ALJDEC
98F-M0194-ROC · Registrar of Contractors · 1998-03-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|AMERICAN SHOTCRETE | |98F-M0194-ROC | |CONSTRUCTION, INC., | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |COMPLAINANT, | |LAW JUDGE | | | | | |-V- | | | | | | | |LICENSE NO. 111679, CLASS B-05 | | | |OF | | | |DESERT CANYON POOLS, INC. (CORP), | | | | | | | |RESPONDENT. | | | | | | | | | | |
HEARING: March 5, 1998. APPEARANCES: American Shotcrete Construction, Inc., Complainant, failed to appear. Michael L. Shriver, President of Desert Canyon Pools, Inc., appeared representing Desert Canyon Pools, Inc., Respondent.
ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _____________________________________________________________________ The hearing in this matter was held for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors. Complainant failed to appear and Respondent moved to dismiss the matter. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made: . . .
FINDINGS OF FACT Complainant failed to present any evidence at the hearing in support of the allegations set forth in the Complaint herein.
CONCLUSIONS OF LAW Complainant, by the aforementioned default in appearance at the hearing, failed to sustain its burden of proving the charges set forth in the Complaint by a preponderance of relevant, substantial, and probative evidence. Consequently, the record does not support any finding that Respondent violated the provisions of A.R.S. §32-1154(A), as charged in the instant Citation.
RECOMMENDED DECISION In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that Citation No. M98-0194, together with the Complaint upon which it is based, be dismissed. Done this day, March 5, 1998.
______________________________________ Kip M. Micuda Administrative Law Judge
Original transmitted by mail this ____ day of ____________, 1998, to:
Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007
By ___________________________ -----------------------
Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826