ALJDEC

98F-T0204-ROC · Registrar of Contractors · 1998-02-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 12, 1998; 9:25 A.M.; Tucson, Arizona APPEARANCES: Complainant: No Appearance Respondent: Paul Howard Harvey, Qualifying Party ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

Prior to the commencement of the hearing, Mr. Robert E. Gibson, the inspector of the Arizona Registrar of Contractors (“Registrar”) assigned to this matter, informed the Office of Administrative Hearings that he had received a telephone message at 8:55 A. M. from Mrs. Janice Honea, the Complainant, stating she would not be able to attend the hearing. The Office of Administrative Hearings called Mrs. Honea and confirmed she would not appear at the hearing. The start of the hearing was delayed until 9:25 A. M. Mr. Gibson testified he had spoken with Mrs. Honea at 8:00 A. M. on February 12, 1998, and Mrs. Honea had told him she had forgotten about the hearing but would be able to make it down on time. At 8:55 A. M., Mrs. Honea left the telephone message she would not be appearing at the hearing due to a meeting she had already scheduled. She did not appear at the hearing. Mr. Paul H. Harvey, the Respondent’s qualifying party, appeared at the hearing. In these administrative cases, the complainant has the burden of proof, and the standard of proof on all issues is by a preponderance of the evidence. See, Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996), rev. denied (1997); Troutman v. Valley Nat. Bank of Arizona, 170 Ariz. 513, 826 P.2d 810 (App. 1992). A “preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence, § 5 (1960). It “is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” BLACK’S LAW DICTIONARY 1182 (6th ed., 1990). As Mrs. Honea did not appear at the hearing and present evidence, her complaint and the Registrar’s citation have not been substantiated. RECOMMENDED ORDER It is recommended that the Registrar close Citation and Complaint No. T98-0204.

SUBMITTED this 12th day of February, 1998.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order was mailed on February 13, 1998, for distribution to the parties, to:

Michael Goldwater Director Arizona Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007-2940

George A. Schade, Jr.

----------------------- Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826