ALJDEC

99F-0201-ROC · Registrar of Contractors · 1999-02-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 24, 1999. APPEARANCES: COMPLAINANT: Did not appear, nor did anyone on her behalf ; RESPONDENT: BY Alvin Gitt, vice-president and authorized representative.

ADMINISTRATIVE LAW JUDGE: Anthony Halas ________________________________________________________________ This matter proceeded to hearing on February 24, 1999, for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors (Registrar).

FINDINGS OF FACT

1. By Notice of Hearing issued December 30, 1998, hearing in this matter was set for 1:30 p.m. on February 24, 1999. That notice was sent to Complainant’s last known address at 4612 West Bethany Home Road, Glendale, AZ 85301. However, as noted above, Complainant did not appear, although an opportunity for her to do so was provided until 2:02 p.m. 2. Respondent’s representative was present, ready to testify and defend. 3. Because Complainant failed to appear and present evidence to prosecute her claim, the record is without evidence to support her complaint.

CONCLUSIONS OF LAW 1. Complainant bears the burden, by a preponderance of the evidence, of showing that Respondent has violated the statute, or statutes, cited in the CITATION AND COMPLAINT. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (App. 1996). 2. There is no evidence of record to show a violation of any statute cited in the CITATION AND COMPLAINT, so Complainant has failed to sustain her burden of proof.

RECOMMENDED ORDER On the basis of the forgoing findings and conclusions, IT IS RECOMMENDED that complaint 99-0201 against Phoenix Window Company, Inc., be dismissed. Done this day, February 25, 1999.

_____________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Registrar of Contractors Michael P. Goldwater 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826