ALJDEC

99F-0819-ROC · Registrar of Contractors · 1999-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing was held in this matter on April 5, 1999 pursuant to advance notice duly mailed to both parties. Complainant failed to appear and Respondent appeared on his own behalf. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT Although the beginning of the hearing was delayed fifteen minutes to allow Complainant additional travel time, she neither appeared, contacted the Office of Administrative Hearings to request a continuance, nor presented any evidence at the hearing to support the allegations in her complaint to the Registrar of Contractors. Respondent appeared but did not offer any evidence on his own behalf. CONCLUSIONS OF LAW In this administrative proceeding, Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence. See A.A.C. R2-19-119; see also Culpepper v. State, 187 Ariz. 431, 438, 930 P.2d 508, 515 (App. 1996). “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). A preponderance of the evidence is “evidence which is of greater weight or more convincing than 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 at page 1064 (6th ed. 1990). Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required 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 has violated the provisions of A.R.S. §32-1154(A), as charged in the Citation and Complaint in this matter. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the entire Citation and Complaint in Case No. 99-0819 shall be dismissed. Done this day, April 5, 1999.

______________________________________ Diane Mihalsky Administrative Law Judge

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

Registrar of Contractors Mr. Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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