ALJDEC

99F-1156-ROC · Registrar of Contractors · 1999-08-25

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on August 25, 1999 pursuant to advance notice duly mailed to both parties. The Complainant failed to appear through any proper legal representative or through any appropriately authorized Board member or officer. Respondent appeared through its qualifying party, Barry Lynch. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

2. John Osselaer, on behalf of the management company presently employed by the Complainant association, was present at the hearing and, although not permitted to properly “represent” Complainant, was allowed to make a statement on the record which confirmed that, to his best knowledge, no issues remained with respect to the original or the subsequent corrective work performed by Respondent.

CONCLUSIONS OF LAW

1. Complainant, by the aforementioned default in proper appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A, as charged in the instant Citation. On the contrary, it appeared that any and all issues relating to the painting work by Respondent have been appropriately and fully resolved.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of proper prosecution by Complainant, it is recommended that the entire Citation issued and the entire Complaint filed in Case No. 99-1156 be dismissed.

Dated: August 27, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

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

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