ALJDEC

99F-1712-ROC · Registrar of Contractors · 1999-08-23

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to notice, a formal hearing was held in this case on August 20, 1999, in Phoenix, Arizona, before Neal H. Jordan, Administrative Law Judge of the Office of Administrative Hearings.

APPEARANCES For Complainant: Defaulted in appearance. For Respondent: Attorney Rick D. Sherman

FINDINGS OF FACT Based upon all the evidence of record, the following findings of fact are determined: Complainant, by her failure to attend, did not present any evidence at the scheduled hearing to establish the truth of the allegations set forth in the complaint. The Respondent presented evidence that supports the finding that there was no basis, in fact or in law, for the complaint to have been filed.

CONCLUSIONS OF LAW Complainant, due to her default in appearance and attendance at the hearing, failed to sustain the required burden of proving the allegations 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. §32-1154A, as charged in the instant Citation. The facts support the conclusion that, as a matter of law, the complaint was frivolous and filed without merit.

RECOMMENDATION In view of the foregoing, it is RECOMMENDED that the Citation, and the Complaint upon which it is based, in the above captioned case, No. 99- 1712, shall be dismissed with prejudice.

DONE AND ENTERED this day, August 23, 1999

______________________________________ Neal H. Jordan Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826