ALJDEC

99F-1797-ROC · Registrar of Contractors · 2000-01-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|GUESTIMATIONS, | | No. 99F-1797-ROC | | | |RECOMMENDED DECISION | |Complainant, | |OF ADMINISTRATIVE | | | |LAW JUDGE | |-v- | | | | | | | |License No. 135313, Class B of | | | | | | | |DAIWA, INC. (CORP), | | | | | | | |Respondent. | | | | | | |

HEARING: January 19, 2000 APPEARANCES: No one appeared on behalf of the Complainant. “Tom” Chi-Hung Shieh, Qualifying Party, appeared on behalf of the corporate Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ A Default Order for failure of the Respondent to answer the complaint, was entered by the Registrar of Contractors (Registrar), on July 12, 1999. The Respondent’s license was revoked effective August 23, 1999. On September 29, 1999, the Registrar quashed the Order of Revocation for the reason that the Citation and Complaint had not been properly served on the Respondent. The matter was scheduled for hearing. The case came on for hearing at the date, time and place set forth in the Notice of Hearing. The Respondent was present and prepared to proceed. No one appeared on behalf of the Complainant and no information was received by the Office of Administrative Hearings which would show good cause for the Complainant’s failure to appear.

Conclusions of Law The Complainant has the burden of proving the allegations contained in the Citation and Complaint, by a preponderance of the evidence. There being no Complainant at the hearing, no evidence was presented to sustain any of the allegations. Absent any such evidence, only one recommendation can be made. Recommended Order In view of the foregoing it is recommended that the Citation and Complaint upon which it is based, be dismissed. Done this 19th day of January, 2000

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Registrar of Contractors 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