ALJDEC

99F-1964-ROC · Registrar of Contractors · 1999-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on June 22, 1999 pursuant to advance notice duly sent to both parties. The Respondent appeared through its President and qualifying party, Alan V. Beebe. Although the start of the scheduled hearing was delayed for approximately 30 minutes to afford added time in which to make an appearance, the Complainant, Robert N. Garry, did not appear in person or through any proper legal representative. 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.

CONCLUSIONS OF LAW

1. 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 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.

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 Number 99-1964 be dismissed.

Dated: June 24, 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