ALJDEC

99F-1994-ROC · Registrar of Contractors · 1999-09-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 17, 1999. APPEARANCES: Complainant did not appear. Respondent was represented by its owner and qualifying party, Kenneth E. Shaffer. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusion of Law and Recommended Order are made:

FINDINGS OF FACT

1. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of a proper representative for Complainant. 2. The Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein. … … …

CONCLUSION 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 relevant, substantial and probative evidence, and consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154(A)(7) and (11).

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the Citation and Complaint in this matter be dismissed.

Done this day, September 17, 1999

______________________________________ BRIAN BRENDAN TULLY 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826