ALJDEC

99F-2038-ROC · Registrar of Contractors · 1999-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 17, 1999. APPEARANCES: Complainant did not appear. Respondent appeared through its owner and qualifying party, Thomas James Colosimo. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

The commencement of the hearing was delayed for 15 minutes to allow for the late arrival of the Complainant. The above matter then came on for hearing pursuant to Notice duly sent to the parties. Based upon the entire record in the matter, the following Finding of Fact, Conclusion of Law and Recommended Order are made:

FINDING OF FACT

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

CONCLUSION OF LAW

1. Complainant, by her 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 (3); namely Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Citation and Complaint in this matter be dismissed.

Done this day, June 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 ___________________________ -----------------------

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