ALJDEC

99F-2178-ROC · Registrar of Contractors · 1999-08-18

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter was docketed for a hearing on August 18, 1999, pursuant to notice duly mailed to both parties. Complainant failed to appear and Respondent failed to appear. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

Complainant, by its failure to attend, did not present any evidence at the scheduled hearing to establish the truth of the allegations set forth in the complaint. Respondent was not present to request a dismissal or to otherwise defend against the claims set forth in the Citation and Complaint. Neither party has informed this tribunal of any extenuating circumstances that would preclude their respective attendance at the hearing.

CONCLUSIONS OF LAW

Complainant, due to its 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. 2. Complainant’s failure to appear at the scheduled hearing without advising this tribunal as to any extenuating circumstances is a matter to be considered in aggravation in determining any recommended order to the Registrar of Contractors.

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- 2178, shall be dismissed with prejudice.

DONE AND ENTERED, this day, August 18, 1999.

______________________________________ Neal H. Jordan Administrative Law Judge

Original transmitted by mail this ____ day of August, 1999, to:

Michael P. Goldwater Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826