ALJDEC

99F-2375-ROC · Registrar of Contractors · 1999-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 5, 1999 APPEARANCES: Complainant : Frank Moody failed to appear at the hearing either in person or by representative. Respondent : John Lockett, Vice President Shea/UDC Homes; Rick Karnes, Shea/UDC Homes. Registrar of Contractors: Lewis King, Inspector. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. An evidentiary hearing was scheduled for 9:00 A.M., October 5, 1999 at the Office of Administrative Hearings in Phoenix, Arizona. Although having been given notice as required by applicable law, Complainant failed to appear either personally or by an authorized representative. Respondent’s representatives were present and ready to defend. 2. As Complainant failed to appear and prosecute his claim, the record is devoid of evidence supporting the complaint. CONCLUSIONS OF LAW 1. The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 437 930 P.2d 508, 514 (App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 2. The record contains no evidence indicative that Respondent has violated any of the statutory provisions cited in the Citation and Complaint. RECOMMENDED ORDER Based upon the foregoing findings and conclusions, IT IS RECOMMENDED that complaint No. 99-2375 against UDC Homes Construction, Inc. be dismissed.

Set forth this 5th day of October 1999.

______________________________________ Gary B. Strickland 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