ALJDEC

99F-2619-ROC · Registrar of Contractors · 1999-10-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 1999. APPEARANCES: No one appeared. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. Complainant filed a complaint with the Registrar of Contractors regarding an allegation that Respondent had failed to pay for work subcontracted to Complainant.

2. On May 19, 1999 a Citation and Complaint was issued by the Registrar of Contractors to which Respondent filed an answer. Though a default order had been issued by the Registrar of Contractors, a hearing was ultimately granted and set for September 28, 1999 at 9:00 a.m.

3. A letter confirming an agreement between the parties, signed by Respondent, was sent to the Office of Administrative Hearings by facsimile transmission on July 28, 1999, originating from Complainant’s business address and containing a cover sheet with a notation stating, “This is OK with us”. However, no proper request to vacate the hearing or notice of withdrawal of the Complaint was received.

CONCLUSIONS OF LAW

1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§32-1154(B) and 32-1156.

2. The burden of proof at an administrative hearing is generally upon the Complainant. Utah Construction Company v. Berg at al, 68 Ariz. 285, 205 P.2d 367 (1949). Further, the standard of proof at hearing is a “preponderance of the evidence”. Smith v. Arizona Dept. of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985).

3. In this case, Complainant has failed to appear at hearing and offer evidence in the above matter. Therefore, Complainant has failed to sustain the requisite burden of proof, and the Complaint in this matter must be denied and the matter closed.

RECOMMENDED ORDER

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

Done this day, October 1, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

___________________________________ Dorinda M. Lang 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