ALJDEC

99F-2782-ROC · Registrar of Contractors · 1999-10-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 14, 1999 APPEARANCES: Jeff Teeman appeared on behalf of Respondent. Complainant Michelle Michaud did not appear at the hearing. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________ This matter came on for a regularly scheduled hearing on October 14, 1999 at 9:00 a.m. Based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. The start of the scheduled hearing was delayed for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Complainant Michelle Michaud. Notwithstanding the fact she was the party who had requested the hearing, Ms. Michaud failed to appear. The Administrative Law Judge noted on the record that Ms. Michaud had filed a request for continuance on October 6, 1999 and that such request had been denied although it was possible Ms. Michaud had not received the Administrative Law Judge’s Order denying her request due to a clerical omission of her name from the Order’s mailing certificate. The Administrative Law Judge further noted, however, that according to the records of the Office of Administrative Hearings Ms. Michaud had made no efforts to inquire as to the status of either her motion to continue or the hearing, and that, as such, the hearing was properly convened even if Ms. Michaud had not received the Administrative Law Judge’s Order. Absent receipt of a ruling on a motion, the moving party should either inquire as to the status of the motion or appear at the hearing. A party cannot assume a motion is granted absent notification of a favorable ruling by a tribunal. 2. By virtue of her failure to appear at the hearing, Complainant Michelle Michaud did not present any evidence in support of her complaint against Respondent. CONCLUSIONS OF LAW Complainant Michelle Michaud, by not appearing at the hearing, failed to sustain the required burden of proof in support of her complaint against Respondent. RECOMMENDED ORDER In view of the foregoing, it is recommended that the citation and complaint against Respondent in this matter be dismissed. Done this day, October 14, 1999.

______________________________________ Daniel G. Martin 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