ALJDEC

99F-3514-ROC · Registrar of Contractors · 2000-01-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to notice duly mailed to both parties, a hearing was scheduled on January 18, at 9:00 a.m., to determine if Respondent had violated provisions of A.R.S. ( 32-1154 (A). Both Complainant and Respondent failed to appear. The record was kept open until approximately 9:20 a.m. to allow for the appearance of Complainant and Respondent, or the receipt of any information which would constitute good cause for Complainant’s and Respondent’s absence or delay. No such information was received. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Decision are made:

FINDINGS OF FACT Complainant failed to appear, therefore, no evidence was presented at the hearing in support of the allegations set forth in the Complaint herein.

CONCLUSIONS OF LAW The Complainant has the burden of proof, and the standard of proof on all issues is by a preponderance of the evidence. Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996). A “preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence, (5 (1960). It is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary, 1182 (6th ed. 1990).

Complainant, by the aforementioned 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. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154 (A), as charged in the instant Citation.

RECOMMENDED DECISION In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that this Citation, together with the Complaint upon which it is based, be dismissed. Done this day, January 18, 2000.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of January, 2000, to:

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

By ___________________________

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