ALJDEC

99F-F0269-ROC · Registrar of Contractors · 1999-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 21, 1999. APPEARANCES: COMPLAINANT: No one appeared. RESPONDENT: No one appeared.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________ This matter proceeded to hearing on October 21, 1999, for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors (Registrar).

FINDINGS OF FACT

1. By Notice of Hearing issued July 27, 1999, hearing in this matter was set for 8:30 a.m. on October 21, 1999, in Flagstaff, Arizona. That notice was sent to Complainant’s last known address at 6609 N. Scottsdale Road #108, Scottsdale, AZ 85250. However, as noted above, no one appeared on behalf of Complainant, although opportunity for such appearance was provided until 9:05 a.m. 2. It is further noted that Respondent did not appear through that time, nor did anyone on his behalf. 3. Because Complainant failed to appear and present evidence to prosecute its claim, the record is without evidence to support its complaint. CONCLUSIONS OF LAW 1. Complainant bears the burden, by a preponderance of the evidence, to demonstrate that Respondent has violated the statute, or statutes, cited in the CITATION AND COMPLAINT. Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (App. 1996). 2. There is no evidence of record to show a violation of any statute cited in the CITATION AND COMPLAINT, so Complainant has failed to sustain its burden of proof.

RECOMMENDED ORDER On the basis of the forgoing findings and conclusions, IT IS RECOMMENDED that the Citation in Case No F99-0269, and the complaint upon which it is based, be dismissed. Done this day, October 26, 1999.

______________________________________ Anthony Halas 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