ALJDEC

99F-H0259-ROC · Registrar of Contractors · 2000-03-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 28, 2000 at 9:00 a.m. APPEARANCES: Complainant did not appear; Respondent appeared through John Charles Stallings. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

Based upon the entire record in the matter, the undersigned makes the following Findings of Fact, Conclusions of Law and Recommended Order. FINDINGS OF FACT Advance notice of a hearing scheduled to begin at 9:00 a.m. on March 28, 2000 was duly mailed to both parties on December 23, 1999. Although the beginning of the hearing was delayed fifteen minutes to allow Complainant additional travel time, it neither appeared, personally or through an authorized representative, or contacted the Office of Administrative Hearings to request a continuance. Complainant presented no evidence at the hearing to support the allegations in its complaint to the Registrar of Contractors. CONCLUSIONS OF LAW In this administrative proceeding, Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence. See A.A.C. R2-19-119; see also Culpepper v. State, 187 Ariz. 431, 438, 930 P.2d 508, 515 (App. 1996). Complainant, by failing to appear or prosecute its complaint at the hearing, failed to sustain its burden to prove the charges alleged in the complaint by a preponderance of relevant, substantial and probative evidence. The record therefore does not support a conclusion that Respondent at the time of the hearing was in violation of the provisions of A.R.S. § 32- 1154(A) charged in the Citation and Complaint. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Registrar of Contractors close the Citation and Complaint in Case No. H99-0259. Done this day, March 31, 2000.

______________________________________ Diane Mihalsky Administrative Law Judge

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

Registrar of Contractors 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