ALJDEC

99F-M0523-ROC · Registrar of Contractors · 1999-07-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 7, 1999.

APPEARANCES: The Complainant failed to appear.

Respondent appeared through its Vice-president and authorized employee, Tom Sullivan.

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Based upon 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 thirty minutes in order to allow additional time for Complainant to make an appearance either herself or through a proper legal representative, but no such appearance was made.

2. Less than one day prior to the time at which the administrative hearing had been set to convene, pursuant to a formal written notice sent to the parties on May 13, 1999, Complainant communicated a request to this tribunal to allow her to appear telephonically at the hearing. This request was denied by the undersigned Administrative Law Judge, as was a similar written renewed request for reconsideration of the prior denial ruling, based primarily upon the disciplinary nature of these administrative proceedings as well as upon the untimliness of these requests.

3. In failing to appropriately appear, Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

1. 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 reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A, as charged in the instant Citation.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the entire Citation and Complaint in Case No. M99-0523 be dismissed.

Dated: July 9, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

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