ALJDEC

99F-M0625-ROC · Registrar of Contractors · 1999-05-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 27, 1999. APPEARANCES: Complainant did not appear. Respondent appeared through its president, Sherman Gipson. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

The commencement of the hearing was delayed twenty minutes to allow for the late arrival of the Complainant or an attorney representing him. Based upon the entire record in the matter, the following Finding of Fact, Conclusion of Law and Recommended Order are made.

FINDING OF FACT

1. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

. . .

CONCLUSION 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 relevant, substantial and probative evidence, and consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154 (A) (7), (23) and (3); namely Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that the citation and complaint in this matter be closed.

Done this day, May 27, 1999.

______________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Registrar of Contractors Mr. Michael P. Goldwater, Director 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