ALJDEC

99F-M1039-ROC · Registrar of Contractors · 1999-11-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 10, 1999 APPEARANCES: Complainant : Norma Evelyn Hritzuk failed to appear at the hearing either in person or by legal representative. Respondent : William A. Hale, President; Brett C. Hale, Vice President; Lori Gutierrez, Office Manager ADMINISTRATIVE LAW JUDGE: Gary B. Strickland

_____________________________________________________________________FINDING S OF FACT 1. An evidentiary hearing was scheduled for 9:00 A.M., November 10, 1999 at the Office of Administrative Hearings in Phoenix, Arizona. Although having been given notice as required by applicable law, Complainant failed to appear either personally or by an authorized representative. Respondent’s representatives were present and ready to defend. 2. As Complainant failed to appear and prosecute her claim, the record is devoid of evidence supporting the complaint. 3. Further, the record evinces that Complainant has failed to cooperate with the Registrar in an effort to resolve this dispute. This is particularly manifest by Complainant’s indication made the day prior to the scheduled hearing of her intent not to attend the scheduled hearing, without providing excuse or rationale therefor. CONCLUSIONS OF LAW 1. The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 437 930 P.2d 508, 514 (App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 2. The record contains no evidence indicative that Respondent has violated any of the statutory provisions cited in the Citation and Complaint, namely, A.R.S ( 32-1154 (A) (3) (7) and (23). RECOMMENDED ORDER Base upon the foregoing findings and conclusions, IT IS RECOMMENDED that complaint No. 99-2375 against UDC Homes Construction, Inc. be dismissed with prejudice. Set forth this 10th day of November 1999.

______________________________________ GARY B. STRICKLAND Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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

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