ALJDEC

99F-M1172-ROC · Registrar of Contractors · 1999-11-30

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Sharon Crane and Vicki Simmons dba | | No. 99F-M1172-ROC | |ALLIED FORCES TEMPORARY | | | |SERVICE, | |DECISION AND RECOMMENDED | | | |ORDER OF | |Complainant, | |ADMINISTRATIVE LAW JUDGE | | | | | |-v- | | | | | | | |License No. 135597, Class B-02 of | | | |J AND M TELECOMMUNICATIONS, | | | |INC. (CORP), | | | | | | | |Respondent. | | | | | | |

This matter was docketed for a hearing on November 30, 1999, pursuant to notice duly mailed to both parties. Complainant failed to appear and Respondent failed to appear. Based upon the record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

Complainant, by a failure to attend, did not present any evidence at the scheduled hearing to establish the truth of the allegations set forth in the complaint. Respondent was not present to request a dismissal or to otherwise defend against the claims set forth in the Citation and Complaint. Neither party has informed this tribunal of any extenuating circumstances that would preclude their respective attendance at the hearing.

CONCLUSIONS OF LAW

Complainant, due to a default in appearance and attendance at the hearing, failed to sustain the required burden of proving the allegations set forth in the complaint by a preponderance of relevant, 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 Citation and Complaint. Complainant’s failure to appear at the scheduled hearing without advising this tribunal as to any extenuating circumstances is a matter to be considered in aggravation in determining any recommended order to the Registrar of Contractors.

RECOMMENDATION

In view of the foregoing, it is RECOMMENDED that the Citation, and the Complaint upon which it is based, in the above captioned case be dismissed with prejudice. ENTERED this day, November 30, 1999

______________________________________ Neal H. Jordan 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 ___________________________ -----------------------

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