ALJDEC

99F-M1594-ROC · Registrar of Contractors · 2000-03-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 7, 2000 APPEARANCES: Complainant : Honghai Nguyen failed to appear at the hearing in person or by legal representative. Respondent : Kyle Cramer, President of K C Air Conditioning, Inc. Registrar of Contractors: Inspector J. T. Walsh. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________ FINDINGS OF FACT 1. An evidentiary hearing was scheduled for 9:00 A.M., March 7, 2000 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 representative was present and ready to defend. 2. As Complainant failed to appear and prosecute his claim, the record is devoid of evidence supporting the complaint. CONCLUSIONS OF LAW 1. The burden of proof generally at an administrative hearing falls to the Complainant. Utah Construction Company v. Berg, 205 P. 2d 367, Ariz. 285 (Ariz. 1949). 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. RECOMMENDED ORDER Based upon the foregoing findings and conclusions, IT IS RECOMMENDED that complaint No. M99-1594 against K C Air Conditioning, Inc. be dismissed.

Set forth this 7th day of March in the year 2000.

______________________________________ Gary B. Strickland 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