ALJDEC

99F-P0275-ROC · Registrar of Contractors · 1999-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 1, 1999 at 2:00 p.m. APPEARANCES: Neither Complainant nor Respondent appeared. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

Based upon the entire record in the matter, the undersigned makes the following Findings of Fact, Conclusions of Law and Recommended Order. FINDINGS OF FACT Advance notice of a hearing scheduled to begin at 2:00 p.m. on November 1, 1999 was duly mailed to both parties on August 11, 1999. Although the beginning of the hearing was delayed twenty minutes to allow both parties additional travel time, neither party appeared, personally or through an authorized representative, or contacted the Office of Administrative Hearings to request a continuance. Complainant presented no evidence at the hearing to support the allegations in its complaint to the Registrar of Contractors. CONCLUSIONS OF LAW In this administrative proceeding, Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence. See A.A.C. R2-19-119; see also Culpepper v. State, 187 Ariz. 431, 438, 930 P.2d 508, 515 (App. 1996). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). A preponderance of the evidence is “evidence which is of greater weight or more convincing than evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary at page 1064 (6th ed. 1990). Complainant, by the failing to appear or prosecute its complaint at the hearing, failed to sustain its burden to prove the charges alleged in the complaint by a preponderance of relevant, substantial and probative evidence. Consequently, the record does not support a conclusion that Respondent violated the provisions of A.R.S. §32-1154(A) charged in the Citation and Complaint in this matter. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Registrar of Contractors dismiss the Citation and Complaint in Case No. P99-0275. Done this day, November 15, 1999.

______________________________________ Diane Mihalsky Administrative Law Judge

Original transmitted by mail this ____ day of November, 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