ALJDEC

99F-T0177-ROC · Registrar of Contractors · 1999-03-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|OLD PUEBLO ADOBE COMPANY, |(|Case No.: T99-0177 | | |(| | |Complainant, |(|Docket No.: 99F-T0177-ROC | | |(| | |vs. |(| | | |(|Recommended | |License No. 120872, Class B of |(|Decision and Order | |BAUER HOMES LTD. (CORP), |(| | | |(| | |Respondent. |(| | | |(| |

HEARING: Monday, March 8th, 1999; 9:15 a.m. Appearances: Both parties failed to appear or to be represented. Administrative Law Judge: Grant Winston

This matter was brought on for administrative hearing on March 8th, 1999. Neither party appeared. The case was noticed to convene at 9:00 a.m. The case was called at 9:15 a.m.

FINDINGS OF FACT

1. The Complainant failed to appear at the call of this case, as did the Respondent. The call of the case was delayed fifteen minutes beyond the time duly noticed in order to provide for the possibility that the parties might have been unexpectedly delayed.

2. The Complainant, in failing to appear, failed to present any evidence in support of its claim against the Respondent.

Conclusion of Law

1. The 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 evidence. Consequently, the record does not support a conclusion that the Respondent has violated any provision of A.R.S. §32-1154.A. as set forth in the instant Citation and Complaint.

Recommended Order

Wherefore, it is hereby recommended that Citation and Complaint, T99- 0177, together with the Complaint on which it is based, be dismissed.

Dated this 12thday of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this day of March, 1999, to:

Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

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