ALJDEC
99F-X0017-ROC · Registrar of Contractors · 1998-11-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|REGISTRAR OF CONTRACTORS, | |No. 99F-R0017-ROC | | | |No. 99F-X0017-ROC | |Complainant, | | | | | | | |-v- | | | | | | | |License No. 123921, Class A of | |RECOMMENDED DECISION | |GLENDALE CONTRACTING CORPORATION | |OF ADMINISTRATIVE | | | |LAW JUDGE | |and | | | | | | | |License No. 095857, Class A of | | | |GLENDALE PAVING CORPORATION, | | | | | | | |Respondent. | | | | | | |
HEARING: November 18, 1998 APPEARANCES: No one appeared on behalf of the State D. Jay Ryan, Attorney at Law, on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________
FINDINGS OF FACT This matter came on for hearing at the date, time and place set forth in the Notice of Hearing. The State as the Complainant was not present. The Respondent was present with counsel and prepared to proceed. The record was kept open until 9:40 a.m. but no information was received which would show good cause for the nonappearance by the State. Counsel for the Respondent moved for dismissal with prejudice of the Citation and Complaint.
CONCLUSIONS OF LAW The State as the Complainant and as the charging party bringing the allegation for the purpose of imposing sanctions against the licensed party has the burden of proof and the burden of prosecuting the action. The State failed to appear and present any evidence in support of the allegations in the Citation and Complaint. No information was received by the Administrative Law Judge as to why the State failed to appear. Absent any presentation of evidence in the case, the Respondent’s motion to recommend dismissal must be granted. The matter is recommended for dismissal with prejudice because there is no showing of good cause which would justify the State’s nonappearance for hearing. Absent such a showing, there is no basis to again require the Respondents to defend in this action after having appeared with counsel prepared to proceed with the hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Citation and Complaint be dismissed with prejudice. Done this day, November 19, 1998.
_________________________________ ALLEN REED Administrative Law Judge
Original transmitted by mail this ____ day of November, 1998, to:
Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007
By _______________________________
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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826