ALJDEC decisions subject to certification as final

2019A-01557-CHC-ROC · Registrar of Contractors · 2019-11-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 4 and November 5, 2019 APPEARANCES: No authorized representative appeared for Complainant on October 4, 2019; Chandler Travis, Esq. appeared for Complainant on November 5, 2019; Kevin Liszewski appeared for Respondent both dates ADMINISTRATIVE LAW JUDGE: Thomas Shedden

This matter was scheduled to be convened on October 4, 2019. Prior to that date neither party submitted a disclosure statement. The matter was convened on October 4, 2019, but Complainant did not have a representative who met the requirements of Arizona Supreme Court Rule 31 and Respondent did not object to the matter being continued. At that time the parties were reminded of the requirement to submit disclosure statements prior to the new hearing date. The matter was rescheduled for hearing on November 5, 2019. Again neither party submitted a disclosure statement. Complainant was represented by counsel but had no witnesses or members of the corporate HOA present.[1] Discussion was held as to the scope of the hearing, which was in dispute because there were two complaints in the administrative record. Complainant’s attorney took the position that both complaints were at issue, whereas Respondent took the position that one of the complaints had been dismissed by ROC. Although the tribunal typically might call the ROC investigator as a witness to clarify the scope of the hearing, ROC’s investigator for the matter did not appear at the continued hearing date.[2] Considering Complainant’s repeated failure to file a disclosure statement in light of the above, the Administrative Law Judge informed the parties that the matter was being dismissed. See Ariz. Admin. Code § R4-9- 118(C)(providing the ALJ with authority to dismiss charges and claims when no disclosure is made). IT IS ORDERED that Case Number 2019-01557 is dismissed.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is forty days after the date of that certification. Done this day, November 6, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] Counsel informed the tribunal that Complainant was intending to rely on examination of Respondent’s owner to present its case. [2] Office of Administrative Hearings’ personnel contacted the Registrar’s office and learned that the assigned investigator no longer works at ROC. Both parties had agreed to go forward without the investigator present.

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Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826