Vacate
2019A-02986-RFA-LS-ROC · Registrar of Contractors · 2021-04-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
David Carson Brinkley,
COMPLAINANT,
v.
Image Home Improvement Inc.
License Number ROC 313587,
RESPONDENT.
No. 2019A-02986-RFA-LS-ROC
ORDER VACATING
HEARING
HEARING: April 01, 2021 at 9:00 AM.
APPEARANCES: Assistant Attorney General John Tellier, Esq. appeared on behalf of the Arizona Registrar of Contractors (“Registrar”) with Gail Matthews as a witness. David Carson Brinkley (“Complainant”) appeared on his own behalf. No appearance(s) by or on behalf of Image Home Improvement Inc. (“Respondent”)
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
_____________________________________________________________________
On October 09, 2020, the Registrar issued a Notice of Claim for Administrative Award which determined that Complainant was to be awarded $30,000.00 by the Residential Contractors’ Recovery Fund. Respondent timely appealed.
On December 02, 20201, the Registrar issued a Notice of Recovery Fund Hearing (“Notice”) setting the above-captioned matter for hearing on January 12, 2021, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.
On December 11, 2020, OAH issued an Order informing the parties that the hearing would take pace remotely. Videoconference and teleconference information was provided to the parties.
On January 12, 2021, shortly after the hearing record was opened, Respondent notified the Tribunal that he was not in possession of the Registrar’s disclosed exhibits and requested a continuance. Respondent’s motion was granted without objection from either the Registrar or Complainant and reset for February 09, 2021.
Although exhibits had been provided to Respondent’s attorney of record, Respondent had severed that relationship and failed to provide notice to either to the Registrar or OAH.
On February 08, 2021, OAH received a Motion to Continue from Respondent that stated he was unable to participate in the scheduled hearing due to a COVID-19 diagnosis and related symptoms. On February 09, 2021, Respondent’s motion was granted over Complainant’s objection. The matter was reset for April 01, 2021.
On March 31, 2021, OAH received a Motion to Continue from Respondent that stated he had a conflict with a hearing scheduled in another court.
Pursuant to Ariz. Admin. Code R4-9-117 Administrative Notice of the public docket file for Case #M-751-CR-[number redacted]. On November 18, 2020, 3 criminal charges were filed against defendant Rainbow Faith Wieland for alleged violations of Ariz. Rev. Stat. §§ 13-2904(A)(1), 13-1502(A)(1), and 13-2907.01(A). On February 24, 2021, a Trial Readiness Conference was set for April 01, 2021, at 9:30 a.m.
On April 01, 2021, Respondent did not appear for the scheduled hearing.
There is no Settlement Order on file for this case at OAH.
Pursuant to Ariz. Admin. Code R2-19-106(C), the undersigned found Respondent’s motion to be untimely and without good cause. As such, Respondent was held in default.
Based on the foregoing,
IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-117 and R2-19-111(4), that this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any
Done this day, April 01, 2021.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Copy mailed/e-mailed/faxed April 01, 2021, to:
Jeffrey Fleetham, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
Office of the Attorney General, Complainant
John Tellier, Esq., Assistant Attorney General
2005 N. Central Ave.
Phoenix, AZ 85004
[email redacted]
Image Home Improvement Inc., Respondent
c/o Stephen Duebel
15211 N 28th Pl
Phoenix, AZ 85032
[email redacted]
David Carson Brinkley, Complainant
10417 N 43rd Place
Phoenix, AZ 85028
[email redacted]
By M Alvarez