PDF copy: Vacate

2021A-00315-CHC-ROC · Registrar of Contractors · 2021-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Cameron Donald Whitehead, No. 2021A-00315-CHC-ROC COMPLAINANT v. ORDER VACATING Cal-Nev-Ari Construction Inc., HEARING License No. ROC 159088 RESPONDENT This matter was convened for hearing on July 15, 2021 and evidence was taken. Respondent’s position was that items identified as deficiencies were not within the scope of the parties’ contract. ROC’s investigator did not have a copy of the contract when conducting his job site inspection. During the hearing, the parties agreed to continue the matter to allow Respondent to complete or repair items that Complainant alleged were deficient. Subsequently, the matter was scheduled for further hearing. Complainant did not appear at the further hearing and Respondent requested that the matter be dismissed. Because Complainant did not appear, the matter was “concluded” without taking any additional evidence. Complainant filed a notice showing that he had tried without success to contact the tribunal at the time of the further hearing. Complainant requested that the matter be reopened. Respondent objects. Complainant has submitted to the tribunal a new contract and a change order, both of which the parties entered after the July 15, 2021 hearing date. This new contract includes many of the items that were the subject of Complainant’s complaint. Respondent’s position is that it completed most of the items on that new contract, and that Complainant was responsible for delays because he lives in California. Considering the above information, and particularly the fact that the parties entered this new contract and related change order(s), the issues for this hearing are moot and it is appropriate to vacate the hearing and dismiss the citation at issue. IT IS ORDERED vacating this matter and remanding it to the Registrar of Contractors.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Done this day, December 15, 2021. /s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Copy mailed/e-mailed/faxed December 15, 2021 to: Jeffrey Fleetham Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted] Cal-Nev-Ari Construction Inc. 5061 S Huntington Rd Fort Mohave, AZ 86426 [email redacted]

Bob McQuien [email redacted]

Cameron Donald Whitehead 379 Marina Blvd Bullhead City, AZ 86442 [email redacted]

By c. serrano

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