Vacate

2021A-00455-RFA-LS-ROC · Registrar of Contractors · 2022-03-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Matthew Charles Price,

COMPLAINANT,

v.

M & M Diversified LLC

License No. ROC 288011,

RESPONDENT.

No. 2021A-00455-RFA-LS-ROC

ORDER VACATING

HEARING

On February 09, 2022, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Appealable Agency Action (“Notice of Hearing”) setting the above-captioned matter for hearing on March 16, 2022, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona, pursuant to Respondent’s timely appeal of a $24,725.00 Notice of Administrative Award (“Award”) issued by the Registrar on January 06, 2022.

On February 10, 2022, the investigator assigned in the underlying complaint, Mike Springer (“Investigator Springer”), provided notice to the parties that he would not be able to testify in the above-captioned matter due to a scheduling conflict.

On March 08, 2022, the Attorney General’s office, as counsel of record for the Registrar, submitted exhibits above-captioned matter to OAH.

On March 11, 2022, Respondent submitted a Motion to Continue based on Investigator Springer’s unavailability.

On March 11, 2022, Complainant submitted three (3) separate written objections to OAH regarding Respondent’s motions.

On March 15, 2022, Respondent’s was denied by the undersigned as untimely pursuant to Ariz. Admin. Code R2-19-106(C).

On March 16, 2022, all parties appeared remotely for the above-captioned matter. At that time, the Registrar advised that it was unable to move forward because the Award had to be Quashed and reviewed by the Registrar’s legal department. The parties were advised that the Registrar would issue a modified Award or Notice and Order of Recovery Fund Claim Denial that would come with additional appeal rights.

Therefore,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-111(4), this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any.

Done this day, March 16, 2022.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed March 16, 2022 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Sarah A. Asta, Esq., Assistant Attorney General

Office of the Attorney General

Licensing and Enforcement Section

2005 N. Central Ave.

Phoenix, AZ 85004-1592

[email redacted]

M & M Diversified LLC, Respondent

c/o Sean Mendoza, Agent

910 Plaza Del Gado

Sierra Vista, AZ 85635

[email redacted]

[email redacted]

Matthew Charles Price, Complainant

1010 Plaza Benito

Sierra Vista, AZ 85635

[email redacted]

By c. serrano