Vacate

2021A-01238-RFA-LS-ROC · Registrar of Contractors · 2022-05-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Linda Lee DeFurio,

COMPLAINANT,

v.

New Image LLC

ROC License No. 317418,

RESPONDENT

No. 2021A-01238-RFA-LS-ROC

ORDER VACATING

HEARING

HEARING: May 09, 2022 at 9:00 AM.

APPEARANCES: Assistant Attorney General Elizabeth Campbell Esq., appeared on behalf of the Arizona Registrar of Contractors (“Registrar”) with Doug Ulmer as a witness. Linda Lee DeFurio (“Complainant”) appeared on her own behalf. No appearance(s) by or on behalf of New Image LLC (“Respondent”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

On March 25, 2022, the Registrar issued a Notice of Hearing on Appealable Agency Action (“Notice”) setting the above-captioned matter for hearing on May 09, 2022, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice provided that the parties would participate remotely, in pertinent part, as follows:

A [Google Meet] link will be provided directly from the Office of Administrative Hearings.

(Emphasis in original.)

Correspondence was not returned as undeliverable from either party.

On April 01, 2022, OAH electronically transmitted Google Meet tele/videoconference information to the parties. Correspondence was not returned as undeliverable from either party.

On April 26, 2022, OAH received the Registrar’s disclosure statement.

On May 06, 2022, the Registrar advised OAH of a substitution of counsel.

A Motion to Vacate was not received by OAH from Complainant in the above-captioned matter.

On May 09, 2022, Respondent, the appealing party with the burden of proof in the above-captioned matter, failed to appear for the hearing. No written request to appear via alternative means or continue the matter was received by or on behalf of Respondent. At the expiration of a fifteen (15) minute grace period, Respondent was deemed to have defaulted its appearance.

Therefore,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-111(4) and R2-9-119(B)(1), this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any.

Done this day, May 09, 2022.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed May 09, 2022 to:

Jeffrey Fleetham, Director

c/o Doug Ulmer

Registrar of Contractors

c/o Legal Department

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

New Image LLC, Respondent

17728 N. Deer Trl.

Maricopa, AZ 85139

[email redacted]

Linda Lee DeFurio, Complainant

41987 W. Ellington Ln.

Maricopa, AZ 85138

[email redacted]

Elizabeth Campbell, Esq., Assistant Attorney General

Office of the Attorney General

Licensing and Enforcement Section

2005 N. Central Ave.

Phoenix, AZ 85004

[email redacted]

By Miranda Alvarez