Vacate

2021A-02297-CHC-ROC · Registrar of Contractors · 2022-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Justin Zinkann ,

COMPLAINANT

v.

Valley Tile and Veneer LLC

License No. ROC 323847,

RESPONDENT

No. 2021A-02297-CHC-ROC

ORDER VACATING

HEARING

The Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing setting this matter for hearing on November 15, 2021, at 1:00 p.m.

On November 15, 2021, prior to the time set for hearing, Justin Zinkann (“Complainant”) filed a Motion to Continue Hearing, stating the following:

I would like to postpone this hearing to give the contractor time to remedy the situation. We have been in contact with each other and he intends to finish everything that was from the original contract, he as already done a few items. I would like to give him time to finish all the items on my complaint. thanks

(All errors in original.)

On November 17, 2021, the Administrative Law Judge issued a Minute Entry Granting Continuance, advising the parties that the continued hearing was scheduled to convene on January 31, 2022, at 9:00 a.m.

On January 26, 2022, Complainant filed a second Motion to Continue, stating, “giving contractor more time to finish.”

On January 28, 2022, the Administrative Law Judge issued a Minute Entry Granting Continuance and Setting Status Date wherein the parties were instructed as to the following:

. . . the hearing in the above-entitled matter is continued and set for a Status Update on February 28, 2022. On or before this date, the parties are advised to do one of the following:

Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing;

Inform the tribunal that the parties need additional time to resolve the matter by submitting a Motion to Continue and reset for Status by 30-days, 45-days, or 60-days; or

Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be set for hearing.

Neither party submitted a Status Update by February 28, 2022. On March 1, 2022 and March 4, 2022, a staff member of the Office of Administrative Hearings emailed both parties to request a Status Update. The March 4, 2022 email advised that in the event a Status Update was not received by 5:00 p.m. on March 7, 2022, the hearing would be vacated. Neither party responded to either mail.

Based on the above,

IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED remanding this matter to the Registrar for further action.

Done this day, March 8, 2022.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile March 8, 2022 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Steve Klein

[email redacted]

Valley Tile and Veneer LLC

[email redacted]

Justin Zinkann

[email redacted]

By M Alvarez