Vacate
2021A-03720-CHC-ROC · Registrar of Contractors · 2021-12-10
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Daniel Nuzzo ,
COMPLAINANT,
v.
D and H Plumbing Inc.,
License No. ROC 326508,
RESPONDENT.
No. 2021A-03720-CHC-ROC
ORDER VACATING
HEARING
On October 26, 2021, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) setting the above-captioned matter for hearing on December 10, 2021, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice advised, in pertinent part, as follows:
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
(Emphasis added.)
The Notice of Hearing also noted that a [Google Meet] link would be provided to the parties for remote appearances, and that any party wishing to appear in-person needed to submit a request through www/azoah.com. Correspondence issued to Complainant was not returned as undeliverable.
On December 01, 2021, OAH electronically provided the Google Meet participation link to the parties. Correspondence issued to Complainant was not returned as undeliverable.
On December 03, 2021, Respondent submitted its evidentiary and witness disclosure to OAH.
On December 10, 2021, Complainant failed to appear in-person or remotely for the scheduled hearing. No request to continue or appear via alternative means was received by OAH from Complainant. At the end of a 15-minute grace period, the undersigned found Complainant to be in default.
There is no Settlement Order on file for this case at OAH.
Therefore,
IT IS ORDERED, pursuant to Ariz. Admin. Code R2-17-117 and 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.
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-137160-45720000Done this day, December 10, 2021.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Copy mailed/e-mailed/faxed December 10, 2021 to:
Jeffrey Fleetham, Director
Registrar of Contractors
c/o Legal Department
ATTN: Lisa Melton, Investigator
1700 W. Washington St., Ste. 105
Phoenix, AZ 85007
[email redacted]
D and H Plumbing Inc., Respondent
5412 N 186th Dr.
Litchfield Park, AZ 85340
Andrew J. Wenker, Esq., Counsel for Respondent
6730 N Scottsdale Rd., Ste. 101
Scottsdale, AZ 85253
[email redacted]
Daniel Nuzzo, Complainant
14612 N 49th Way
Scottsdale, AZ 85254
[email redacted]
By c. serrano