Vacate
2021A-05184-CHC-ROC · Registrar of Contractors · 2022-05-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Joe Ann Lanier ,
COMPLAINANT,
v.
J C Asphalt Inc.
ROC License No. 271539,
RESPONDENT.
No. 2021A-05184-CHC-ROC
ORDER VACATING
HEARING
HEARING: May 04, 2022 at 1:30 PM.
APPEARANCES: No appearance(s) by or on behalf of Joe Ann Lanier (“Complainant”). Joe Juan Corral-Rodriguez appeared on behalf of JC Asphalt Inc. (“Respondent”). Mike Springer appeared on behalf of the Arizona Registrar of Contractors (“Registrar”).
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
On February 18, 2022, the Registrar issued a Notice of Hearing on Contested Case (“Notice”) setting the above-captioned matter for hearing on March 29, 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 March 23, 2022, OAH received a Motion to Continue from Complainant. The motion was granted. The hearing was reset for 1:30 p.m. on May 04, 2022. Correspondence was not returned as undeliverable from either party.
On April 01, 2022, OAH received a Motion to Continue from Complainant. A request for information was issued to Complainant. Complainant failed to respond.
On April 28, 2022, OAH received a Motion to Continue from Complainant. The motion was denied.
On May 02, 2022, Complainant submitted a Request for Consideration.
On May 03, 2022, OAH received a Motion to Vacate from Respondent, along with an attachment that alleged the parties entered into a Settlement Agreement.
On May 04, 2022, although afforded a fifteen (15) minute grace period, Complainants 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 Complainant. Complainant is deemed to have defaulted their 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 04, 2022.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Copy mailed/e-mailed/faxed May 04, 2022 to:
Jeffrey Fleetham, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington St., Ste. 105
Phoenix, AZ 85007
[email redacted]
J C Asphalt Inc., Respondent
218 W. Calle Evelina
Tucson, AZ 85706
[email redacted]
Joe Ann Lanier, Complainant
3908 S. 12th Ave.
Tucson, AZ 85714
[email redacted]
[email redacted]
By c. serrano