PDF copy: Vacate

2021A-06128-CHC-ROC · Registrar of Contractors · 2022-05-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Christopher Milovich, No. 2021A-06128-CHC-ROC COMPLAINANT, ORDER VACATING v. HEARING

Shearer Development LLC ROC License No. 289964, RESPONDENT.

HEARING: April 29, 2022 at 9:00 AM.

APPEARANCES: Christopher Milovich (“Complainant”) appeared on his own

behalf. John Smith appeared on behalf of the Arizona Registrar of Contractors

(“Registrar”). Clinton Shearer appeared on behalf of Shearer Development LLC

(“Respondent”). ADMINISTRATIVE LAW JUDGE: Jenna Clark. _____________________________________________________________________ 1. On March 17, 2022, the Registrar issued a NOTICE OF HEARING ON CONTESTED CASE (“NOTICE”) setting the above-captioned matter for hearing on April 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. 2. On April 22, 2022, OAH received a MOTION TO CONTINUE from Respondent. The motion was denied. 3. On April 29, 2022, the parties participated in a hearing whereby both were afforded a full and fair opportunity to present their evidence on the record, and cross- examine evidence presented by their adversaries. After the record was closed, each party was afforded an opportunity to provide a closing argument, and provided procedural information from the undersigned prior to adjournment.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 4. On May 04, 2022, OAH received a Settlement Agreement from the parties and a Stipulated MOTION TO VACATE. OAH accepts the parties Settlement Agreement, and grants the parties motion to vacate the underlying hearing. Therefore, IT IS ORDERED, pursuant to ARIZ. ADMIN. CODE R2-19-111(1), this matter is hereby vacated from OAH’s calendar, with prejudice. IT IS FURTHER ORDERED that no ADMINISTRATIVE LAW JUDGE DECISION shall be issued as a result of the hearing convened in the above-captioned matter. Done this day, May 05, 2022.

Office of Administrative Hearings

/s/ Jenna Clark Administrative Law Judge

Copy mailed/e-mailed/faxed May 05, 2022 to:

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted]

Shearer Development LLC, Respondent 3082 N Lear Ave Casa Grande, AZ 85122 [email redacted]

Christopher Milovich, Complainant 287 W Auburn Sky Ct Casa Grande, AZ 85122 [email redacted] By c. serrano

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826