Vacate
2021A-06128-CHC-ROC · Registrar of Contractors · 2022-05-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Christopher Milovich,
COMPLAINANT,
v.
Shearer Development LLC
ROC License No. 289964,
RESPONDENT.
No. 2021A-06128-CHC-ROC
ORDER VACATING
HEARING
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.
_____________________________________________________________________
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.
On April 22, 2022, OAH received a Motion to Continue from Respondent. The motion was denied.
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.
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