Vacate

2021A-06645-CHC-ROC · Registrar of Contractors · 2022-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Eric Reataza,

COMPLAINANT,

v.

Rubio Heating and Cooling LLC

ROC License No. 332359,

RESPONDENT.

No. 2021A-06645-CHC-ROC

ORDER VACATING

HEARING

HEARING: May 06, 2022 at 9:00 AM.

APPEARANCES: No appearance(s) by or on behalf of Eric Reataza (“Complainant”). Eron Rubio appeared on behalf of Rubio Heating and Cooling LLC (“Respondent”). No appearance(s) by or on behalf of the Arizona Registrar of Contractors (“Registrar”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

On March 09, 2022, the Registrar issued a Notice of Hearing on Contested Case (“Notice”) setting the above-captioned matter for hearing on May 06, 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 01, 2022, OAH electronically transmitted Google Meet tele/videoconference information to the parties. Correspondence was not returned as undeliverable from either party.

On April 21, 2022, OAH received a Supplemental Hearing Packet from the Registrar, containing March 29, 2022, written correspondence to the Registrar from Complainant as follows:

The complaint has been resolved by the contractor. Please vacate the hearing. Docket No. 2021A-06645-CHC-ROC.

On March 30, 2022, the Registrar provided the following advisement to Complainant:

Please contact the Office of Administrative Hearings at (602) 542-9826 and file a request to vacate the hearing. You can use the link below to file that request.

https://portal.azoah.com/oahmotion/

A Motion to Vacate was not received by OAH from Complainant in the above-captioned matter.

On May 06, 2022, although afforded a fifteen (15) minute grace period, Complainant 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 06, 2022.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed May 06, 2022 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Eric Reataza, Complainant

3720 S Nash Way

Chandler, AZ 85286

[email redacted]

Rubio Heating and Cooling LLC, Respondent

1813 N Saffron

Mesa, AZ 85205

[email redacted]

By c. serrano