Vacate

2022A-08961-NPC-ROC · Registrar of Contractors · 2023-01-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sunstate Equipment Co., LLC,

COMPLAINANT,

v.

KYBA Building Group LLC

ROC License No. 298917,

RESPONDENT.

No. 2022A-08961-NPC-ROC

ORDER VACATING

HEARING

HEARING: January 04, 2023 at 9:00 AM.

APPEARANCES: No appearance(s) by or on behalf of Sunstate Equipment Co. LLC (“Complainant”). No appearance(s) by or on behalf of KYBA Building Group LLC (“Respondent”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

On or about November 29, 2022, the Arizona Registrar of Contractors (“Registrar”) Administration issued a Notice of Hearing on Contested Case (“Notice of Hearing”) setting the above-captioned matter for hearing on January 04, 2023, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice of Hearing provided, in pertinent part, as follows:

Google Meet. A link will be provided directly from the Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

(Emphasis in original.)

Correspondence was not returned as undeliverable from either party.

On December 07, 2022, OAH issued a Hearing Order to the parties that contained teleconference and videoconference participation information for the above-captioned matter. Correspondence was not returned as undeliverable from either party.

On December 16, 2022, OAH received proposed exhibits and a Prehearing Memorandum from Complainant’s counsel.

On December 27, 2022, OAH received a Motion to Continue from Respondent. That same date, Complainant was instructed to respond to the motion in writing no later than December 30, 2022. Complainant failed to comply.

On January 04, 2023, although afforded a 15-minute grace period, there was no appearance by or on behalf of Complainant. No written request was received by or on behalf of Complainant for Complainant to appear in-person, nor was there an in-person appearance by Complainant. No written request to continue was received by or on behalf of Complainant either. As such, Complainant was deemed to have defaulted its appearance.

There is no Settlement Order on file for this case at OAH.

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, January 04, 2023.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed January 04, 2023 to:

Jeffrey Fleetham, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

KYBA Building Group LLC, Respondent

727 E Portland St. Apt. 22

Phoenix, AZ 85006

[email redacted]

Sunstate Equipment Co., LLC, Complainant

5552 E Washington St.

Phoenix, AZ 85034

[email redacted]

Edward J. Marko, Esq., Counsel for Complainant

14820 N Cave Creek Rd., Ste. 6

Phoenix, AZ 85032

[email redacted]

By c. serrano