Vacate

2022A-10146-CHC-ROC · Registrar of Contractors · 2023-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Matthew Elliott,

COMPLAINANT,

v.

Landsea Construction Arizona Inc.,

ROC License No. 324050,

RESPONDENT.

No. 2022A-10146-CHC-ROC

ORDER VACATING

HEARING

On April 13, 2023, the Arizona Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on May 23, 2023.

On April 19, 2023, and again on May 31, 2023, the matter was continued per the parties’ request.

On July 31, 2023, the Office of Administrative Hearings (“OAH”) received a Stipulated Motion to Continue the above-captioned matter from the parties.

On August 01, 2023, OAH issued a Minute Entry – Granting Continuance granting the parties’ request, which included the following, in pertinent part:

On or before this date Complainant shall submit one of the following motions to the Office of Administrative Hearings (“OAH”):

(1) Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing;

(2) Inform the tribunal that the parties need additional time to resolve the matter by submitting a Motion to Continue and reset for Status by 30-days, 45-days, or 60-days, or

(3) Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be Set for Hearing.

Failure to timely submit a Status Update may result in the matter being vacated from OAH’s calendar and remanded to the referring agency for further action, if any, pursuant to Ariz. Admin. Code R2-19-111(4).

(All emphasis in original.)

As of today’s date, no Status Update has been received by or on behalf of Complainant. Therefore,

IT IS ORDERED pursuant to Ariz. Admin. Code R2-19-111(4) that this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any.

Done this day, October 05, 2023.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

c/o David Fagerburg, Investigator

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Rosary A. Hernandez, Esq.

Katelyn E. Towe, Esq.

Burch & Cracchiolo, P.A., Counsel for Respondent

1850 N. Central Ave. # 1700

Phoenix, AZ 85004

[email redacted]

Mark Molique, Esq.

Molique Law PLLC, Counsel for Complainant

11111 N. Scottsdale Rd., Ste. 205R

Scottsdale, AZ 85254

[email redacted]

By: OAH Staff