Vacate

2022A-10953-RFA-LS-ROC · Registrar of Contractors · 2023-04-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jeffrey and Angela Aspito,

COMPLAINANTS,

v.

Outdoor Luxury Living Inc.,

ROC License Nos. 325258 & 325501,

RESPONDENT

No. 2022A-10953-RFA-LS-ROC

ORDER VACATING

HEARING

HEARING: April 19, 2023 at 9:00 AM.

APPEARANCES: No appearance(s) by or on behalf of Jeffrey and Angela Aspito (“Complainants”). No appearance(s) by or on behalf of Outdoor Luxury Living Inc. (“Respondent”) Assistant Attorney General Seth Hargraves, Esq. appeared on behalf of the Arizona Registrar of Contractors (“Registrar”) with Katelyn Rolling as a witness. Wesley Cox and Kenneth Ruffins observed.

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

On February 28, 2023, the Registrar issued a Notice of Hearing on Appealable Agency Action (“Notice”) setting the above-captioned matter for hearing on April 19, 2023, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice provided, in pertinent part, as follows:

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 March 15, 2023, the undersigned issued a Hearing Order to the parties that contained remote teleconference and videoconference participation information to the parties. Correspondence was not returned as undeliverable from either party.

On April 03, 2023, OAH received proposed exhibits marked as 1-7 from the Registrar.

On April 19, 2023, although afforded fifteen minutes, Complainants did not appear for the hearing. No written request to appear via alternative means or continue the matter was received by or on behalf of Complainants. Complainants are deemed to have defaulted their 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, April 19, 2023.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Martín Quezada, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Office of the Attorney General

2005 N. Central Ave.

Phoenix, AZ 85004

[email redacted]

Outdoor Luxury Living Inc., Respondent

6615 E. Preston St.

Mesa, AZ 85215

[email redacted]

Jeffrey and Angela Aspito, Complainants

719 S. Buckskin Ter.

Gilbert, AZ 85296

[email redacted]

By OAH Staff