ORDER

2023A-00561-CHC-ROC · Registrar of Contractors · 2023-09-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael Diver ,

COMPLAINANT

v.

Opal Builder, LLC

License No. ROC 333656,

RESPONDENT

No. 2023A-00561-CHC-ROC

ORDER

As the parties rightly identified, the limiting factor in an administrative proceeding is relevance. Complainant correctly states that Respondent was cited for both workmanship and abandonment issues by the Registrar of Contactors. The information requested is probative of both issues. Complainant correctly identifies the information sought could lead to evidence concerning Respondent’s efforts on the Project to date. Complainant request for an order directing Respondent to provide the requested documents is denied. Complainant shall submit a subpoena pursuant to A.A.C. §R2-19-113.

IT IS ORDERED, Complainant shall submit a subpoena following the designated procedure and form outlined on the Office of Administrative Hearings’ website.

Done this day, September 5, 2023.

/s/ Brian Del Vecchio

Administrative Law Judge

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

Martín Quezada

Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Michael Diver

[email redacted]

David Fagerburg

[email redacted]

Opal Builder, LLC

[email redacted]

Michael Charles Brown

Lewis Roca Rothgerber Christie LLP

[email redacted]

Tim Ray

Schern Richardson Finter

[email redacted]

[email redacted]

By: OAH Staff