PDF copy: ORDER

2023A-01712-CHC-ROC · Registrar of Contractors · 2023-09-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael Sasse , No. 2023A-01712-CHC-ROC

COMPLAINANT ORDER v.

R.P.W. Creative Contracting LLC License No. ROC 334678,

RESPONDENT

Complainant’s Motion to Exclude Testimony of Additional Witness Pursuant to A.A.C. R4-19-118 Due to Untimely Disclosure is granted. On August 23, 2023, R.P.W. Creative Contracting LLC (Respondent), filed a Prehearing Disclosure Statement for the purpose of adding a new testifying witness. Respondent expected their witness to testify to the following: [Witness] will testify regarding Respondent’s performance, the scope of the project, he installation of the cabinets throughout the project, the purchased materials, discussions with Complainant, and general matters related to the appropriateness of the cabinet installation, including the process used and to refute claims of improper installation requiring another contractor to complete the work performed related thereto.

Respondent then acknowledged their failure to timely disclose a witness may result in an order said witness may not be used at the hearing, pursuant to A.A.C. R4-9- 118. Respondent’s failure to timely submit the witness disclosure was not supported by good cause. Complainant’s Motion to Exclude Testimony of Additional Witness is granted.

Done this day, September 1, 2023.

/s/ Brian Del Vecchio Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 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 Sasse [email redacted] Brandon Smith [email redacted] Ellen B. Davis HENZE COOK MURPHY, PLLC [email redacted] [email redacted] W. Pierce Sargeant IV, Esq [email redacted] By: OAH Staff