PDF copy: Vacate

2023A-04064-CHC-ROC · Registrar of Contractors · 2023-11-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Brendon Cothrun, No. 2023A-04064-CHC-ROC

COMPLAINANT, ORDER VACATING HEARING v.

Liberty Landscapes, LLC License No. ROC 318035,

RESPONDENT.

On October 25, 2023, at 9:00 a.m., the hearing in the above-captioned matter convened. Brendon Cothrun (“Complainant”) appeared on his own behalf. Paul Levine, Esq. represented Liberty Landscapes, LLC (“Respondent”). Noel Ortiz was present on behalf of Respondent. Arizona Registrar of Contractors (“Registrar”) Investigator Robert Di Alto appeared as a witness. The parties presented opening statements. Investigator Di Alto provided his testimony. It was ascertained during the course of Investigator Di Alto’s testimony that he inadvertently pencil cited A.R.S. § 32-1154(A)(3) – A.A.C. R4-9-109, which concerns “Name of Licensee or Applicant,” rather than citing Respondent for a violation of A.A.C. R4-9-108, which concerns “Workmanship Standards.” Investigator Di Alto testified that Respondent did not violate A.R.S. § 32-1154(A)(3) – A.A.C. R4-9-109. Because Respondent was not charged with a violation of the Registrar’s workmanship standards, any alleged deficiencies in Respondent’s workmanship were outside the scope of the administrative hearing due to the fact that Respondent was not properly noticed that such would be the subject of the administrative hearing. Consequently, the only charged violation that was within the scope of the hearing was A.R.S. § 32-1154(A)(22). During Complainant’s testimony, he wanted to address workmanship deficiencies, which were outside the scope of the hearing. Respondent’s counsel made a motion to dismiss the charge of A.R.S. § 32- 1154(A)(3) – A.A.C. R4-9-109. Complainant’s response to the motion was a request to dismiss the entire filed Complaint so that he could file a new complaint incorporating all

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 of Respondent’s alleged workmanship deficiencies, resulting in a new inspection and appropriately charged violations of the State’s contracting laws. In light of Complainant’s request, IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Registrar for further action. Done this day, November 8, 2023. /s/ Sondra J. Vanella Administrative Law Judge Copy mailed/e-mailed/faxed to: Tom Cole, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted]

Brendon Cothrun 7910 E. Chama Rd. Scottsdale, AZ 85255 [email redacted] Liberty Landscapes, LLC 39506 N. Daisy Mountain Dr., Ste. 131 Phoenix, AZ 85086 [email redacted] Paul M. Levine, Esq. PAUL M. LEVINE, P.C. 8502 E. Via De Ventura, Ste. 200 Scottsdale, AZ 85258-3240 [email redacted] Robert Di Alto, Investigator [email redacted] By

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826