Minute Entry - FYI Advisement to Parties

2023A-04946-CHC-ROC · Registrar of Contractors · 2023-10-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Laura Sereno,

COMPLAINANT,

v.

MODERN DESIGN CABINETRY LLC,

ROC License No. 338128,

RESPONDENT.

No. 2023A-04946-CHC-ROC

Minute Entry

The undersigned Administrative Law Judge, having reviewed the Miscellaneous Motion filed by Complainant September 17, 2023, and October 09, 2023, makes the following minute entry:

Complainant petitions the Tribunal to have Alex Glade testify in the above-captioned matter. Notably, the request and/or motion is inappropriately and unnecessarily filed. Per the Notice of Hearing on Contested Case issued by the Arizona Registrar of Contractors September 07, 2023, the DISCLOSURE STATEMENT (emphasis in original) notes the following, in pertinent parts:

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C).

Nothing in the above-captioned requirement necessitates the Tribunal’s preauthorization of a party’s lay witness. As such,

IT IS ORDERED that Complainant’s motion is denied as moot.

Done this day, October 10, 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 Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Modern Design Cabinetry, LLC, Respondent

7009 W. Cherry Hills Dr.

Peoria, AZ 85345

[email redacted]

Laura Sereno, Complainant

1814 E. Harmont Dr.

Phoenix, AZ 85020

[email redacted]

By: OAH Staff