Vacate

2023A-08122-NPC-ROC · Registrar of Contractors · 2024-01-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Sherwin Williams Company,

COMPLAINANT,

v.

SBI Homes LLC

ROC License No. 316515,

RESPONDENT.

No. 2023A-08122-NPC-ROC

ORDER VACATING

HEARING

On August 30, 2023, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter before the Office of Administrative Hearings on October 10, 2023, at 9:00 a.m.

On September 06, 2023, Respondent submitted a Motion to Continue to OAH, which was granted on September 06, 2023, via the issuance of a Minute Entry – Granting Continuance which reset the matter for continued hearing on November 03, 2023, at 9:00 a.m.

On October 30, 2023, Complainant submitted a Motion to Continue to OAH, which was granted on November 01, 2023, via the issuance of a Minute Entry – Granting Continuance that set the matter for a Status Update due on or before January 03, 2024. The Order noted, in pertinent part, as follows:

Failure to timely submit a Status Update may result in the matter being vacated from OAH’s calendar and remanded to the referring agency for further action, if any, pursuant to Ariz. Admin. Code R2-19-111(4).

(All emphasis in original.)

To date, a Status Update has not been filed by or on behalf of Complainant with OAH. Therefore,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-111(3), that this matter is hereby vacated from OAH’s calendar, without prejudice.

IT IS FURTHER ORDERED that this matter is remanded to the Registrar for further action, if any.

Done this day, January 08, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

SBI Homes LLC, Respondent

156 Fairway Dr.

Williams, AZ 86046

[email redacted]

James B. Reed, Esq.

Udall Shumway, Counsel for Complainant

1138 N. Alma School Rd., Ste. 101

Mesa, AZ 85201

[email redacted]

By: OAH Staff