ORDER

2023A-10079-CHC-ROC · Registrar of Contractors · 2024-05-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jonathan S. Perry,

COMPLAINANT,

v.

517 Properties LLC

dba Applied Minds Architectural Builders,

ROC License No. 323200,

RESPONDENT.

No. 2023A-10079-CHC-ROC

ORDER

On April 09, 2024, the Arizona Registrar of Contractors issued a Notice of Hearing on Contested Case (“Notice of Hearing”) which scheduled an administrative evidentiary hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, on May 28, 2024. The Notice of Hearing provides the following, in pertinent part:

The hearing is set for:

* * *

Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

* * *

HEARING PROCEDURES AND RULES

The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person.

(Emphasis in original.)

Correspondence was not returned as undeliverable to either party.

On May 02, 2024, OAH issued a Hearing Order to the parties which provided the above-referenced remote participation Google Meet teleconference and videoconference information. (See courtesy copy attached.) Correspondence was not returned as undeliverable to either party.

On Saturday, May 18, 2024, Respondent submitted a Motion for Telephonic Appearance(s) of its witnesses.

On Saturday, May 18, 2024, Respondent also submitted a Request for Prehearing Conference "prior to the May 28, 2024 hearing in this matter.”

In light of the foregoing, the Tribunal issues the following:

IT IS ORDERED that Respondent’s motion for telephonic appearance(s) is denied as moot.

IT IS FURTHER ORDERED that Respondent’s prehearing conference request is denied as untimely and without good cause pursuant to Ariz. Admin. Code R2-19-106(C).

Done this day, May 20, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Tom Cole, Director

c/o Mark Nipp, Investigator

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

517 Properties LLC, Respondent

dba Applied Minds Architectural Builders

2435 E. Libby St.

Phoenix, AZ 85032

[email redacted]

Christopher Goodman Esq., Counsel for Respondent

6263 N. Scottsdale Rd., Ste. 320

Scottsdale, AZ 85250

[email redacted]

Jonathan S. Perry, Complainant

6333 N. Scottsdale Rd. Ste. 17

Scottsdale, AZ 85250

[email redacted]

Maci R. Burke, Esq., Counsel for Complainant

6720 N. Scottsdale Rd.

Scottsdale, AZ 85253

[email redacted]

By: OAH Staff