Vacate
2023A-11094-CHC-ROC · Registrar of Contractors · 2025-02-19
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Alejandro Gonzales,
COMPLAINANT,
v.
D R H Tucson Construction Inc.
ROC License No. 124600,
RESPONDENT.
No. 2023A-11094-CHC-ROC
ORDER VACATING HEARING
On February 24, 2024, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter which set an administrative hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, at 9:00 a.m. on April 09, 2024, to determine whether grounds existed for the Registrar to take disciplinary action against Respondent’s contracting license based on alleged violations of Ariz. Rev. Stat. §§ 32-1154(A)(3) and (A)(22).
On March 29, 2024, the parties submitted a joint Motion to Continue.
On April 02, 2024, OAH issued a Minute Entry – Granting Continuance that reset the matter for hearing at 9:00 a.m. on August 13, 2024. Correspondence was not returned as undeliverable to either party.
On August 06, 2024, the parties submitted a second joint Motion to Continue.
On August 08 2024, OAH issued a Minute Entry – Granting Continuance that reset the matter for hearing at 1:00 p.m. on October 17, 2024. Correspondence was not returned as undeliverable to either party.
On October 14, 2024, the parties submitted a second joint Motion to Continue.
On October 15, 2024, OAH issued a Minute Entry – Granting Continuance that scheduled a Status Update for November 15, 2024. Correspondence was not returned as undeliverable to either party.
On November 18, 2024, OAH issued correspondence to the parties to advise that a Status Update had not been received, and that if the parties failed to comply by before the end of the day the matter would be dismissed. Correspondence was not returned as undeliverable to either party.
On November 18, 2024, the parties submitted a Notice of Tentative Settlement and Joint Stipulation to Continue Hearing whereby they requested sixty (60) days to allow settlement of their dispute.
On November 18, 2024, OAH issued a Minute Entry – Granting Continuance that scheduled a Status Update for February 18, 2025. The order contained the following advisement:
On or before this date the parties shall submit one of the following Stipulated Motions to the Office of Administrative Hearings (“OAH”):
(1) Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing, or
(2) Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be Set for Hearing.
No further continuance shall be granted in this matter absent a prima facie showing of exigency. 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).
(Emphasis in original.)
Correspondence was not returned as undeliverable to either party.
To date, the parties have failed to comply with OAH’s November 18, 2024, Order. A Status Update has not been received in the matter. Therefore,
IT IS ORDERED that pursuant to Ariz. Admin. Code R2-19-111(4) this matter is hereby vacated from OAH’s calendar without prejudice.
IT IS FURTHER ORDERED that Complaint No. 2023-11094 is remanded to the referring agency for further closure.
Done this day, February 20, 2025.
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]
Rosary A. Hernandez, Esq.,
Katelyn E. Towe, Esq.
Burch & Cracchiolo, P.A., Counsel for Respondent
1850 N. Central Ave., Ste. 1700
Phoenix, AZ 85004
[email redacted]
[email redacted]
Alejandro Gonzales, Complainant
15847 S. Old Joyce Pl.
Sahuarita, AZ 85629
[email redacted]
[email redacted]
By: OAH Staff