Minute Entry - Document Reject

2023A-12133-NPC-ROC · Registrar of Contractors · 2025-02-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

R & C Development LLC,

COMPLAINANT,

v.

Western Pine Development Inc.

License No. ROC 065104,

RESPONDENT.

No. 2023A-12133-NPC-ROC

Minute Entry

In or around October 2023, the Arizona Registrar of Contractors (“Registrar”) received a complaint from Complainant alleging nonpayment of services and/or materials against Respondent. The Registrar designated it Complaint No. 2023-12133.

On October 31, 2023, the Registrar issued a Notice of No Pay Complaint letter to Respondent providing notice of Complainant’s complaint.

On November 21, 2023, the Registrar issued a Citation to Respondent for an alleged violation of Ariz. Rev. Stat § 32-1154(A)(10).

On November 28, 2023, the Registrar received Respondent’s timely Answer.

On November 29, 2023, this matter was referred to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on January 19, 2024, to determine whether the Registrar had cause to discipline Respondent’s contracting license based on an alleged violation of Ariz. Rev. Stat § 32-1154(A)(10).

After a brief continuance of proceedings, on March 15, 2024, August 26, 2024, and October 25, 2024, the undersigned held an administrative hearing on the above-referenced issue involving the parties and rendered a Recommended Order to the Director of the Registrar on December 18, 2024, which ultimately held Complainant failed to establish Respondent’s alleged statutory violation by the requisite burden of proof, and thusly failed to establish cause for the Registrar to discipline ROC License No. 065104.

On January 13, 2025, the Registrar’s legal department issued a Final Administrative Decision and Order (“Final Order”) to the parties accepting the undersigned’s Recommended Order, effective February 23, 2025.

On February 27, 2025, OAH received a document, Respondent Western Pine’s Response to Complainant’s Motion for Rehearing, allegedly assigned to ALJ Moses-Thompson.

In light of the foregoing, as there is no rehearing docket number related to the above-captioned matter currently pending before OAH, and noting OAH is not in receipt of Complainant’s alleged Motion for Rehearing regarding these proceedings,

IT IS ORDERED that Respondent’s motion is rejected, as improperly filed before OAH. No action may be taken on the matter by the Tribunal, as it has ceased jurisdiction over the matter on December 18, 2024.

IT IS FURTHER ORDERED that Respondent’s motion will be retained in docket number 2023A-12133-NPC-ROC, but should not be responded to by any party.

Done this day, February 27, 2025.

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]

Ryan Sandstrom, Esq.

Taylor Barlow, Esq.

Copper Canyon Law, LLC, Counsel for Respondent

43 E. 1st Ave.

Mesa, AZ 85210

[email redacted]

[email redacted]

Ryan D. Bailey, Esq.

Stone Canyon Law, PLLC, Counsel for Complainant

502 S. College Ave., Ste. 205

Tempe, AZ 85281

[email redacted]

By: OAH Staff