Vacate

2023A-12590-CHC-ROC · Registrar of Contractors · 2024-09-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Curt Allen Wells,

COMPLAINANT,

v.

Frontline Consultants & Contracting LLC

ROC License No. 322829,

RESPONDENT.

No. 2023A-12590-CHC-ROC

ORDER VACATING HEARING

On February 29, 2024, the Arizona Registrar of Contractors issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter before the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on April 15, 2024. Per the Notice of Hearing, the issues to be determined are whether the Registrar has cause to discipline Respondent’s license based on the following alleged statutory violations:

Charge 1: A.R.S. § 32-1154(A)(3) – A.A.C. R4-9-108(a)

Charge 2: A.R.S. § 32-1154(A)(22)

On April 15, 2024, at the time scheduled for hearing, Complainant requested a continuance and asked for the matter to be placed in status. As such, by that same date, the Tribunal issued a Minute Entry – Granting Continuance which scheduled a Status Update on or before May 30, 2024.

On May 31, 2024, because a Status Update had not been received by Complainant, the Tribunal issued an electronic inquiry as a one-time courtesy to inquire the status of the matter. By that same date, a Stipulated Motion to Continue Status Hearing was received from the parties. As a result, later that same day, the Tribunal issued another Minute Entry – Granting Continuance to the parties which scheduled a Status Update on or before August 30, 2024, which included the following advisement:

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.)

Because a Status Update was not timely received by Complainant,

IT IS ORDERED that pursuant to Ariz. Admin. Code R2-19-111(4) this matter is hereby vacated from the calendar of the Office of Administrative Hearings, without prejudice, and is remanded to the referring agency for further action, if any.

Done this day, September 03, 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 Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Curt Allen Wells, Complainant

P.O. Box 4320

Chino Valley, AZ 86323

[email redacted]

Nicholis Faussette, Esq.

Faussette & Faussette, PLLC, Counsel for Respondent

3800 N. Central Ave., Ste. 615

Phoenix, AZ 85012

[email redacted]

Courtesy copy issued to:

Josh Butner, Esq.

Musgrove Drutz Kack & Gautreaux, PC,

1135 W. Iron Springs Rd.

Prescott, AZ 86305

[email redacted]

By: OAH Staff