ORDER

2023A-13181-CHC-ROC · Registrar of Contractors · 2024-06-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ryan McMahon,

COMPLAINANT

v.

Pima Ventures LLC

License No. ROC 291256,

RESPONDENT

No. 2023A-13181-CHC-ROC

No. 2023A-13800-CHC-ROC

ORDER

Pending before the Office of Administrative Hearings is Complainant Ryan McMahon’s Objection to the Respondent’s Motion to Continue (Objection), which was previously granted. In the Objection, Complainant asserted that Respondent Pima Ventures LLC intentionally misled the tribunal by stating that the “parties” were requesting a continuance of the hearing in this matter, however, Complainant did not consent to the same.

In its Reply to Motion to Continue Hearing on Contested Case (Reply), Respondent asserted the Motion to Continue was not misleading in its use of the word “parties” because “[t]here are more necessary parties involved in the planning and attendance of the hearing than just Complainant; it was to these parties the Motion referred.”

In this matter, the “parties” are Complainant Ryan McMahon and Respondent Pima Ventures LLC. While there may be other individuals who plan to attend the hearing or whom the parties deem to be necessary for the presentation of their case, those individuals are not “parties” to the matter. To represent to the tribunal in a Motion to Continue that the “parties” request the hearing be continued is to represent that Complainant and Respondent agreed the hearing should be continued, and that is, in fact, how the undersigned Administrative Law Judge interpreted the Motion to Continue.

Based on the facts underlying the Motion to Continue, the Administrative Law Judge would have found good cause existed for the request to continue the hearing, so the misrepresentation that the “parties” were requesting the continuance was unnecessary.

IT IS ORDERED the hearing remains scheduled to convene at 9:00 a.m. on August 14, 2024, via Google Meet using the following information to connect:

Meeting ID

meet.google.com/dsy-uxqz-hri

Phone Number

302-440-5035

PIN: 913 963 084#

Done this day, June 7, 2024.

/s/ Tammy L. Eigenheer

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 Street, Suite 105

Phoenix, AZ 85007

[email redacted]

John Smith

[email redacted]

D. Rob Burris

BURRIS & MACOMBER, PLLC

[email redacted]

Bradley S Shelts

Joshua P. Weiss

BRUECKNER SPITLER SHELTS PLC

[email redacted]

[email redacted]

By: OAH Staff