Minute Entry - FYI Advisement to Parties

2024A-00070-CHC-ROC · Registrar of Contractors · 2024-09-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Interior Motives Inc.,

COMPLAINANT,

v.

DW Acquisition Inc. dba Door Works,

License No. ROC 268466,

RESPONDENT.

No. 2024A-00070-CHC-ROC

Minute Entry Denying Motion

On September 6, 2024, Respondent requested the Tribunal to dismiss the “charges/claim,” i.e., the ROC charges/Complainant’s claim, due to the failure of Complainant to have filed its pre-hearing disclosure as required in A.A.C. R4-9-118(A) and (B).

A.A.C. R4-9-118(C)(1) allows the Tribunal discretion in such circumstances. However, A.A.C. R4-9-118(C)(2) also provides that “nothing in this Rule prohibits the administrative law judge from considering anything contained in the administrative record.”

In every case in which a complainant or a respondent fails to provide the prehearing disclosure, the Administrative Law Judge may consider the administrative record, which consists of the Notice of Hearing and background documents provided by the ROC to the Tribunal for purposes of the hearing.

Therefore, in this matter, the undersigned makes the following Minute Entry:

The Administrative Law Judge declines to dismiss the “charges/claim” at issue in this matter. The hearing remains scheduled for September 10, 2024 at 9:00 a.m.

Done this day, September 6, 2024.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Tom Cole

Director

Registrar of Contractors

Legal Department

[email redacted]

Robert Di alto

ROC Investigator

[email redacted]

Interior Motives Inc.

[email redacted]

Michael D. Curran

MAYNARD CRONIN ERICKSON CURRAN & REITER, P.L.C.

[email redacted]

[email redacted]

By: OAH Staff