Vacate

2024A-00469-CHC-ROC · Registrar of Contractors · 2024-07-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

DONALD PAUL STEWART,

COMPLAINANT,

v.

Desert Edge Construction and Renovations

LLC

ROC License No. 337533,

RESPONDENT.

No. 2024A-00469-CHC-ROC

ORDER VACATING

HEARING

On May 22, 2024, the Arizona Registrar of Contractors issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter which set a hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, at 1:00 p.m. on July 02, 2024. The Notice of Hearing noted, in pertinent part, as follows:

Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

(Emphasis in original.)

Correspondence was not returned as undeliverable to Complainant.

On June 07, 2024, OAH issued a Hearing Order to the parties that provided remote participation information, including a videoconference web link and teleconference phone number and pin. Correspondence was not returned as undeliverable to Complainant.

On July 02, 2024, at the time scheduled for hearing, although afforded a fifteen (15) minute grace period, there was no appearance by or on behalf of Complainant. Complainant failed to appear.

To date, there has been no correspondence received by OAH on behalf of Complainant to provide notice of unavailability, appear via alternative means, or continue.

No settlement is on file for this matter at OAH.

Because Complainant failed to appear without establishing good cause, it must be concluded that Complainant defaulted their appearance. Therefore,

It is ordered pursuant to Ariz. Admin. Code R2-19-111(4) and R2-19-117 that this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any.

Done this day, July 05, 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]

Desert Edge Construction and Renovations LLC, Respondent

419 N. Miller Ln.

Saint David, AZ 85630

[email redacted]

Donald Paul Stewart, Complainant

2762 W. Woodrow Way

Saint David, AZ 85630

[email redacted]

By: OAH Staff