ORDER

2024A-05007-CHC-ROC · Registrar of Contractors · 2025-08-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Lindsey Mercier,

COMPLAINANT,

v.

D R H Tucson Construction Inc.

License No. ROC 124600,

RESPONDENT.

No. 2024A-05007-CHC-ROC

ORDER

On July 03, 2025, the Tribunal issued an Order Granting Continuance in the above-captioned matter that scheduled a Status Update for Friday, September 12, 2025. Specifically, the order directed parties to either submit a Motion to Vacate, or request that the matter be placed back on the Tribunal’s hearing docket by the noted deadline.

On August 19, 2025, Respondent submitted a Status Update and Request for Inspection which requests, in pertinent part, that the Tribunal “order that the AROC conduct a compliance inspection at Complainant’s Home to confirm completion of all directive items.” [sic] No indication was provided to illustrate whether Respondent submitted a direct request to referring agency, and if so, whether said request was denied and on what grounds. So too did Respondent fail to cite a single statute, rule, regulation, policy, and/or precedent that grants the Tribunal authority to compel a state agency, or its employees, to act in the manner requested. Therefore, because the Tribunal lacks the authority and jurisdiction to grant Respondent’s request,

IT IS ORDERED that Respondent’s request is denied.

IT IS FURTHER ORDERED that Respondent appropriately submit its Request for Inspection directly to the Arizona Registrar of Contractors.

IT IS FURTHER ORDERED that the pending Status Update in this matter remain unchanged, and due on September 12, 2025.

Done this day, August 20, 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]

[email redacted]

Kenneth Januszewski, Esq.

Katelyn E. Towe, Esq.

Burch & Cracchiolo, PA, Counsel for Respondent

1850 N. Central Ave. Ste., 1700

Phoenix, AZ 85004

[email redacted]

[email redacted]

D R H Tucson Construction Inc., Respondent

6875 N. Oracle Road, Ste. 125

Tucson, AZ 85704

[email redacted]

Lindsey Mercier, Complainant

13241 N. Carbine Cir.

Marana, AZ 85653

[email redacted]

By: OAH Staff