Minute Entry - FYI Advisement to Parties

2024A-05534-CHC-ROC · Registrar of Contractors · 2024-10-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Melinda Miller,

COMPLAINANT,

v.

Crested Construction Company

ROC License No. 328766,

RESPONDENT.

No. 2024A-05534-CHC-ROC

Minute Entry

The undersigned Administrative Law Judge, having reviewed the document Motion to quash as filed by Complainant October 12, 2024, makes the following minute entry:

Complainant’s motion is denied as moot. On August 21, 2024, the Arizona Registrar of Contractors issued a Notice of Hearing on Contested Case which set the above-captioned matter for hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, on October 08, 2024. On October 08, 2024, prior to the time scheduled for hearing, Respondent submitted a Motion to Continue. Respondent also submitted three (3) subpoena requests; for Chaz East, Marcus Baumann, and Rebecca Hames. Each subpoena listed October 08, 2024, as the date of hearing. Although Respondent failed to appear at the time scheduled for hearing, the Tribunal nonetheless granted the motion. In doing so, by that same date, the Tribunal issued an Order Granting Continuance that specifically advised Respondent that each of the aforementioned subpoena requests were denied as moot. Thus, Complainant’s Motion to Quash cannot be granted, as the subpoenas at issue were already denied. Notably, the Tribunal cannot presuppose Respondent’s future filings/motions/requests and deny them.

Done this day, October 15, 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 Daniel Otero, Investigator

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Crested Construction Company, Respondent

c/o Thomas Brennan, Agent

116 N. Quail Trail #202

Cottonwood, AZ 86326

[email redacted]

Melinda Miller, Complainant

3661 E. Comanche Dr.

Cottonwood, AZ 86326

[email redacted]

By: OAH Staff