ORDER

2024A-06636-CHC-ROC · Registrar of Contractors · 2025-04-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Mary Lohr,

COMPLAINANT

v.

Intelligent Design Air Conditioning And

Heating Inc

License No. ROC 346980, 322375, 296386, 276673,

RESPONDENT.

No. 2024A-06636-CHC-ROC

ORDER

On April 24, 2025, Respondent requested a continuance of the hearing set for April 30, 2025, and requested an Order requiring Complainant to allow Respondent and Respondent’s counsel onto Complainant’s property.

This is Respondent’s third request for a continuance. For the first two requests, Respondent demonstrated good cause. In this third request, Respondent wants more time to conduct its own investigation into the facts as they exist today, which is not good cause under the circumstances.

Respondent has been aware of the relevant issues since at least June 2024, when Investigator Smith issued his notice of jobsite inspection and notified Respondent of the complaint. Respondent had the right to be present at the jobsite inspection, the right to access the property during the directive period, and the right to attend a compliance inspection. After that time, Complainant is not required to allow Respondent onto the propery.

Furthermore, A.A.C. R2-19-106(C) requires motions to be filed at least 15 days before the hearing unless good cause is shown. Respondent did not demonstrate good cause for the untimely motion. Notably, this request is fundamentally untimely as a matter of fact gathering: the Notice of Hearing was issued on January 9, 2025, and Respondent waited until April 24, 2025, to make the request to access the property to investigate—Complainant was not required to maintain the property in the condition in which Respondent left it after the directive period. Respondent’s argument that it would experience undue prejudice under these circumstances is unpersuasive.

IT IS ORDERED the motion for continuance is denied.

IT IS ORDERED the motion for an order to allow Respondent access to Complainant’s property is denied.

IT IS ORDERED that if Respondent performed corrective work on the property with the consent of Complainant after the compliance inspection, the parties shall notify Investigator Smith, and he shall inspect the property prior to the hearing on April 30, 2025.

IT IS ORDERED that if Complainant agrees to a continuance, which she is not required to do, the continuance will be granted.

Done this day, April 25, 2025.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

[email redacted]

John Smith

[email redacted]

Mary Lohr

[email redacted]

Justin D. Castillo, Esq.

BREI LAW FIRM

[email redacted]

By: OAH Staff