Vacate

2024A-07017-CHC-ROC · Registrar of Contractors · 2026-04-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jessie Day & David Troy Sargent,

COMPLAINANTS,

Wolff Development LLC

ROC License No. 328444,

RESPONDENT.

No. 2024A-07419-CHC-ROC (ROOT)

No. 2024A-07017-CHC-ROC

ORDER OF DISMISSAL

On December 02, 2024, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in Docket No. 2024A-07419-CHC-ROC that set an administrative hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, at 9:00 a.m. on January 13, 2025, to determine whether grounds existed for the Registrar to take disciplinary action against ROC License No. 339134 for an alleged violation of Arizona Revised Statute (“Ariz. Rev. Stat.”) §§ 32-1154(A)(3); Arizona Administrative Code (“Ariz. Admin. Code”) R4-9-108(A), and 32-1154(A)(22). Correspondence was not returned as undeliverable to either party.

On December 03, 2024, the Registrar issued a related Notice of Hearing in Docket No. 2024A-07017-CHC-ROC that set an administrative hearing before the OAH at 9:00 a.m. on January 17, 2025, to determine the same issues as the aforementioned matter. Correspondence was not returned as undeliverable to either party.

On January 13, 2025, Complainants submitted a Motion to Continue that specifically asked for a three (3) month stay of proceedings, which was granted. As a result, by that same date, the Tribunal issued an Order Granting Continuance that reset the matter for hearing at 9:00 a.m. on March 14, 2025. Correspondence was not returned as undeliverable to either party.

On February 27, 2025, the parties submitted a joint Motion to Continue that specifically asked for a four to six (4-6) month stay of proceedings, which was granted. As a result, by that same date, the Tribunal issued an Order Granting Continuance that scheduled a Status Update for August 27, 2025. Correspondence was not returned as undeliverable to either party.

On August 26, 2025, the parties submitted a joint Motion to Continue & Request for Consolidation, which was granted. As a result, by that same date, the Tribunal issued an Order Granting Consolidation, Continuance & Setting Status Update that scheduled a Status Update for October 15, 2025. Correspondence was not returned as undeliverable to either party.

On October 15, 2025, the parties submitted a joint Motion to Stay Consolidated Cases that notified the Tribunal that a related civil action, Case No. S0900CV2025404, had been filed Navajo County Superior Court. As a result, on October 16, 2025, the Tribunal issued an Order Granting Stay that scheduled a Status Update for April 15, 2026. The order advised the parties as follows:

At the joint request of the parties and good cause appearing, the hearing in the above-entitled matter is continued and stayed until Wednesday, April 15, 2026. On or before this date the parties shall submit one of the following motions to the Office of Administrative Hearings (“OAH”):

(1) Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing, or

(2) Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be Set for Hearing.

No further continuance shall be granted in this matter absent a prima facie showing of exigency. Failure to timely submit a Status Update may result in the matter being vacated from OAH’s calendar and remanded to the referring agency for further action, if any, pursuant to Ariz. Admin. Code R2-19-111(4).

(Emphasis in original.)

Correspondence was not returned as undeliverable to either party.

To date, OAH has not received a Status Update from either party, individually or jointly.

In light of the foregoing,

IT IS ORDERED that the above-captioned consolidated matters are hereby vacated from OAH’s calendar pursuant to Ariz. Admin. Code R2-19-111(4) and are remanded to the referring agency for further action, if any.

IT IS FURTHER ORDERED that Complaint Nos. 2024-07419 and 2024-07017 be closed by the Registrar, without prejudice.

Done this day, April 17, 2026.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Bradley D. Weech, Esq.

Davis Miles, Counsel for Complainants

999 E. Playa del Norte Dr., Ste. 510

Tempe, AZ 85288

[email redacted]

Brian G. Di Pietro, Esq.

Brian G. Di Pietro Law, Counsel for Respondent

4015 S McClintock Dr., Ste. 101

Tempe, AZ 85282-4877

[email redacted]

By: OAH Staff