Minute Entry - FYI Advisement to Parties

2024A-09017-CHC-ROC · Registrar of Contractors · 2024-12-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Katy Horgan,

COMPLAINANT,

v.

Sun Valley General Contractors LLC

345270License No. ROC,

RESPONDENT.

No. 2024A-09017-CHC-ROC

Minute Entry

The undersigned Administrative Law Judge, having reviewed the document Motion to Continue Hearing as filed on behalf of Respondent November 27, 2024, makes the following minute entry:

On October 28, 2024, the Arizona Registrar off Contractors issued a Notice of Hearing on Contested Case (“Notice of Hearing”) which set an administrative hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, for December 05, 2024. Per the Notice of Hearing, both parties were advised that they “[M]ay choose to be represented by an attorney” pursuant to Ariz. Rev. Stat. § 41-1092.07(B), and further advised that “At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with [OAH].”

On November 27, 2024, Counsel for Respondent submitted a Notice of Appearance to OAH, along with the motion at issue, but failed to submit a disclosure on behalf of Respondent. Notably, Counsel’s basis for the continuance, a conflict with a hearing scheduled for OAH Docket No. 2022A-10871-RFA-LS-ROC, is a matter that is also assigned to the undersigned. The Notice of Hearing in that matter was issued October 18, 2024. Counsel submitted his Notice of Appearance for that case on November 27, 2024.

On December 02, 2024, Complainant submitted an Objection to Respondent’s motion.

Accepting clients with scheduled matters on or about the same date, does not establish exigency of any kind. Additionally, Ariz. Rev. Stat. § 41-1092.07(B) gives litigants the right to retain an attorney, not the right to be represented by a specific attorney.

Therefore, based on the foregoing,

IT IS ORDERED pursuant to Ariz. Admin. Code R2-19-106(C) and R2-19-119(B)(3) that Respondent’s motion is denied, as untimely and without good cause.

Done this day, December 02, 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]

[email redacted]

Katy Horgan, Complainant

1907 W. Holly St.

Phoenix, AZ 85009

[email redacted]

Sun Valley General Contractors LLC, Respondent

2390 E. Camelback Rd., Ste. 130

Phoenix, AZ 85016

[email redacted]

Mark G. Saric, Esq.

Resolvere Law, PLLC, Counsel for Respondent

3101 N. Central Ave., Ste. 850

Phoenix, AZ 85012

[email redacted]

[email redacted]

By: OAH Staff