Vacate

2024A-09549-NPC-ROC · Registrar of Contractors · 2025-02-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

T Lam Builders Inc.,

COMPLAINANT,

v.

CNL DEVELOPMENT, LLC

ROC License No. 342751,

RESPONDENT.

No. 2024A-09549-NPC-ROC

ORDER VACATING HEARING

On November 21, 2024, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter which set an administrative hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, at 10:30 a.m. on December 30, 2024, to determine whether grounds existed for the Registrar to take disciplinary action against Respondent’s contracting license based on alleged violation(s) of Ariz. Rev. Stat. § 32-1154(A)(10).

On December 30, 2024, at the time scheduled for hearing, Complainant submitted a joint Motion to Continue. As a result, by that same date, OAH issued a Minute Entry – Granting Continuance that scheduled a Status Update of the matter for February 13, 2025. The order contained the following advisement:

On or before this date the parties shall submit one of the following Stipulated 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.

On February 17, 2025, OAH issued correspondence to the parties to advise that a Status Update had not been received, and that if the parties failed to comply by the following day, February 18, 2025, the day the matter would be dismissed. Correspondence was not returned as undeliverable to either party.

To date, the parties have failed to comply with OAH’s December 30, 2024, Order. A Status Update has not been received in the matter. Therefore,

IT IS ORDERED that pursuant to Ariz. Admin. Code R2-19-111(4) this matter is hereby vacated from OAH’s calendar without prejudice.

IT IS FURTHER ORDERED that Complaint No. 2024-09549 is remanded to the referring agency for further closure.

Done this day, February 19, 2025.

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]

CNL Development, LLC, Respondent

c/o Larry Job

3575 E. Lawndale Pl.

Queen Creek, AZ 85142

[email redacted]

T Lam Builders Inc., Complainant

c/o Lori Beverick

2351 W. Poinsettia Dr.

Phoenix, AZ 85029-3430

[email redacted]

By: OAH Staff