Minute Entry Continuance

2024A-10337-CHC-ROC · Registrar of Contractors · 2025-05-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

John Fagundes,

COMPLAINANT,

v.

Membery Development Corporation

License No. ROC 247151,

RESPONDENT.

No. 2024A-10337-CHC-ROC

ORDER GRANTING CONTINUANCE

AND SETTING HEARING VIA GOOGLE MEET

The continued hearing of this matter was scheduled to convene on May 12, 2025, at 9:00 a.m. On the date and time set for hearing, Robert Membery appeared on behalf of Respondent Membery Development Corporation. Arizona Registrar of Contractors Investigator Daniel Otero was present. Complainant John Fagundes did not appear. The Tribunal provided an approximately twenty minute grace period during which Complainant did not contact the Office of Administrative Hearings to indicate any cause for the absence or delay, although Investigator Otero expressed surprise at Complainant’s non-appearance. The matter proceeded as scheduled and Mr. Membery made a motion to dismiss based upon Complainant’s failure to appear.

On May 13, 2025, Complainant filed a Motion to Continue the hearing, stating in pertinent part:

I had not received notification of the hearing today and thought I was waiting for it to be rescheduled. There is no way I would miss this hearing with the damage and work that was done on my property. The contractor took over $160,000 of my money and was not licensed to complete the work.

The Order setting the continued hearing was emailed on February 19, 2025, to Complainant’s email address that has been used throughout the proceedings and verified with Investigator Otero.

However, at the request of Complainant and good cause appearing, the hearing in the above-entitled matter is continued to June 9, 2025, at 1:00 p.m.

The hearing in this matter will be conducted either by video conferencing or telephone participation through Google Meet as follows:

Meeting ID

meet.google.com/bpo-wjxv-jas

Phone Numbers

(US)+1 402-282-0356

PIN: 754 750 967#

Click on the Google Meet video conference link if you wish to join by video conference. To join by telephone, please dial the ten digit telephone number. You will then be immediately prompted to enter the PIN followed by the # sign. THE PARTIES MUST USE THE GOOGLE MEET LINK PROVIDED IN THIS ORDER.

There will be no further continuances granted in this matter absent extraordinary circumstances.

Done this day, May 14, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by e-mail to:

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

Membery Development Corporation

[email redacted]

John Fagundes

[email redacted]

Daniel Otero

[email redacted]

By: OAH Staff