Minute Entry - FYI Advisement to Parties

2024A-12284-NPC-ROC · Registrar of Contractors · 2025-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

R.A.C.E Grading LLC,

COMPLAINANT,

v.

Superior Grading & Excavating LLC

ROC License No. 330569,

RESPONDENT.

No. 2024A-12284-NPC-ROC

ORDER

On December 20, 2024, the above-captioned matter was referred to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on February 14, 2025, to be determined is whether grounds exist for the Registrar to discipline ROC License No. 330569 based on alleged violations of Ariz. Rev. Stat. § 32-1154(A)(10).

On March 07, 2025, after a brief continuance was granted by the Tribunal per Respondent’s request, the matter was heard on March 07, 2025. After the evidentiary record was closed, parties were specifically advised that after the undersigned issued the Recommended ALJ Decision to the Director of the Registrar, he would have additional time to accept, reject, or modify it by issuing a Final Order, and in the alternative, OAH’s Director would issue the Certified Final Order after the expiration of the Director’s time to act.

On March 27, 2025, the undersigned transmitted a Recommended ALJ Decision in this matter to the Registrar, which included the following advisement to the parties:

NOTICE

Pursuant to Ariz. Rev. Stat. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the Final Decision by the Office of Administrative Hearings.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

(Emphasis in original.)

On March 31, 2025, Complainant submitted a Response to Administrative Law Judge Decision 3/27/2025 and Motion for Rehearing to OAH.

On April 08, 2025, Complainant submitted a Motion for Rehearing to OAH.

On April 09, 2025, the Tribunal issued an Order denying both of Complainant’s requests, as both were inappropriately submitted to OAH, instead of the Registrar, despite their unripeness.

On April 11, 2025, despite the aforementioned explanations provided, Complainant submitted a Notice of Appeal of Administrative Law Judge’s Decision to OAH.

In light of the foregoing,

IT IS ORDERED that Complainant’s Notice of Appeal of Administrative Law Judge’s Decision is rejected. Because there has not been a Final Order issued in the above-captioned matter, there is no basis for an appeal by either party, making the motion unripe, and because the motion was improperly submitted to OAH instead of the Registrar or a court of competent jurisdiction, making it outside the scope of OAH’s jurisdiction.

Done this day, April 11, 2025.

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]

R.A.C.E GRADING LLC, Complainant

c/o Cindy Halliburton, Agent

P.O. Box 1044

Dewey, AZ 86327

[email redacted]

Steven R. Beeghley, Esq.

James C. Golden, Esq.

Sacks Tierney P.A., Counsel for Respondent

4250 N. Drinkwater Blvd., 4th Fl.

Scottsdale, AZ 85251-3693

[email redacted]

[email redacted]

By: OAH Staff