Vacate

2024A-13173-RFA-LS-ROC · Registrar of Contractors · 2026-01-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Elizabeth Lipman Leonard,

COMPLAINANT,

v.

Harvey Swain Evans

DBA: Evans Construction & Design

License No. ROC 336043,

RESPONDENT.

No. 2024A-13173-RFA-LS-ROC

ORDER VACATING

HEARING

The hearing of this matter was scheduled to convene on January 27, 2026, at 1:00 p.m. On the date and time set for hearing, Assistant Attorney General Mona Baskin represented the Arizona Registrar of Contractors (“Registrar”). Doug Ulmer appeared as a witness for the Registrar. Dr. Elizabeth Lipman Leonard (“Complainant”) appeared on her own behalf, however, James Hanson, Esq. appeared to assist Complainant. Harvey Evans appeared on behalf of Harvey Swain Evans, doing business as Evans Construction & Design (“Respondent”). Lanita Costilla appeared as a witness for Respondent.

After the commencement of the hearing, prior to opening statements, the admission of exhibits was discussed. It was discovered at that time, due to Respondent’s late filing of its exhibits, that two separate bond amounts totaling $30,000.00 had recently either been paid or been approved for payment to Complainant. The Registrar was unaware of these payments to Complainant and consequently, did not take those amounts into account when calculating the proposed award to Complainant from the Recovery Fund.

Based on the newly discovered information, Ms. Baskin, on behalf of the Registrar, requested that the hearing be vacated and the matter remanded to the Registrar for further investigation, re-calculation, and for the issuance of a new/amended Notice of Administrative Award. Neither Complainant nor Respondent opposed the request.

Based on the above, and sufficient cause appearing,

IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED remanding this matter to the Registrar for further action.

Done this day, January 28, 2026.

/s/ Sondra J. Vanella

Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

Harvey Evans

DBA: Evans Construction & Design

[email redacted]

James N. Hanson, Esq.

LANG THAL KING & HANSON, PC

[email redacted]

[email redacted]

[email redacted]

Elizabeth Lipman Leonard

[email redacted]

Mona Baskin

Assistant Attorney General

Licensing and Enforcement Section

[email redacted]

By OAH Staff