ORDER

2025A-04509-CHC-ROC · Registrar of Contractors · 2026-04-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Marianne Williams Bottle,

COMPLAINANT

v.

Michael Dale McGee

DBA: M2 Design,

License No. ROC 335745,

RESPONDENT

No. 2025A-04509-CHC-ROC

ORDER DENYING RESPONDENT’S REQUEST TO RECALL WITNESS

After ROC Investigator Corlett was excused as a witness from the hearing in this matter, Respondent filed a request to recall the witness at the further hearing set to convene on April 16, 2026. The undersigned Administrative Law Judge (ALJ) subsequently advised all parties that as Investigator Corlett was excused with consent of the parties only after he had provided sworn testimony, been cross-examined by both parties, and his Jobsite Inspection documentation, Written Directive, Compliance Inspection documentation, inspection photographs, and Citation were admitted to the record, he would not be required to appear at the further hearing.

The undersigned ALJ also advised, however, that if Investigator Corlett possessed additional and unique knowledge about which no other witness could testify, and the expected testimony was crucial to support proof of an affirmative defense, Respondent must file a Motion requesting the recall which identified the new and material information, as well as an explanation as to why it required a recall of the witness and why such information could not have been known at the time of the initial hearing.

The undersigned ALJ granted the parties until April 14, 2026, at 9:00 am to file a Motion. No such motion was received. Therefore, without a more compelling showing and in the interest of judicial economy, Respondent’s request to recall Investigator Corlett is denied and the further hearing will convene as scheduled on April 16, 2026, at 9:00 am.

Done this day, April 15, 2026.

/s/ Nedra-Su Kawasaki

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

[email redacted]

Marianne Williams Bottle

[email redacted]

Michael McGee

DBA: M2 Design

[email redacted]

Cliff Corlett, Investigator

Registrar of Contractors

[email redacted]

By: OAH Staff