ALJDEC - Licensing
2025A-05046-NPC-ROC · Registrar of Contractors · 2026-03-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Curiel M Rebar Steel LLC,
COMPLAINANT,
v.
Lavender Landscape Design Co. LLC
License No. ROC 334560,
RESPONDENT.
No. 2025A-05046-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 27, 2026 at 3:00pm
APPEARANCES: Tyler Tew and Tim McGhee appeared on behalf of Respondent Lavender Landscape Design Company, LLC. No one appeared on behalf of Complainant.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
EXHIBITS ADMITTED INTO EVIDENCE: None
FINDINGS OF FACT
The Arizona Registrar of Contractors (“Registrar”) referred the above-aforementioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.
On July 15, 2025, the Registrar issued a Notice of Hearing, setting an initial hearing at 10:30am on August 26, 2025. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.
On August 21, 2025, Respondent filed a Respondent’s Citation to Authority on Application of Bankruptcy Stay.
On August 26, 2025, OAH issued an Order Granting Continuance: Status Update which required a status update from the parties by December 4, 2025.
No update was received by the parties. On December 11, 2025, OAH issued an Order Granting Continuance which required a status update from the parties by December 17, 2025.
On December 16, 2025, OAH received a communication from Sharon English with Corporate Collections International that read “Please proceed with the status update scheduled for tomorrow 12-17-25, current balance due is $111,545.25. If Curiel Steel needs to appear, please let us know.”
As such, on December 19, 2025, OAH issued an Order Granting Continuance which rescheduled the hearing to January 23, 2026 at 2:00pm and provided a Google Meet link for virtual appearance.
On January 23, 2026, the Judge was prepared to move forward with the hearing but neither party showed up. OAH discovered that there was an issue with the delivery of the December 19, 2025 order.
On January 29, 2026, OAH issued an Order Granting Continuance and Google Meet Link for Virtual Appearance which rescheduled the hearing to February 27, 2026 at 3:00pm.
Complainant failed to appear at the hearing by 3:15pm on February 27, 2026 and consequently, the matter was not convened and no evidence was taken. OAH did not receive any further communication from Complainant in regards to the missed hearing on February 27, 2026.
On March 2, 2026, Respondent filed a Motion to Dismiss request due to Complainant failing to appear at the August 26, 2025 hearing. However, due to the nature of Respondent’s pending bankruptcy matter, the August 26, 2025 hearing was parlayed into a status conference pending the outcome of the bankruptcy and was not treated as a failure to appear. However, the February 27, 2026 absence does constitute a failure to appear.
CONCLUSIONS OF LAW
The Notice of Hearing that the Registrar mailed to Complainant at its address and email address of record and the OAH orders emailed were reasonable and Complainant is deemed to have received notice of the hearing. See Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).
By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See Ariz. Admin. Code R2-19-119.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainant’s complaint be dismissed.
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.
Done this day, March 5, 2026.
/s/ Nicole Robinson
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 Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Curiel M Rebar Steel LLC
12021 W Chase Lane
Avondale, AZ 85323
[email redacted]
Lavender Landscape Design Co. LLC
1872 E Broadway Rd
Tempe, AZ 85282
[email redacted]
Ronald J. Ellett
ELLETT LAW OFFICES, P.C.
2999 North 44th Street, Suite 330
Phoenix, Arizona 85018
[email redacted]
By: OAH Staff