Vacate

20F-LTA2020001-ADH · Arizona State Department of Housing - LTA · 2020-04-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Maureen Oshea-Guidry,

Garry Schneider, Power of Attorney,

Petitioner,

vs.

Whispering Winds R.V. Park, et al.,

Respondent.

No. 20F-LTA2020001-ADH

ORDER VACATING

MATTER FROM OAH DOCKET

Garry Schneider, Petitioner Maureen Oshea-Guidry’s son, filed a complaint on her behalf with the Arizona Department of Housing (“the Department”) against Respondent Whispering Winds R.V. Park for an alleged violation of the Arizona Mobile Home Parks Landlord-Tenant Act. Mr. Schneider does not have an ownership interest in his mother’s home and never lived at Respondent mobile home park, but has a general power of attorney over his mother’s affairs. Mr. Schneider is not an active member of the Arizona State Bar.

The Department referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing and scheduled a hearing on April 6, 2020. Mr. Schneider appeared telephonically on behalf of his mother. The Administrative Law Judge (“ALJ”) explained on the record that, once the Department referred the matter to OAH, representation of a party was considered to be the practice of law under Arizona Rule of Supreme Court Rule 31(a)(1). Because only an active member of the Arizona State Bar could practice law before OAH, Mr. Schneider’s representation unauthorized practice of law. Mr. Schneider indicated that Petitioner was unable to represent herself. The ALJ issued an order allowing Petitioner until April 13, 2020, to have an attorney file a notice of appearance on her behalf with OAH.

As of this date, no attorney has filed a notice of appearance on Petitioner’s behalf with OAH. Therefore,

IT IS ORDERED vacating this matter from OAH’s docket.

IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Department for further action.

Done this day, April 16, 2020.

/s/ Diane Mihalsky

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile April 16, 2020 to:

Carol Ditmore

Arizona Department of Housing

1110 W. Washington, Suite 310

Phoenix, AZ 85007

Myrna Dickinson

Whispering Winds RV Park

ATTN: Myrna Dickinson

PO Box 693

Show Low, AZ 85902

[email redacted]

Maureen Oshea-Guidry

c/o Garry Schneider, Power of Attorney

1091 Fawn Drive

Show Low, AZ 85901

By c. serrano