Vacate

21F-H2121043-REL · Department of Real Estate - H/C · 2021-06-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Heidi M Banach,

Petitioner,

vs.

Val Vista Classic Parcel 2 Condominium Association,

Respondent.

No. 21F-H2121043-REL

ORDER VACATING

HEARING

On May 11, 2021, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing setting the above-captioned matter for hearing on June 30, 2021, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona to determine whether Respondent committed act(s) in violation of Arizona Revised Statutes §§ 33-1227, 33-1253, and 1254.

On June 02, 2021, OAH issued an Order informing the parties that the above-captioned matter would be held vie tele/videoconference. Correspondence issued to Petitioner was not returned as undeliverable by the United States Postal Service or email domain.

On May 19, 2021, and On May 22, 2021, Petitioner submitted subpoena requests to OAH that were both denied.

On May 27, 2021, Respondent submitted a Motion to Dismiss to OAH that was denied.

On June 02, 201, Respondent submitted an Amended Response to Petition to OAH.

On June 13, 2021, Petitioner submitted four (4) subpoena requests to OAH, of which three (3) were granted and one (1) was denied.

On June 15, 2021, Petitioner contacted OAH to inquire why one of her aforementioned subpoena requests had been denied.

On June 25, 2021, Respondent filed a Motion to Quash with OAH. On June 28, 2021, Petitioner filed a Response. Respondent’s motion was denied.

On June 30, 2021, although Respondent and the witnesses Petitioner subpoenaed appeared for the hearing, Petitioner did not appear remotely or in-person for the scheduled hearing. No request to continue or appear via alternative means was received by OAH from Petitioner. At the end of a 10-minute grace period, the undersigned found Petitioner to be in default.

There is no Settlement Order on file for this matter at OAH.

Therefore,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-117 and R2-19-111(4), that this matter is hereby dismissed without prejudice and vacated from OAH’s calendar.

IT IS FURTHER ORDERED that this matter is remanded to the Department for further action, if any.

Done this day, June 30, 2021.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile June 30, 2021, to:

Judy Lowe, Commissioner

Arizona Department of Real Estate

100 N. 15th Ave., Ste. 201

Phoenix, AZ 85007

[email redacted]

Heidi M. Banach, Petitioner

754 Warrenton Rd., Ste. 113-333

Fredericksburg, VA 22406

[email redacted]

Carlotta L. Turman, Esq.

Timothy D. Butterfield, Esq.

Carpenter, Hazlewood, Delgado & Bolen LLP, Counsel for Respondent

1400 E. Southern Ave., Ste. 400

Tempe, AZ 85282-5691

[email redacted]

[email redacted]

[email redacted]

By c. serrano