PDF copy: Certification

22F-001-ADM · Department of Administration · 2026-04-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

REGINALD GIVENS No. 22F-001-ADM

v. CERTIFICATION OF ADMINISTRATIVE LAW ARIZONA DEPARTMENT OF JUDGE DECISION ADMINISTRATION

I have reviewed the records of the Office of Administrative Hearings and as co- custodian of such records have determined:

1. The Office of Administrative Hearings transmitted the Administrative Law Judge Decision in the above-entitled matter to the Department of Administration by electronic filing.1 2. The Department of Administration was required to accept, reject, or modify the Administrative Law Judge Decision within the statutory deadline as calculated pursuant to A.R.S. § 41-1092.08 and A.R.S. § 1-243, as evidenced by receipt of such action by the Office of Administrative Hearings. 3. No action by the Department of Administration was received by the Office of Administrative Hearings as of April 27, 2026, more than five days beyond the statutory deadline.

Therefore, pursuant to A.R.S. § 41-1092.08(D), the attached Administrative Law Judge Decision is certified as the final administrative decision of the Department of Administration.

1 Upon further review, this appears to have been issued as an Administrative Law Judge Decision in error. The sole additional issue was a request for attorney’s fees and costs, which is normally ruled upon by the Administrative Law Judge through an order on a motion rather than through an Administrative Law Judge Decision as required in a contested case or appealable agency action. Because this was transmitted to the agency and the parties as an Administrative Law Judge Decision, the Office of Administrative Hearings will process it as any other Administrative Law Judge Decision would be under these circumstances. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 NOTICE Rights for Rehearing or judicial review will be lost without action taken in a timely manner. A Party has the right to request a rehearing from the Department of Administration pursuant to A.R.S. § 41-1092.09(A). In addition, the matter may be reviewed by the Superior Court, pursuant to A.R.S. § 41-1092.08(H), although a party may be required to seek a rehearing from the Department of Administration before petitioning the Superior Court for such review. See A.R.S. § 41-1092.09(B). Further rights may be lost without action taken in a timely manner. Parties may wish to review these statutes as quickly as possible after receipt of this notice. The relevant statutes may be found at the local library or on the internet at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp. Not later than ten days after a complaint for judicial review of an administrative decision is filed with the Superior Court, the party who filed the complaint must file a notice of the action with the Office of Administrative Hearings. Done this day, April 27, 2026.

/s/ Tammy L. Eigenheer Presiding Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Andy Tobin, Director c/o Kimberly Suciu, Associate General Counsel Department of Administration 100 N. 15th Ave., Ste. 400 Phoenix, AZ 85007 [email redacted] Lena Kalkbrenner, Esq., Assistant Attorney General Pamela Peiser, Esq., Assistant Attorney General Office of the Attorney General, Counsel for the Department 2005 N. Central Ave. Phoenix, AZ 85004 [email redacted] [email redacted] [email redacted]

Reginald Givens, Appellant c/o Monique Wilhite, Esq. Branscomb Wilhite Law, Counsel for Appellant 5045 W. Baseline Rd., Ste. 105-207 Laveen, AZ 85339 [email redacted] By: OAH Staff