Minute Entry Continuance

22F-001-ADM · Department of Administration · 2025-12-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

REGINALD GIVENS,

Appellant,

v.

ARIZONA DEPARTMENT OF ADMINISTRATION,

Respondent.

No. 22F-001-ADM

ORDER

On or about April 27, 2022, the Arizona Department of Administration (“Department”) referred the above-captioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing to determined whether ground existed for the Department to deny Appellant’s Retiree Accumulated Sick Leave (“RASL”) program application pursuant to Arizona Revised Statutes (“Ariz. Rev. Stat.”) § 38-615 et. seq.

On July 05, 2023, the undersigned issued an Administrative Law Judge Decision (“Decision”) recommending the denial of Appellant’s RASL program application and dismissal of appeal. Correspondence was not returned as undeliverable to either party.

On August 29, 2023, after no action was taken by the Director of the Department to accept, reject or modify the Decision, OAH certified the Decision as the Final Administrative Decision of the Department pursuant to Ariz. Rev. Stat. § 41-1092.08(D). Correspondence was not returned as undeliverable to either party.

On September 29, 2023, Appellant appealed the Final Administrative Decision to Maricopa County Superior Court pursuant to Ariz. Rev. Stat. § 12-904.

On July 07, 2025, in LC2023-000342-001, Hon. Joseph Mikitish reversed the Final Administrative Decision on the basis of equitable estoppel, holding that Appellant’s RASL application should be considered as if his retirement were timely submitted. The matter, deemed final pursuant to Arizona Rules of Civil Procedure (“Ariz. R. Civ. P.”) 54(c), was remanded to the Department for further proceedings, as necessary.

On November 13, 2025, Appellant submitted a Request for Reopening to adjudicate the limited issue of attorney’s fees pursuant to Ariz. Rev. Stat. § 41-1007.

On November 14, 2025, the Department submitted an objection to Appellant’s reopening request, arguing that Appellant submitted his request untimely; one hundred and twenty-nine (129) days after Judge Mikitish’s order was issued on July 07, 2025, in violation of Ariz. Rev. Stat. § 41-4007(C) [sic] which required an applicant to apply for an award of fees within thirty (30) days of a final decision or order.

On December 06, 2025, Appellant submitted a Request for Oral Argument and opined that Judge Mikitish’s order could not be the “final decision or order” because it was set aside.

In consideration of the foregoing,

IT IS ORDERED that Appellant’s Request for Reopening, submitted November 13, 2025, is granted as timely.

IT IS FURTHER ORDERED that Appellant’s Request for Oral Argument, submitted December 06, 2025, is denied as moot.

IT IS FURTHER ORDERED that the Final Administrative Decision in LC2023-000342-001, issued by Hon. Joseph Mikitish on July 07, 2025, is hereby added to the administrative record in the above-captioned matter.

IT IS FURTHER ORDERED that on or before Wednesday, January 14, 2026, Appellant shall submit an amended demand specifying his request for attorney’s fees, in compliance with Ariz. Rev. Stat. § 41-1007(C)(1-3). No reply shall be required by the Department. Upon receipt, the Tribunal will reopen the above-captioned matter for the limited purpose of addressing the issue of attorney’s fees by issuing a Further Hearing Order or issuing an order requiring the parties to submit written arguments.

Done this day, December 30, 2025.

Office of Administrative Hearings

/s/ Hon. Jenna Clark

Administrative Law Judge

Transmitted electronically 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