Vacate

22F-H2222056-REL · Department of Real Estate - H/C · 2022-08-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Michael Stoltenburg,

Petitioner,

vs.

Rancho del Oro Homeowners Association,

Respondent.

No. 22F-H2222056-REL

ORDER VACATING

HEARING

On July 18, 2022, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing (“Notice”) setting the above-captioned matter for hearing on August 19, 2022, at 1:00 p.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice provided, in pertinent part, as follows:

Petitioner states that he “has requested to see the books of Rancho Del Oro Homeowner Association under CC&R 10.4 [and] had been declined by many different ways.” Petitioner states that Respondent’s refusal to produce said records is in violation of the aforementioned CC&R 10/4 and A.R.S. § 33-1805.

(Emphasis added.)

On July 19, 2022, the undersigned issued a Minute Entry addressing a Motion to Dismiss filed by Respondent July 19, 2022, Petitioner’s Response to Motion to Dismiss filed July 22, 2022, Respondent’s Reply in Support of Motion to Dismiss as filed July 28, 2022, and Petitioner’s Response to Reply in Support of Motion to Dismiss as filed July 29, 2022, which required Petitioner, in pertinent part, to provide a disclosure no later than Friday, August 05, 2022; including but not limited to: specific date(s) he was allegedly denied access to records, what said records were, and who(m) denied him access and via what means. Correspondence was not returned as undeliverable from either party.

On July 15, 2022, OAH received Respondent representative’s contact information and hearing exhibits.

Petitioner failed to timely submit a disclosure.

On August 09, 2022, Respondent submitted a Notice of Petitioner’s Failure to Comply with the July 29, 2022 Minute Entry and requested a dismissal of Petitioner’s petition. Later that same date, Petitioner submitted his response wherein he did not substantively address his lack of compliance with the aforementioned order.

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

Therefore,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-9-106, R2-19-111(4), and R2-19115(D), this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any.

Done this day, August 15, 2022.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile August 15, 2022 to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

100 N. 15th Ave., Ste. 201

Phoenix, AZ 85007

[email redacted]

James Hazlewood, Esq.

Nicole Payne, Esq.

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

1400 E. Southern Ave., Ste. 400

Tempe, AZ 85282-5691

[email redacted]

Michael J. Stoltenberg, Petitioner

11777 E. Calle Gaudi

Yuma, AZ 85367

[email redacted]

By Miranda Alvarez

Legal Secretary