Minute Entry Continuance

23F-21066-21278-DEN · Board of Dental Examiners · 2023-12-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Thomas A. Endicott, DDS

Holder of License No. D008629

For the Practice of Dentistry

In the State of Arizona

RESPONDENT.

No. 23F-21066-21278-DEN

MINUTE ENTRY - GRANTING CONTINUANCE

On November 15, 2023, the Arizona State Board of Dental Examiners (“Board”) issued a Complaint and Notice of Hearing for License Revocation (“Notice of Hearing“) to the parties in the above-captioned matter, which alleged violation(s) of Ariz. Rev. Stat. §§ 31-1201.01(14), 32-1201.01(24), and 32-1264. Correspondence was issued to Respondent’s mailing address of record and email address of record. Although mailed correspondence was returned to the Board by the United States Post Office as undeliverable for Respondent, electronic correspondence was not retuned as undeliverable by the domain for Respondent’s email address.

On December 13, 2023, the undersigned issued a Minute Entry to the parties that granted the Board’s request to appear remotely, and also included videoconference and teleconference information. Electronic correspondence was not retuned as undeliverable by the domain for Respondent’s email address.

On December 13, 2023, the undersigned issued a Minute Entry to the parties that advised a Media Request had been granted in this matter for local channel ABC 15. Electronic correspondence was not retuned as undeliverable by the domain for Respondent’s email address.

On December 29, 2023, twenty-two (22) minutes after the hearing record had been timely opened, and after the expiration of a 10-minute grace period that had been afforded to Respondent, Respondent appeared telephonically and submitted an untimely Motion to Continue under Ariz. Admin. Code R2-9-106(C). Per Respondent, he had moved out of state and failed to provide the Board with his updated mailing address, and as such had not received the Board’s mailed Notice of Hearing. Though he admittedly received an electronic copy of the Notice of Hearing from the Board on or about December 19, 2023, Respondent could not provide a reason why he did not submit his Motion to Continue to the Office of Administrative Hearings at that time. Respondent argued, however, that he desired to obtain subpoena(s) and witnesses for the matter. Over the Board’s objection, the Tribunal grants Respondent’s motion as a one-time courtesy. Therefore,

IT IS ORDERED that the hearing in the above-entitled matter is continued and set for a Status Update on Friday, January 05, 2023. On or before this date the parties shall submit one of the following Stipulated Motions to the Office of Administrative Hearings (“OAH”):

(1) Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing, or

(2) Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be Set for Hearing.

Failure to timely submit a Status Update shall result in the matter being rescheduled at the Tribunal’s discretion.

Done this day, December 29, 2023.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Ryan Edmonson, Executive Director

Board of Dental Examiners

1740 W. Adams St., Ste. 2470

Phoenix, AZ 85007

[email redacted]

Seamus Monaghan, Esq., Assistant Attorney General

Office of the Attorney General

Licensing and Enforcement Section

[email redacted]

Thomas A. Endicott, DDS, Respondent

[email redacted]

By: OAH Staff