Vacate

24F-H047-REL-RHG · Department of Real Estate - H/C · 2025-10-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

AZNH Revocable Trust,

Petitioner,

Sunland Springs Village Homeowners Association,

Respondent.

No. 24F-H047-REL-RHG

ORDER VACATING HEARING

By Order dated July 18, 2025, this matter was scheduled for rehearing to convene on September 26, 2025 at 9:00 a.m.

On August 15, 2025, the undersigned issued a substantive Order addressing the limited issues for rehearing which necessitated consideration of evidence necessary to the ultimate decision.

On September 26, 2025 at 12:13 a.m., Petitioner filed its motion for Peremptory Change of Administrative Law Judge (“Motion”) which included a contemporaneous request to change the hearing date. As the reason for the change in a hearing date, Petitioner wrote:

For any future proceedings in the above-captioned matter, undersigned counsel respectfully requests any such proceedings be set on or after December 15, 2025. As reasons therefore, the Trustees are traveling on a pre-planned, pre-paid, non-refundable trip out of Arizona and out of the U.S.A. beginning Sept. 27, 2025, and returning to Arizona November 3, 2025.

At the time set for continued hearing on September 26, 2025 at 9:00 a.m., both parties’ representatives arrived at the Tribunal. The parties informally discussed with the undersigned (a) Petitioner’s Motion and (b) Respondent’s written objection to the Motion and request. The discussion took place off the record.

While the parties engaged in informal discussion, the Tribunal’s Interim Director reviewed the Motion and determined the Motion to be untimely.

After receiving the Interim Director’s decision, the undersigned informed the parties that the matter would proceed to go on the record. However, before the undersigned had the opportunity to actually begin an audio administrative recording for the matter, Petitioner’s representative left the hearing room and did not return. As a result, Petitioner presented no evidence or argument on the record as to the issue for rehearing, or as to its Motion and request.

At the time of the hearing, the undersigned denied the Motion and request as being untimely filed. Respondent presented its written and oral objections to the Motion and request on the record and moved to dismiss the matter due to Petitioner’s failure to proceed with the matter. Based on the foregoing,

IT IS ORDERED Respondent’s motion to dismiss is granted,

IT IS FURTHER ORDERED Petitioner’s case is dismissed based on the failure to proceed with the matter.

ORDERED this day, October 9, 2025.

/s/ Kay A. Abramsohn

Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Susan Nicolson

Commissioner

Arizona Department of Real Estate

[email redacted]

Chad Gallacher

MAXWELL & MORGAN, P.C.

[email redacted]

John F. Sullivan

AZNH Revocable Trust

[email redacted]

By OAH Staff