Vacate
26F-001-ASMI · Arizona State Mine Inspector's Office · 2026-04-02
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF APPEAL OF
STATE MINE INSPECTOR
COMPLIANCE ORDER FOR
FAILURE TO SUBMIT
RECLAMATION PLAN FOR OZ
ROCK PIT
APPELLANT: OZ ROCK
No. 26F-001-ASMI
ORDER VACATING HEARING
On September 16, 2025, the Office of the Arizona State Mine Inspector (“ASMI”), by and through the Arizona Attorney General’s Office, issued a Notice of Hearing that set proceedings scheduled at 9:090 a.m. on October 20, 2025, before the Office of Administrative Hearings (“OAH”), and independent state agency, to address the issue of whether Appellant filed a reclamation plan with ASMI as required by Ariz. Rev. Stat. §§ 27-1221 and 27-1222, and if so, whether ASMI’s Compliance Order dated May 19, 2025, should be reconsidered. Correspondence was not returned as undeliverable to Appellant.
On October 07, 2025, Counsel for ASMI submitted an Emergency Motion to Continue, which was granted by the Tribunal.
On October 07, 2025, OAH issued an Order Granting Continuance that reset the above-captioned matter for hearing at 1:00 p.m. on December 12, 2025. Parties were advised that they were required to appear remotely due to OAH’s offices being closed for construction. Correspondence was not returned as undeliverable to Appellant.
On December 10, 2025, Counsel for ASMI submitted a Motion to Continue so that the parties could appear in-person, which was granted by the Tribunal.
On December 10, 2025, OAH issued an Order Granting Continuance that reset the above-captioned matter for hearing at 1:00 p.m. on April 02, 2026. Parties were advised that they were permitted to appear in-person or remotely, as Google Meet information was included in the order. Correspondence was not returned as undeliverable to Appellant.
On March 30, 2026, Counsel for ASMI submitted a Notice of Parties’ Communication Regarding Hearing Date wherein the Tribunal was advised that on March 25, 2026, Appellant informed ASMI via email that he was unable to attend the continued hearing because he was scheduled to have surgery on March 29, 2026, and that he would be in recovery for four (4) to six (6) weeks afterwards. No documentation was attached to corroborate Appellant’s assertion. ASMI replied to Appellant that it would not object to a continuance if Appellant provided an indicium of proof regarding his alleged surgery, which was scheduled on a Sunday. Appellant did not reply. In its notice to the Tribunal, Counsel for ASMI lodged an objection to a continuance due to “substantial delay.”
Appellant never submitted a Motion to Continue to OAH or otherwise provide notice of his unavailability or inability to participate in the April 02, 2026, continued hearing.
On April 02, 2026, at the time scheduled for continued hearing, and although afforded a fifteen (15) minute grace period, Appellant failed to appear. Accordingly,
IT IS ORDERED that the hearing in this matter is vacated from OAH’s calendar, without prejudice.
IT IS FURTHER ORDERED remanding this matter to ASMI for further action, if any.
Done this day, April 02, 2026.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Laurie Swartzbaugh, Deputy Director
Arizona State Mine Inspector's Office
1700 W. Washington St., Ste. 403
Phoenix, AZ 85007
[email redacted]
David F. Jacobs, Esq., Assistant Attorney General
Wesley Gerard, Esq., Assistant Attorney General
Office of the Attorney General, Counsel for ASMI
Natural Resources Section
2005 N. Central Ave.
Phoenix, AZ 85004-1592
[email redacted]
[email redacted]
OZ Rock, Appellant
c/o Pat O'Neill, Agent
1245 San Pedro Rd.
Golden Valley, AZ 86413
[email redacted]
By: OAH Staff