Briefing Doc – 20F-H2020063-REL
Administrative Hearing Briefing: Archer v. PMPE Community Association, Inc.
Executive Summary
This briefing document outlines the key details and resolution of case number 20F-H2020063-REL-RHG, involving Petitioner Marc Archer and Respondent PMPE Community Association, Inc. On March 16, 2021, Administrative Law Judge Tammy L. Eigenheer issued an order vacating a scheduled rehearing. The core issue was procedural: the Petitioner’s request for rehearing was based on actions the Respondent took after the initial hearing’s decision, which falls outside the permissible scope of a rehearing. Upon being informed of this limitation, the Petitioner withdrew his request. He indicated his intent to file a new, separate petition to address the Respondent’s denial of his submission to build a house addition. The judge’s order is binding, with any appeal required to be filed in superior court within 35 days.
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Case Overview
I. Case Identification
Detail
Information
Case Name
Marc Archer, Petitioner, vs PMPE Community Association, Inc., Respondent
Case Number
20F-H2020063-REL-RHG
Adjudicating Body
Office of Administrative Hearings (Arizona)
Presiding Judge
Tammy L. Eigenheer, Administrative Law Judge
Date of Order
March 16, 2021
II. Parties Involved
Name & Affiliation
Contact Information
Petitioner
Marc D. Archer
[email protected]
Respondent
PMPE Community Association, Inc.
Not provided
Respondent’s Counsel
Nicholas Nogami, Esq., Carpenter Hazlewood Delgado & Bolen, LLP
[email protected]
[email protected]
Analysis of Proceedings
A. Basis for the Rehearing and Procedural Issue
The scheduled hearing was a rehearing requested by the Petitioner, Marc Archer. The basis for his request centered on events that transpired after the conclusion of the initial hearing.
• Petitioner’s Grounds for Rehearing: The request was explicitly based on “actions taken by Respondent after the decision in the initial hearing had been issued.”
• Jurisdictional Limitation: The Petitioner was informed at the hearing that the scope of a rehearing is limited to matters that occurred before the original petition was filed. The document states: “When Petitioner was informed that the only issues that could be addressed in a rehearing on his petition were those matters that occurred prior to his petition being filed…”
• Subject of New Dispute: The specific post-decision action Archer sought to challenge was the “Respondent’s denial of his submission to build an addition to his house.”
B. Resolution and Outcome
Faced with the procedural limitations of a rehearing, the Petitioner altered his legal strategy, leading to the cancellation of the proceeding.
• Withdrawal of Request: The Petitioner “concluded that he wished to withdraw his request for a rehearing at that time.”
• Stated Intention: Archer “indicated that he would file a new petition to challenge Respondent’s denial of his submission to build an addition to his house.”
• Final Order: The judge issued a formal order vacating the hearing.
Legal Standing and Appeal Process
The order issued on March 16, 2021, carries legal weight and outlines specific requirements for any subsequent appeal.
• Binding Nature of the Order: The order is binding on the parties involved, as stipulated by Arizona Revised Statutes (A.R.S.) § 32-2199.02(B).
• Appeal Requirements: A party wishing to appeal the order must seek judicial review.
◦ Venue: The appeal must be filed with the superior court.
◦ Deadline: The filing must occur within thirty-five (35) days from the date the order was served upon the parties.
• Governing Statutes: The appeal process is prescribed by the following state statutes:
◦ A.R.S. § 41-1092.08(H)
◦ A.R.S. § 12-904(A)
◦ Title 12, Chapter 7, Article 6 of the Arizona Revised Statutes
Document Distribution
Copies of the “Order Vacating Hearing” were officially distributed via mail, email, or fax on March 16, 2021, to the following parties:
• Arizona Department of Real Estate:
◦ Judy Lowe, Commissioner
◦ Additional recipients at the department ([email protected], [email protected], [email protected], [email protected], [email protected], [email protected])
• Petitioner:
◦ Marc D. Archer
• Respondent’s Counsel:
◦ Nicholas Nogami, Esq. (Carpenter Hazlewood Delgado & Bolen, LLP)
Study Guide – 20F-H2020063-REL
Study Guide: Case No. 20F-H2020063-REL-RHG
Short-Answer Quiz
Answer the following questions in two to three sentences each, based on the provided legal document.
1. Identify the primary parties involved in case No. 20F-H2020063-REL-RHG and state their respective roles.
2. What was the specific legal action taken by the Office of Administrative Hearings on March 16, 2021, and who was the presiding judge?
3. What was the original reason Marc Archer requested a rehearing?
4. Why was the Petitioner informed that his reason for a rehearing was invalid for the current proceedings?
5. What was the Petitioner’s final decision regarding his request for a rehearing, and what was the outcome for the scheduled hearing?
6. What future action did Marc Archer state he intended to take after withdrawing his request?
7. According to the document’s notice, what is the legal standing of the “Order Vacating Hearing” on the parties involved?
8. Describe the process and timeline an involved party must follow to appeal this order.
9. Who legally represented the Respondent, PMPE Community Association, Inc., in this matter?
10. To what primary state agency and specific official was a copy of this order distributed?
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Answer Key
1. The primary parties were Marc Archer, who served as the Petitioner, and the PMPE Community Association, Inc., which was the Respondent. The Petitioner is the party who filed the petition, and the Respondent is the party against whom the petition was filed.
2. On March 16, 2021, an “Order Vacating Hearing” was issued, removing the matter from the calendar of the Office of Administrative Hearings. The presiding judge who signed the order was Administrative Law Judge Tammy L. Eigenheer.
3. Marc Archer’s basis for requesting a rehearing was to address actions that the Respondent, PMPE Community Association, Inc., had taken after the decision in the initial hearing had already been issued.
4. The Petitioner was informed that his basis was invalid because a rehearing can only address matters that occurred prior to the filing of his original petition. The new actions he wished to contest would require a new, separate petition.
5. After being informed about the limitations of a rehearing, the Petitioner concluded that he wished to withdraw his request. As a result, the judge ordered that the hearing be vacated from the Office of Administrative Hearings’ calendar.
6. After withdrawing his request, Marc Archer indicated that he would file a new petition. This new petition would specifically challenge the Respondent’s denial of his submission to build an addition to his house.
7. The order is legally binding on the parties, as stated in the notice section referencing Arizona Revised Statute (A.R.S.) § 32-2199.02(B). This means both the Petitioner and the Respondent must legally comply with the order.
8. To appeal the order, a party must seek judicial review in the superior court. This appeal must be filed within thirty-five days from the date the order was served upon the parties, as prescribed by A.R.S. § 41-1092.08(H), title 12, chapter 7, article 6, and A.R.S. § 12-904(A).
9. The Respondent was represented by Nicholas Nogami, Esq. of the law firm Carpenter Hazlewood Delgado & Bolen, LLP.
10. A copy of the order was mailed or e-mailed to Judy Lowe, the Commissioner of the Arizona Department of Real Estate. Copies were also sent to several other email addresses associated with that department.
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Essay Questions
Develop a detailed essay answer for each of the following prompts, using only information found within the source document to support your analysis.
1. Analyze the procedural error made by the Petitioner that led to the hearing being vacated. Explain the critical distinction between the scope of a “rehearing” and a “new petition” as implied by the events in the order.
2. Based on the provided document, reconstruct the timeline of events. Begin with the implied initial hearing, describe the basis for the requested rehearing, detail the procedural clarification provided to the Petitioner, and outline the subsequent actions taken by both the Petitioner and the Administrative Law Judge.
3. Discuss the legal framework governing appeals for this type of administrative order. Cite the specific Arizona Revised Statutes (A.R.S.) mentioned in the document and explain the jurisdiction, requirements, and timeline for seeking judicial review.
4. Evaluate the communication process documented in the order. Identify all named recipients of the order, their titles or affiliations, and hypothesize why each party or entity would need to be formally notified of this decision.
5. Examine the role and authority of the Administrative Law Judge and the Office of Administrative Hearings in this specific dispute. How does the order demonstrate the limits of their jurisdiction and the procedural rules they enforce?
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Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
An official, in this case Tammy L. Eigenheer, who presides over hearings at the Office of Administrative Hearings and has the authority to issue legally binding orders.
Appeal
The process by which a party requests that a higher court (in this case, the superior court) review the decision of a lower body (the Office of Administrative Hearings).
A.R.S. (Arizona Revised Statutes)
The collection of laws enacted by the Arizona state legislature. The document references A.R.S. § 32-2199.02(B), § 41-1092.08(H), and § 12-904(A) to establish the legal basis for the order’s finality and the appeal process.
Judicial Review
A type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body, such as the Office of Administrative Hearings.
Office of Administrative Hearings (OAH)
A state agency that conducts hearings for other state agencies, providing a neutral forum for disputes. In this case, it presided over the matter between Marc Archer and the PMPE Community Association, Inc.
Order Vacating Hearing
A formal directive from a judge that cancels a previously scheduled hearing and removes it from the court’s or agency’s calendar.
Petition
A formal written request submitted to a court or administrative body, initiating a legal case or making a specific application.
Petitioner
The party who files a petition with a court or administrative body. In this case, Marc Archer.
Rehearing
A second hearing of a case to consider issues that were part of the original petition. As clarified in the order, it cannot be used to address new matters that arose after the initial decision.
Respondent
The party against whom a petition is filed and who is required to respond to it. In this case, PMPE Community Association, Inc.
Superior Court
A state-level trial court of general jurisdiction. The document specifies that any appeal of the administrative order must be filed with the superior court.
