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Certification and Eligibility
Judge Roland J. Steinle, Chair, reported the Board received a number of various
pleadings involving Hearing Officer Recommendation Reports. The Board received the
advice of counsel during executive session and there is no provision to accept the
pleadings. Pursuant to Arizona Code of Judicial Administration ' 7-208 (H)(12), (13) and
(14) requires all petitions for rehearing to go to the Hearing Officer and there is no
provision for the Board to hear those matters.
A motion was made by Judge Roland J. Steinle and seconded by Margaret J.
Kleinman to strike all of the pleadings received by the Board due to there being
no provision under Arizona Code of Judicial Administration ' 7-208 for the
Board to consider them. Motion passed. Nancy Swetnam recused. LDP-05-005
A motion was made by Judge Roland J. Steinle and seconded by Mary Carlton
due to fact the some pleadings involve review and discussion of Hearing Officer
recommendations, rather than wait for the Call to the Public at the end of the
meeting, if a member of the public, a certificate holder, or an applicant wishes to
be heard regarding the Hearing Officer’s recommendation report, the Board will
allow for five minutes of public comment at this stage in the meeting. Motion
passed. LDP-05-006
Review of Hearing Officer Michele Iafrate’s recommendation regarding the denial of
renewal of individual certification for Glen Hadley.
Glen Hadley addressed the Board and urged the Board not to adopt the Hearing Officer’s
recommendations. Mr. Hadley requested his individual initial renewal certification be
granted. Mr. Hadley stated the Hearing Officer’s recommendations relied on inaccurate
facts and conclusions. Mr. Hadley stated he did not have personal knowledge of the
matters involved in the denial, but that Rob Andrews does. With regards to Robert
Andrews he did not call Mr. Andrews as a witness. Mr. Hadley believes the hearing was
regarding a phone number. Following the hearing Mr. Hadley filed a Motion for
Rehearing so he could present Mr. Andrew as a witness to testify to the misconceptions.
Mr. Hadley stated the Hearing Officer untimely denied the Request for Rehearing.
Further, Mr. Andrew stated he filed a Motion to Supplement the Record in hopes the
facts would help the Board understand his position. Mr. Hadley stated he has no ties with
Why Pay a Lawyer and Mr. Andrew severed his association with Why Pay a Lawyer
several years ago. Mr. Hadley reported he works hard to prepare effective legal
documents and is honest, and has been honest in his application for certification.
The Board reviewed the filing timeframes. Mr. Hadley’s request for rehearing was
received on October 14, 2004 and filed on October 18, 2004. Hearing Officer Iafrate
issued her Order regarding denial of the rehearing on November 4, 2004. The Hearing
Officer was timely in responding to Mr. Hadley’s motion.