ALJDEC

00A-268(4)-SPC · Structural Pest Control Commission · 2001-03-12

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matters, consisting of five separate complaints against five separate Licensees or Certificate Holders, were scheduled for a consolidated administrative hearing on March 12, 2001. A motion to vacate the scheduled consolidated hearing was filed very shortly before the hearing date, but the undersigned Administrative Law Judge was not provided with sufficient definitive information to enable any informed ruling on said motion, and the parties or their respective counsel were asked to appear at the time and place set for the consolidated hearing. At that time, the Arizona Structural Pest Control Commission (herein called the “Commission”) was represented by Assistant Attorney General, Blair Driggs, Esq. Both Phoenix Pest & Termite Control, Inc. (herein called “Phoenix Pest”) and Jerry Martinie were represented by their attorney, Scott J. Richardson, Esq. No other appearances were made by or on behalf of the other named Certificate Holders.

At the outset of the hearing, certain information and status reports were disclosed on the record, all of which provided sufficient support for the granting of the previously filed motion to vacate the instant consolidated hearing. A generalized summary is set forth below:

a) With respect to Cases Numbered 00A-268(4)-SPC and 00A-268(5)-SPC, respectively involving the Applicator Certificates issued to and held by Patrick Ellis and Gary Fortune, this tribunal was informed that the underlying charges and potential defenses had been fully resolved by the parties’ entry into a settlement agreement, the terms of which, although not disclosed to this tribunal, were reported to have been wholly approved and adopted by the Commission;

b) With respect to Cases Numbered 00A-268(1)-SPC and 00A-268(2)-SPC, respectively involving the Business License issued to and held by Phoenix Pest and involving the Qualifying Party Credential and also the Applicator Certificate issued to and held by Jerry Martinie, counsel for the Commission and counsel for both named Licensees confirmed that they had concluded a settlement agreement that effectively resolved all pending charges and potential defenses, such agreement being understood to be subject to the subsequent approval and adoption by the Commission; and

c) With respect to Case Number 00A-268(3)-SPC involving the Applicator Certificate issued to and held by Joseph Phillips, it appeared that the Complaint and Notice of Hearing was never properly transmitted to this named Certificate Holder at his correct mailing address until very recently, no more than three days before the scheduled consolidated hearing. Therefore, it becomes necessary to

provide adequate additional time and opportunity to Mr. Phillips in which to file a formal answer and to prepare defenses to the charged violations, as mandated by applicable procedural rules and statutes as well as by fundamental notions of due process. This separate matter must be returned to the Commission for appropriate processing back to the Office of Administrative Hearings, if not otherwise resolved by settlement.

Upon reconsideration in light of the foregoing disclosed status information, and for adequate cause demonstrated, IT IS ORDERED that the motion to vacate the consolidate hearing for each of the separate matters, as set forth in the above case caption, is granted and that the entire consolidated hearing scheduled for March 12, 2001 shall be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that each of these matters are remanded to the Commission for appropriate further action, as outlined above.

Dated: March 13, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Robert I. Worth Administrative Law Judge

Copies transmitted on ______________________

By: _________________________ , To:

Jerry Davis, Executive Director Structural Pest Control Commission 9535 East Doubletree Ranch Road Scottsdale, AZ 85258-5514 ATTN: David Broadstreet

Blair Driggs, Esq. Assistant Attorney General 1275 West Washington Street Phoenix, AZ 85007

Scott J. Richardson, Esq. Shimmel, Hill, Bishop & Gruender, P.C. Post Office Box 10390 Phoenix, AZ 85064-0390

Marc A. Adair, Esq. Ray & Adair 2916 North Seventh Avenue (Suite 100) Phoenix, AZ 85013 - 4103

Lisa Gervase, Esq. 4150 West Northern Phoenix, AZ 85051 - 5787

Phoenix Pest & Termite Control, Inc. 2911 North 26th Avenue Phoenix, AZ 85017

Jerry Martinie 503 North Pecan Mesa, AZ 85201

Patrick Ellis 5069 Western Boulevard Prescott, Arizona 86314

Gary Fortune 5121 Mission Lane Prescott, Arizona 86314

Joseph Phillips 8195 Yavapai Road Prescott Valley, AZ 86314 -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826