VACATE

00F-0322-ROC · Registrar of Contractors · 2000-03-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Complainant has informed the undersigned that he has consulted two certified floor inspectors who informed him that, because there is no industry standard for the floor at issue, they cannot write a favorable report to be introduced into evidence at the hearing. Because Complainant feels the absence of expert testimony in his favor renders the hearing a “waste of time,” he requests that the hearing be vacated. Copies of Complainant’s letter are attached to Respondent’s and the Registrar’s copies of this order. The undersigned notes that the issue with respect to the floor is the only one for which Complainant requested a hearing and that the Registrar of Contractor’s inspector did not direct Respondent to correct the floor. Therefore, IT IS ORDERED that the hearing scheduled to convene on March 31, 2000 be vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors with the recommendation that it be dismissed. Done this day, March 23, 2000.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of March, 2000, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

Regal Homes Inc. Thomas B. Brown 2432 West Peoria Avenue Building 9, Suite 1160 Phoenix, AZ 85029-4734

Troy Bunch 21660 N. 107th Drive Sun City, AZ 85373

John Ratcliff, Inspector Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

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