VACATE

00F-1850-ROC · Registrar of Contractors · 2000-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Hearing in these matters was originally scheduled for September 18, 2000, but was continued to October 11, 2000, due to Complainant Peterson’s travel plans. Respondent/Complainant Sunrise Custom Homes, Inc. then requested that hearing be consolidated with Registrar of Contractors’ Case No. 00- 2622, and continued, and the matters were therefore consolidated and the hearing continued to December 28, 2000, at 9:00 a.m. Complainant Peterson then requested a further continuance due primarily to conflict with travel plans between December 21, 2000 and January 8, 2001. Respondent/Complainant Sunrise Custom Homes, Inc., had no objection to the continuance request, but due to business concerns in January, 2001, requested that hearing be set after February 4, 2001. Respondent Ermanno Ciummo Construction Co. had no objection to the request. By Order issued on November 3, 2000, consolidated hearing was continued and accelerated to December 18, 2000, at 9:00 a.m. Then, on December 7, 2000, counsel for Complainant Peterson and Respondent/Complainant Sunrise Custom Homes, Inc., filed STIPULATION TO CONTINUE HEARING because counsel for Complainant Peterson had a conflict with the hearing scheduled for December 18, 2000. Counsel stipulated that hearing be scheduled after February 4, 2001, and that Respondent Ermanno Ciummo Construction Co. had no objection to the stipulation. Upon due consideration of the foregoing, the undersigned determines that to further administrative convenience, expedition and economy pursuant to A.A.C. R2-19-111(4), IT IS HEREBY ORDERED that the consolidated hearing scheduled to convene on December 18, 2000, at 9:00 a.m. be vacated from the calendar of the Office of Administrative Hearings. The parties shall be provided leave, without prejudice, to re-file their respective requests for hearing with the Registrar of Contractors within appropriate time limitations when all are prepared to proceed. IT IS FURTHER ORDERED that these matters be remanded to the Registrar of Contractors with the recommendation that the CITATION AND COMPLAINT in Case No. 00-2622 and the CITATION AND COMPLAINT in Case No. 00-1850 both be closed, subject to the foregoing. Done this day, December 11, 2000.

_________________________________ Anthony Halas Administrative Law Judge

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

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

Dow Glenn Ostlund, Esq. TIFFANY & BOSCO 1850 North Central Avenue, Suite 500 Phoenix, AZ 85004-1049 (Attorney for Complainant Peterson)

P. Douglas Folk, Esq. FOLK & ASSOCIATES 3636 North Central Avenue, Suite 810 Phoenix, AZ 85012 (Attorney for Respondent/Complainant Sunrise Custom Homes, Inc.)

Ermanno Ciummo Construction Co. 15926 Genoa Way Fountain Hills, AZ 85268

By _______________________________ -----------------------

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