VACATE

00F-200329-DEN · Board of Dental Examiners · 2000-09-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona Board of Dental Examiners, through counsel, has filed a Motion to Vacate Hearing in this matter. The parties have entered into a Stipulation Agreement which provides, among other things, that Dr. Muscato waives his right to an administrative hearing before the Office of Administrative Hearings. The parties desire to bring this matter directly to the Board of Dental Examiners. In view of the foregoing and pursuant to A.R.S. § 41- 1092.07(F)(5) and A.A.C. R2-19-111, IT IS ORDERED that the hearing set for September 20, 2000, be vacated from the calendar of the Office of Administrative Hearings, and that this matter be remanded to the Arizona Board of Dental Examiners for final disposition. Done this day, September 18, 2000.

_________________________________ Brian Brendan Tully Administrative Law Judge

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

Julie Chapko, Executive Director Board of Dental Examiners ATTN: Lorraine Brown 5060 North 19th Avenue, Suite 406 Phoenix, AZ 85015

Michael Muscato, D.D.S. 2229 East McDowell Road Phoenix, AZ 85282

Jeffrey J. Tonner, Esq. Law Offices of Jeffrey J. Tonner 1110 East Missouri, Suite 160 Phoenix, AZ 85014

Melissa S. Cornelius, Esq. Assistant Attorney General Office of the Attorney General 1275 West Washington Avenue Phoenix, AZ 85007

By _______________________________

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