VACATE

00F-S0125-ROC · Registrar of Contractors · 2000-10-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|SIERRA VALLEY HOMES, LLC, | |Case No.: S00-0125 | |Complainant, | |Docket No. 00F-S0125-ROC | |v. | | | |License No. 141195, Class A- | | | |NELSON CONSTRUCTION SERVICES, d.b.a.| |ORDER VACATING HEARING AND | |Nelson Services (Corp), | |RECOMMENDED ORDER OF DISMISSAL | |Respondent | |WITHOUT PREJUDICE | | | | |

This matter is presently scheduled for administrative hearing in the Office of Administrative Hearings on Wednesday, November 15th, 2000, in Sierra Vista, Arizona, at 8:30 a.m. The parties, through counsel, filed in the OAH on October 18th, 2000, their joint stipulation to dismiss, without prejudice to either party, this case. The stated ground for the motion is that the parties are presently litigating this same case and controversy in superior court, and they wish to resolve the matter in that forum. Both parties wish to reserve the right to return to the registrar with this matter, depending on the outcome in superior court. Wherefore, good cause being shown, and pursuant to A.A.C. R2-19- 111.1. and 4, it is hereby ordered that the stipulation is accepted, and the administrative hearing of this matter presently scheduled for November 15th, 2000, is vacated. It is further ordered recommending to the registrar that citation and complaint number S00-0125 be dismissed without prejudice.

Done this day, October 23rd, 2000.

_________________________________ Grant Winston 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

Jonathan Grinder Hinderaker & Rauh, PLC 2401 East Speedway Blvd. Tucson, AZ 85719

Joseph J. DeFrancesco 1201 E. Fry Blvd., Suite 1 Sierra Vista, AZ. 85635

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488