VACATE

00F-Y0021-ROC · Registrar of Contractors · 2000-05-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HYATT REFRIGERATION, INC., | |Case No.: Y00-0021 | |Complainant, | | | | | |Docket No.: 00F-Y0021-ROC | |-v- | | | | | | | |License No. 111440, Class B-01 | | | |Steve Bramley Kelland dba | | | |ALL STAR BUILDERS (INDIV), | |ORDER VACATING HEARING | |Respondent. | |AND RECOMMENDED CLOSURE | | | | |

This matter is presently scheduled for administrative hearing before the Office of Administrative Hearings on May 25th, 2000, in Yuma, Arizona. The controversy is essentially one of an allegation of failure to pay under A.R.S. 32-1154.A.11. Also cited in the Citation and Complaint is A.R.S. 32- 1154.A.7, any other wrongful or fraudulent act. On May 3rd, 2000, the respondent filed with the OAH his written request to vacate the hearing on the ground that the respondent’s account with the complainant had been paid in full. A copy of both a cover letter to the complainant and the respondent’s check to complainant evidencing payment on the account were included by the respondent with the request. On May 8th, 2000, a copy of a letter from the complainant to the Registrar of Contractors was forwarded to the OAH in which the complainant also states that the account has been satisfied, and that complainant seeks to withdraw its complaint, and consider the matter closed. A.A.C. R2-19-111.1 allows for the vacation of a calendared hearing and return of the matter to the agency for further action if the parties agree to vacate the hearing. Wherefore, good cause having been shown the presently scheduled hearing is vacated and this matter returned to the Registrar of Contractors for any further action, with a recommendation that Citation and Complaint No. Y00-0021, together with the complaint on which it is based be closed. Done this day May 9th, 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

All Star Builders 2920 S. Arizona Ave. Yuma, AZ 85364

Hyatt Refrigeration, Inc. 1931 S. Rail; Ave. Yuma, Az 85365

By _______________________________

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