VACATE

01F-000198-COS · State Board of Cosmetology · 2001-06-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | Docket No. 01F-000198-COS | | | | | |Carl Holmes, Co-Owner, | |ORDER OF THE ADMINISTRATIVE | |Laura Rogers, Manager, Licensee | |LAW JUDGE ACCEPTING BOARD | |License No. 19815039 | |AMENDED WITHDRAWAL OF | |ANOTHER LEVEL BARBER SHOP | |HEARING; VACATING HEARING AND | |& BEAUTY SALON, | |REMANDING TO AGENCY | |Establishment License No. C01263 | | | | | | |

This matter was scheduled and set for formal administrative hearing to be held on June 20, 2001 pursuant to the Notice of Hearing [dated March 19, 2001] issued by the Arizona State Board of Cosmetology to the parties on April 27, 2001. That Notice recites that “Pursuant to A.R.S. §32- 573(E), Owner shall file with the Board a written answer within 30 days of receipt of this Complaint and Notice of Formal Hearing.” On June 18, 2001, the Board filed its Amended Notice of Withdrawal of Hearing, which recites certain pertinent facts. The Amended Notice states that thirty days has passed since Licensee Laura Rogers signed the return receipt, for the Board’s Notice of Hearing, on May 8, 2001. The Amended Notice states that “No response from Licensee Laura Rogers had been received by the Board.” Under A.R.S. §32-573(E), Licensee Laura Rogers had until June 8, 2001 to file her written answer to the allegations in the Notice of Hearing. According to the Board’s representative’s statements in the Board’s June 18, 2001 Amended Notice of Withdrawal of Hearing, Licensee Laura Rogers did not file a written answer. The time has now passed for that requisite answer. Therefore, pursuant to A.R.S. §32-573(E),

IT IS ORDERED the Board’s June 18, 2001 Amended Notice of Withdrawal of Hearing is ACCEPTED and the formal administrative hearing for Licensee Laura Rogers is vacated from the Office of Administrative Hearings’ calendar and that matter shall be remanded to the Board for any further handling. ORDERED and DATED this day, June 19, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Copy mailed or faxed this ____ day of June, 2001, to:

Laura Rogers 6421 W. Cavalier Drive Glendale, AZ 85301-5023

Bridget Fitzgibbons Harrington Assistant Attorney General 1275 W. Washington, CIV/LES Phoenix, AZ 85007 FAX 602-

Sue Sansom, Executive Director State Board of Cosmetology ATTN: Penny O'Dell 1721 East Broadway Tempe, AZ 85282

By __________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 PH(602) 542-9826/ FAX 542-9827