VACATE

01F-2766-ROC · Registrar of Contractors · 2001-11-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter was scheduled for formal administrative hearing to be held on November 8, 2001, pursuant to the Notice of Hearing issued by the Arizona Registrar of Contractors (Registrar) on August 22, 2001. On November 1, 2001, counsel for Complainant filed a Motion to Dismiss Without Prejudice and To Vacate the matter. Counsel recites that “Due to personal and financial reasons, Down-Rite Floors no longer wishes to pursue the above matter.” Counsel recites that a dismissal and vacating of the matter will not cause undue prejudice to Respondent. The Motion was provided to Respondent, but does not state the position of Respondent in this regard. The Burden of Proof on the allegations in Complainant’s filed Complaint lay with Complainant. Complainant no longer wishing to pursue the matter, no reasonable purpose can be served by conducting the scheduled administrative hearing. Therefore, IT IS ORDERED the hearing in this matter is VACATED and the matter is REMANDED to the Registrar for any further handling. ORDERED and DATED this day: November 2, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Copy mailed this ____ day of November, 2001, to:

Floor Covering Installation dba Carpet and Tile Installations 525 W. Baseline Road Mesa, AZ 85210 Respondent

Down Rite-Floors, Inc. 4613 E. Fox Circle Mesa, AZ 85205 Complainant

Rory L. Whipple, Esq. Heywood & Associates PC 510 S. Greenfield Rd., Ste. 3 Mesa, AZ 85206 Counsel for Complainant

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

By ___________________________ -----------------------

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