VACATE

01F-C012188(2)-BFS · Department of Building and Fire Safety · 2002-02-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The administrative hearing of this matter is presently scheduled to be held in the Office of Administrative Hearings, Tucson, on Tuesday, March 5th, 2002, at 1:30 p.m. The complainants filed a motion to vacate the hearing in the OAH on February 14th, 2002. As ground for the motion the complainants state that they no longer wish to have a hearing on their complaint as all the work they had sought to be performed has been completed. A.A.C. R2-19-111.4. provides that an administrative law judge shall vacate a calendared hearing and return the matter to the agency (Department of Building and Fire Safety) when facts demonstrate that doing so is appropriate for informal disposition, furtherance of administrative convenience, expedition and economy, and doing so does not conflict with law and is not unduly prejudicial to another. All these circumstances pertain in this instance. Wherefore, it is hereby ordered granting the motion to vacate. The administrative hearing of this matter is canceled and this matter is remanded to the Department of Building and Fire Safety for its further action. Done this day, February 19th, 2002.

_________________________________ Grant Winston Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2002 to:

N. Eric Borg, Director Department of Building and Fire Safety ATTN: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

Dee and Gary Carstensen P. O. Box 56 Sahuarita, AZ 85629 complainants

Acting Qualifying Party Fleetwood Homes of Arizona, Inc. P. O. 2629 Glendale, AZ 85311-2629 respondent

By _______________________________

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