VACATE

01F-O012021-BFS · Department of Building and Fire Safety · 2001-10-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pending before the Office of Administrative Hearings is Respondent’s Motion to Continue Hearing submitted on October 18, 2001. Pursuant to the Motion, counsel for Respondent, Carlos Estrada, has requested that the hearing in this matter, currently scheduled for November 1, 2001, be continued for the reason that he has prepaid travel plans and will be out of town on the hearing date. Mr. Estrada further indicated that he did not receive the Notice of Hearing until October 15, 2001. Also pending before the Office of Administrative Hearings is Complainant’s Response to Motion for Continuance and, In the Alternative, Motion to Vacate, submitted on October 18, 2001. Pursuant to the Response and Alternative Motion, Assistant Attorney General M. Elizabeth Burns indicates that the Notice of Hearing filed by the agency is deficient in that it was served on Respondent less than thirty days before the hearing, thereby failing to comply with the requirements of A.R.S. § 41-1092.05(D). Ms. Burns requests that the hearing either be reset or vacated pursuant to A.A.C. R2-19-111(4) and remanded to the agency so that a new Notice of Hearing in compliance with A.R.S. § 41-1092.05(D) may be issued to Respondent. Based on the above, IT IS HEREBY ORDERED VACATING this matter from the docket of the Office of Administrative Hearings and remanding it to the Director of the Department of Building and Fire Safety for issuance of a new Notice of Hearing that complies with A.R.S. § 41-1092.05(D). Done this day, October 18, 2001.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of October, 2001, to:

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

M. Elizabeth Burns Assistant Attorney General Office of the Attorney General 1275 West Washington CIV/LES Phoenix, AZ 85007

Carlos L. Estrada, Esq. 5134 North Central Avenue, Suite 101 Phoenix, AZ 85012 Attorney for Respondent

By _______________________________

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