VACATE

01F-RF0725-ROC · Registrar of Contractors · 2001-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JOHN A. LEWIS, | |Docket No. 01F-RF0725-ROC | |Complainant, | | | |-v- | |ORDER VACATING HEARING AND REMANDING| |License No. 144520, Class K-21 of | |TO AGENCY | | | | | |ACACIA DESIGN AND LANDSCAPING, dba | | | |ARTI SCAPES, L.L.C., | | | |Respondent. | | | | | | |

This matter was set for Recovery Fund Payout administrative hearing to be held on November 21, 2001 pursuant to the Notice of Hearing issued by the Arizona Registrar of Contractors (Registrar) on September 10, 2001. On September 11, 2001 and September 13, 2001, the Office of Administrative Hearings received copies of documents (forwarded from the Registrar) with the above case number thereon, stating “Payment in full to John Lewis” and attaching a copy of a check and a release statement. However, the Check was drawn from a contractor other than Respondent, and the release statement did not state that Complainant was withdrawing its complaint or withdrawing its request for administrative hearing. On October 16, 2001, Complainant filed a Letter statement to the Office of Administrative Hearings, indicating that he, in fact, was withdrawing the complaint and the request for administrative hearing. Complainant indicated that he did receive funds that were owed to him through the new company of a former principal of Respondent. Based on the above, 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, October 17, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

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

John Lewis 1743 W. Blue Ridge Way Chandler, AZ 85248

Acacia Design & Landscaping dba ARTI SCAPES, LLC 18047 North Tatum Blvd. Phoenix, AZ 85032

Acacia Design & Landscaping dba ARTI SCAPES, LLC ATTN: James Russell Evans 12440 North 133rd Place Scottsdale, AZ 85259

Acacia Design & Landscaping dba ARTI SCAPES, LLC ATTN: David Joseph Bayster 9222 E. Rimrock Drive Scottsdale, AZ 85255

Acacia Design & Landscaping dba ARTI SCAPES, LLC ATTN: Craig E. Allison 1740 North 16th Ave. Phoenix, AZ 85248

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

By ___________________________

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