VACATE

02F-L002008-BFS · Department of Building and Fire Safety · 2002-03-13

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, tomorrow morning, March 12th, 2002. The petitioners filed a notice of their withdrawal of their complaint in this matter in the Department of Building and Fire Safety. Petitioners failed to file the notice with the OAH. The notice was forwarded to the OAH by counsel for the respondents today, March 11th, 2002. Respondents stated their request that the hearing therefore be dismissed with prejudice. A.A.C. R2-19-111.3. and 4., respectively, provide that an administrative law judge shall vacate a calendared hearing and return the matter to the agency (in this case the Department of Building and Fire Safety) when the non-agency party withdraws the appeal (or complaint), or the facts demonstrate to the administrative law judge that vacating the hearing is appropriate if the action will further administrative convenience, expedition and economy, and does not conflict with law or cause undue prejudice to any party. Both of these circumstances obtain at present. Wherefore, it is hereby ordered that the administrative hearing set for this matter on March 12th, 2002, is vacated and the matter returned to the Department of Building and Fire Safety with a recommendation for dismissal in a manner to be determined by that agency.

Done this day, March 11th, 2002.

______________________________________ Grant Winston Administrative Law Judge

Copy mailed this ____ day of ______________, 2002 to:

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

Roger and Rita Rouser San Pedro Mobile Home and RV Territory 1110 S. Hwy 80, #123 Benson, AZ 85602 petitioners

John A. Buric Warner, Angle, Hallam, Jackson and Formanek, PLC 3550 N. Central Ave.., Suite 1500 Phoenix, AZ 85012-2188 attorneys for respondents

By ___________________________

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