Vacate

05F-M2024-ROC · Registrar of Contractors · 2005-12-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On December 13, 2005, Complainants filed a NOTICE OF RESOLUTION AND MOTION TO VACATE THE HEARING scheduled to convene on December 14, 2005. As there are no other motions pending and as the MOTION TO VACATE THE HEARING has been voluntarily entered;[1] IT IS ORDERED that the Hearing scheduled to convene on December 14, 2005 at 9:00 A.M. be and is hereby vacated from the calendar of the Office of Administrative Hearings. IT IS RECOMMENDED that the Registrar of Contractors close Complaint No. M05-2024.

Done this 14th day of December 2005.

_________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this 14th day of December 2005 to:

Israel G. Torres, Director Registrar of Contractors Att’n: Alicia Guerra 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

----------------------- [1] David Banks appeared for the Hearing, along with Inspector Clark of the Registrar of Contractors. Having read the e-mail transmission of the Cooks, wherein was stated “we desire to waive this hearing,” Mr. Banks indicated that he is not in total agreement with the Cooks’ representations vis-à-vis the terms of any understanding between the parties that may have induced the Cooks to file the motion. The Administrative Law Judge has chosen to vacate the Hearing (rather than to issue a default recommendation) under A.A.C. R2-19-111(4) and principles of analysis derived from ARIZONA RULES OF CIVIL PROCEDURE Rule 41(a).

-----------------------

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