Vacate

05F-M2149-ROC · Registrar of Contractors · 2006-01-09

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|NICHOLAS CONSOLIDATED INC | | | | | |No. 05F-M2149-ROC | |COMPLAINANT, | | | | | |ORDER VACATING | |-v- | |HEARING | | | | | |License No. 131661, Class K-39 | | | |R AND M REFRIGERATION INC (CORP) | | | | | | | |RESPONDENT. | | | | | | |

This matter is scheduled to convene for hearing on January 23, 2006 pursuant to the Registrar of Contractors’ Notice of Hearing dated November 14, 2005. On January 9, 2006, Complainant, by and through counsel, filed the attached email with the Office of Administrative Hearings wherein it states that “Complainant no longer wishes to pursue an administrative Remedy. (sic)” For purposes of this matter, and due to the content thereof, the above-referenced email will be deemed to be a motion to vacate the instant hearing pursuant to A.A.C. R2-19-111(4). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for January 23, 2006 at 9:00 a.m. be and hereby is VACATED form the calendar of the Office of Administrative Hearings; and, IT IS FURTHER ORDERED that this matter be remanded to the Registrar of Contractors for appropriate further action. Done this day, January 9, 2006.

_______________________ Brian E. Smith Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2006 to:

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

R and M Refrigeration, Inc. P.O. Box 6948 Glendale, AZ 85312-6948

Nicholas Consolidated Inc 3333 E. Vernon Phoenix, AZ 85063

Nicholas Consolidated, Inc. P.O. Box 23340 Phoenix, AZ 85063

Mark A. Kirkorsky, Esq. 4025 S. McClintock Drive, Ste 208 Tempe, AZ 85282

By _________________________ -----------------------

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