Vacate

06F-1973-ROC-res · Registrar of Contractors · 2007-01-25

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JACKSON DEAN CONSTRUCTION INC | |Case No. 06-1973 | | | |Docket No. 06F-1973-ROC-res | |COMPLAINANT, | | | | | | | |-v- | | | | | |ORDER VACATING SCHEDULED | |License No. 085423, Class L-11 | |HEARING AND REMANDING | |J F K ELECTRICAL CONTRACTING | |MATTER TO FORWARDING AGENCY | |ENTERPRISES INC | | | | | | | |RESPONDENT. | | | | | | |

Very shortly prior to the date set for the hearing in the above- entitled matter, both parties filed a written stipulation confirming that the underlying complaint was being withdrawn by Complainant with the mutual understanding and agreement that the actions alleged therein did not constitute a violation of the wrongful act provisions set forth in A.R.S. §32-1154(A)(7), as charged in the issued Citation. Such stipulation also expressly requested that the scheduled hearing be canceled and vacated, thereby effectively warranting the termination of the pending administrative action. A copy of the parties’ filed stipulation shall be attached to the copy of this Order sent to the Registrar.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS ORDERED that the hearing scheduled to convene on Tuesday, January 30, 2007 be and hereby is VACATED from 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 under all

the circumstances, including a review and evaluation of the contents of the stipulation filed by the parties.

Dated: January 26, 2007. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on ______________________

By: _________________________ , To:

Fidelis V. Garcia, Acting Director Registrar of Contractors Legal Department 800 West Washington Street (6th Floor) Phoenix, AZ 85007

Robert A. Shull, Esq. Mariscal Weeks McIntyre & Friedlander, P.A. 2901 North Central Avenue (Suite 200) Phoenix, AZ 85012-2705 Fax No.: (602)285-5100

John Krecek, President JFK Electrical Contracting Enterprises, Inc. 1439 West San Angelo Street Gilbert, AZ 85233 Fax No.: (480)926-3504 -----------------------

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