Vacate, Supplemental, ORDER VACATING HEARING, mailed to the parties

06F-1980-ROC · Registrar of Contractors · 2007-09-06

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On August 14, 2007, Administrative Law Judge Gary B. Strickland transmitted an Order vacating the hearing in the above-entitled matters. Judge Strickland is no longer with the Office of Administrative Hearings. A review of Judge Strickland’s Order reflects that neither the caption nor the text explicitly included Respondent Meritage Home Construction Inc., the respondent in 06F-1980W-ROC. Based on Complainants’ NOTICE OF WITHDRAWAL of their Complaint,[1] filed August 13, 2007, it is clear that Complainants intended their withdrawal to include that Respondent. REVISED RECOMMENDATION IT IS RECOMMENDED that the Registrar close Complaint Nos. 06-1980 involving License No. 123401, Class B-Monterey Homes Construction Inc (Corp, and 06-1980W, involving License No. 166223, Class B- Meritage Homes Constructions Inc (Corp).

Done this 6th day of September 2007.

____________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _______ day of September 2007 to:

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

Donald and Diane Dipiero 3679 Sugarbush Dr. Canfield, OH 44406

Wilenchik & Bartness, PC Tyler Swensen, Esq. 2810 N. 3rd Street Phoenix, AZ 85004 Attorney for Respondents

By _______________________________

----------------------- [1] A copy of which is attached hereto.

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