Vacate

06F-2253-ROC · Registrar of Contractors · 2008-01-07

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing January 14, 2008 pursuant to the Registrar of Contractors’ Notice of Hearing dated November 29, 2007. On January 2, 2008, the parties, by and through their respective counsel, filed the attached correspondence (“motion”) via facsimile with the Office of Administrative Hearings. Therein, the parties related that they had “agreed to jettison the pending R.O.C. complaint…and pursue this matter in civil court if necessary….” As a result, the parties requested that the instant complaint be dismissed/closed without prejudice as to the civil court matter.” For purposes of this matter, and due to the content of the foregoing, the above-referenced correspondence will be deemed to be a motion to vacate the instant hearing pursuant to A.A. C. R2-19-111(1). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for January 14, 2008 at 9:00 a.m. 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. Done this day, January 7, 2008.

_______________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

BTM Builders, LLC 7595 E. McDonald Drive, Ste 130 Scottsdale, AZ 85250

Everett S. Butler, Esq. Dyer & Butler, LLP 2800 North Central Avenue, Suite 100 Phoenix, AZ 85004

Jason Ebe, Esq. Snell & Wilmer LLP 400E Van Buren Phoenix, AZ 85004-2202

Albany Electric Inc 13127 W. Acoma Cir. Surprise, AZ 85379

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

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