Vacate

06F-F0231-ROC · Registrar of Contractors · 2007-03-07

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing convened via videoconference at the time, date and place set forth in the Registrar of Contractors Notice of Hearing dated January 22, 2007. At that time, the parties presented evidence and testimony and the hearing concluded. Subsequent to the hearing but prior to the issuance of a recommended decision and order thereon by this tribunal, the parties, on February 5, 2007, filed a Stipulated Notice of Settlement and Withdrawal of Complaint (“Stipulation”). Therein, the parties advised that the matter had been “fully settled and resolved” and requested that “the Administrative Law Judge and the Registrar of Contractors take no further action in this matter and, if necessary, immediately vacate any orders, opinions or other determinations made in this matter.” In that no recommended decision and order has been issued in this matter and in that both parties, being represented by counsel, submit the subject Stipulation knowingly and voluntarily, the Stipulation 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, the referenced Stipulation, and sufficient cause otherwise appearing, IT IS ORDERED that the matter herein be and hereby is VACATED from the docket 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, March 7, 2007.

________________________ Brian E. Smith Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

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

Todd Hixon, Esq. UNS Gas, Inc. and Unisource Energy Services, Inc. One S. Church Avenue, Ste 200 Tucson, AZ 85701

Tonto Supply, Inc. 580 Mohave Avenue Colorado City, AZ 86021

Jennifer B. Campbell, Esq. Vakula Kottke PLC 212 East Gurley Street Prescott, AZ 86301

By ________________________ -----------------------

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