Vacate

06F-L0526W-ROC · Registrar of Contractors · 2007-01-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pending before the Office of Administrative Hearings is Respondent’s Motion to Vacate or, alternatively, to Continue Hearing filed January 8, 2007. Complainant filed a response in opposition to granting any continuance. Complainant did not address, however, Respondent’s Motion to Vacate. Respondent based its Motion to Vacate on the contention that these consolidated cases are simply a duplicate of the matter of Flow Products v. Conwest Group Inc, 06F-L0525-ROC. That matter went to administrative hearing on December 14, 2006, before Administrative Law Judge Brian E. Smith. The Office of Administrative Hearings transmitted Administrative Law Judge Smith’s Decision and Recommended Order to the Registrar of Contractors on January 3, 2007. The Registrar of Contractor’s response is due on February 7, 2007. Complainant did not controvert Respondent’s contention that these matters are merely a duplication of the matter heard at hearing on December 14, 2006. In view of the foregoing, IT IS ORDERED vacating the hearing in this matter from the docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Registrar of Contractors for further appropriate disposition. Done this day, January 17, 2007.

_________________________________ Marianne T. Bayardi 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

Conwest Group Inc. 3700 E. Anne Street Phoenix, Arizona 85040

Flow Products c/o Brian R. Traub 3022 S. 52nd Street Tempe, Arizona 85282

By _______________________________

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