Vacate

06F-M0020-ROC · Registrar of Contractors · 2006-02-22

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|MARK AND COLLEN MCKAY | | | | | | | |COMPLAINANT, | |No. 06F-M0020-ROC | | | | | |-v- | |ORDER VACATING | | | |HEARING | |License No. 118883 Class B- | | | |DONN CONTRACTING L L C (LLC) | | | | | | | |RESPONDENT. | | | | | | |

This matter was scheduled to convene for hearing February 22, 2006 pursuant to this tribunal’s November 21, 2005, Order re: Continued Hearing Date. On February 21, 2006, counsel for Complainants, Raul Garza, Jr., filed the attached Notice of Settlement and Request to Vacate February 22, 2006 Trial Date (“notice”) with the Office of Administrative Hearings. Therein, Complainants advised that they had reached a settlement regarding this matter and requested that the hearing be vacated. For purposes of this matter, and due to the content thereof, the above-referenced notice will be deemed to be a motion to vacate the instant hearing pursuant to A.A.C. R2-19-111(4). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for February 22, 2006 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 further appropriate action. Done this day, February 22, 2006.

______________________ Brian E. Smith Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2006 to:

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

Donn Contracting LLC 16331 E. Chandler Heights Rd Gilbert, AZ 85297

Mark & Colleen McKay 21731 S 140th Chandler, AZ 85249

Raul Garza, Jr., Esq. 7325 North 16th Street, Suite 150 Phoenix, AZ 85020

By __________________________ -----------------------

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