Vacate

06F-M2025-ROC · Registrar of Contractors · 2007-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing in this matter convened on March 13, 2007, at 1:30 p.m. Complainant appeared personally and Respondent appeared through counsel. Complainant requested that the hearing be continued due to his health. That request was granted and the hearing rescheduled for April 4, 2007 at 9:00 a.m. On March 13, 2007, Respondent filed a motion to dismiss due to statute of limitations. A ruling on the motion was required to be made on April 2, 2007. Complainant did not timely file a response to the motion. The motion was denied on April 2, 2007. On April 3, 2007, Complainant filed a request to vacate the hearing, a copy of which is attached to this Order. In that filing he wrote “I have no documentation to dispute respondent’s motion to dismiss.” In view of that statement, it is determined that good cause exists for reconsidering Respondent’s motion to dismiss. Upon further review and reconsideration of Respondent’s motion and Complainant’s belated response addressing the motion, as well as the entire record in this matter, IT IS ORDERED that the denial of the motion be set aside. IT IS FURTHER ORDERED that the hearing scheduled for April 4, 2007 at 9:00 a.m. be vacated from the calendar of the Office of Administrative Hearings, and that this matter be remanded to the Registrar of Contractors with the recommendation that Respondent’s motion to dismiss based upon Complainant’s failure to timely file his complaint be granted. Done this day, April 3, 2007.

_________________________________ Brian Brendan Tully Administrative Law Judge

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

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

Curtis Ensign, Esq. Law Offices of Curtis D. Ensign 3225 North Central Avenue, Suite 1609 Phoenix, AZ 85012 FAX NO.: 602.266.3353 Email: [email redacted]

Terry Sharp 3475 E. County Down Drive Chandler, AZ 85249

By _______________________________

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