Vacate

06F-M2098-ROC · Registrar of Contractors · 2007-03-19

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing April 4, 2007 pursuant to the Registrar of Contractors’ Notice of Hearing dated February 15, 2007. On March 7, 2007, Respondent filed a correspondence with the Office of Administrative Hearings which alluded to a settlement agreement reportedly entered into by the parties hereto in December 2006 whereby the instant “ROC complaint should be closed out.” Annexed to such correspondence was a letter from Complainants dated December 4, 2006 which also referenced their tentative settlement agreement with Respondent. As a result of the foregoing, this tribunal issued a Minute Entry on March 8, 2007 whereby the parties were provided until March 15, 2007 to file a Notice of Intention to proceed to a hearing in this matter or else the hearing herein would be vacated pursuant to A.A.C. R2-19-111(1). Neither party filed the requisite Notice in the time allotted. Based on the foregoing, the absence of an Notice of Intention to proceed to a hearing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for April 4, 2007 be and hereby is VACATED form 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, March 19, 2007.

_______________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2007 to:

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

Steven & Lisa Norlin 18521 E. Queen Creek Road, Ste 105-#167 Queen Creek, AZ 85242

KB Home Phoenix, Inc. 432 N. 44th Street, Ste 400 Phoenix, AZ 85008

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

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