Vacate

06F-M2234-ROC · Registrar of Contractors · 2007-01-22

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter was scheduled to convene for hearing January 22, 2007 pursuant to the Registrar of Contractors’ Notice of Hearing dated December 7, 2006. On January 22, 2007, prior to convening the hearing, the parties, through their respective counsel, requested an opportunity to discuss the resolution of their disputes outside the presence of the Administrative Law Judge. As a result of the above-referenced discussion and prior to the presentation of any testimony or evidence, the parties, through counsel, advised this tribunal that a settlement agreement had been reached the terms of which the parties opted not to put on the record. In lieu thereof, the parties, through counsel, advised that Complainants desired to withdraw their complaint herein and the parties stipulated to the dismissal with prejudice of same and the vacating of the instant hearing pursuant to A.A.C. R2-19-111(1).[1] Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for January 22, 2007 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 appropriate further action. Done this day, January 22, 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

Arthur Pederson, Esq. Mohr, Hackett, Pederson, Blakley & Randolph, P.C. 2800 N. Central Ave., Ste. 1100 Phoenix, AZ 85004-1043

US Home of Arizona Construction Co. 1150 W. Grove Parkway Suite #110 Tempe, AZ 85283

Richard Valentine 20604 S. 186th Place Queen Creek, AZ 85242

James P. Abdo, Esq. Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 North Central Avenue, Suite 200 Phoenix, AZ 85012-2705

By ________________________ ----------------------- [1] Prior to commencing settlement negotiations, this tribunal advised the parties and counsel of the Registrar’s policy regarding closed cases based on settlement, resolution and withdrawal.

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