Vacate

06F-M2454-ROC · Registrar of Contractors · 2007-02-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing convened at the time, date and place set forth in the Registrar of Contractors’ Notice of Hearing dated January 23, 2007. Complainants Justin and Marilyn Kratter appeared and were represented by counsel, Marci A. Kratter. Respondent appeared by and through counsel, John E. DeWulf. Prior to the presentation of any testimony or evidence, counsel for Complainants advised this tribunal that Complainants wished to withdraw their complaint and not proceed with the hearing. Counsel for Respondent advised that Respondent had no objection. For purposes of this matter, Complainants’ representations 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 28, 2007 at 1:30 p.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, February 28, 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

Shasta Pools & Spas 3750 W. Indian School Road Phoenix, AZ 85019

John E. DeWulf, Esq. Roshka, Heyman & DeWulf, PLC 400 E. Van Buren, Suite 800 Phoenix, AZ 85004-2262

Justin & Marilyn Kratter 7625 E. Via Del Placito Scottsdale, AZ 85258

Marci A. Kratter, Esq. Law Offices of Marci A. Kratter W. Jefferson, Ste. 512 Phoenix, AZ 85003

By _______________________ -----------------------

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