Vacate

06F-M2477-ROC · Registrar of Contractors · 2007-01-25

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing February 21, 2007 pursuant to the Registrar of Contractors’ Notice of Hearing dated January 5, 2007. On January 9, 2007, Complainant filed with the Registrar of Contractors the attached correspondence (“motion”) wherein she advises that she “canceled the hearing back on November 14, 2006.” Attached to the motion is a letter dated November 14, 2006 from Complainant to the Registrar of Contractors indicating that she had “settled” with Respondent and that “a hearing is not necessary.” A copy of the instant motion with attachment was received by the Office of Administrative Hearings on January 24, 2007.[1] For purposes of this matter, and due to the content of the foregoing, the above-referenced correspondence 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 21, 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, January 25, 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

Lynn Smith 1141 S. Mara Drive Apache Junction, AZ 85220

Express Home Services LLC 8028 N. 27th Ave. Phoenix, AZ 85051

By ___________________ ----------------------- [1] A review of the file maintained by the Office of Administrative Hearings indicates that Complainant’s November 14, 2006 letter was never received by this tribunal.

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