Vacate

07F-1856-ROC · Registrar of Contractors · 2007-10-17

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing November 7, 2007 pursuant to the Registrar of Contractors’ Notice of Hearing dated October 5, 2007. On October 5, 2007, Complainant filed with the Registrar of Contractors the attached correspondence (“motion”) wherein he advised that he had reached a “mutual agreement via telephone” with Respondent whereby each party would “drop” their respective claims against the other. Complainant conditioned his acceptance of the settlement on Respondent’s submitting its written request to drop the matter to the Registrar. A copy of Complainant’s motion was received by the Office of Administrative Hearings on October 15, 2007. On October 10, 2007, Respondent filed the attached correspondence with the Registrar of Contractors wherein it related that it agreed, in essence, to drop its claim against Complainant in exchange for Complainant’s above-referenced motion. This tribunal received a copy of Respondent letter on October 13, 2007. For purposes of this matter, the parties’ respective correspondences will be deemed to be a stipulation to vacate the instant hearing pursuant to A.A.C. R2-19-111(1). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for November 7, 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, October 17, 2007.

________________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2007 to:

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

Justin Anderson 4311 N. 68th Pl. Scottsdale, AZ 85251

Accurate Plumbing P.O. Box 15542 Phoenix, AZ 85060-5542

By ________________________ -----------------------

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