Vacate OVAC

07F-2312-BOA · Board of Appraisal · 2008-07-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona State Board of Appraisal (“the Board”) has requested that the hearing in these consolidated matters be continued until December 2008 to allow it to investigate two additional complaints, refer the new complaints to the Office of Administrative Hearings (“OAH”), and consolidate the two additional matters with the five matters that have previously been referred for hearing. Respondent has not responded to the motion to continue in the time allowed. Because the two additional matters have not yet been referred to OAH, it lacks any jurisdiction over them. OAH generally attempts to schedule hearings within the 60 days required by A.R.S. § 41-1092.05(A)(1). In this case, Respondent has waived that requirement by failing to oppose the requested continuance. Sufficient time remains for the Board to refer all matters for a new hearing in December when it completes its investigation in the two new complaints. Therefore, IT IS ORDERED vacating the hearing that had been scheduled on August 6, 2008 at 9:00 a.m., without prejudice to the Board’s right to refer the matters back to OAH. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Executive Director of the Board for further action. Done this day, July 7, 2008.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of July, 2008 to:

Deborah G. Pearson, Executive Director Arizona Board of Appraisal 1400 W. Washington St., Suite 360 Phoenix, AZ 85007 Jon D. Schneider, Esq. Schneider & Onofry, P.C. 3101 N. Central Ave., Ste. 600 Phoenix, AZ 85012 Jeanne M. Galvin, Esq. Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007

By _______________________________

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