Vacate

07F-G0021-ROC · Registrar of Contractors · 2007-01-12

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JO ANN MALONE | | | | | | | |COMPLAINANT, | | | | | | | |-v- | |Nos. 07F-G0021-ROC | | | |07F-G0021W-ROC | |License No. 174235, Class KA-05 | | | |DIVING LADY POOLS OF ARIZONA INC | |ORDER VACATING | |dba | |HEARING | |BLUE HAVEN POOLS AND SPAS OF | | | |PHOENIX (CORP) | | | |TWENTY FIRST CENTURY TUCSON INC dba| | | | | | | | | | | |RESPONDENT. | | | | | | |

This matter is scheduled to convene for hearing February 5, 2007 pursuant to the Registrar of Contractors Notice of Hearing dated December 1, 2006. On January 11, 2007, Respondent, by and through Victoria Escarceno, filed via facsimile with the Office of Administrative Hearings the attached correspondence dated January 10, 2007 which is represented to be executed by both parties. Therein, it is stated that Respondent “has completed all outstanding issues,” that Respondent will reimburse Complainant $100.00 for her water bill and that Complainant agrees to “close ROC once check was issued/received.” 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(1). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for February 5, 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 12, 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

Jo Ann Malone 26847 N. 97th Lane Peoria, AZ 85383

Blue Haven Pools and Spas of Phoenix 2602 W. Baseline Rd., #16 Mesa, AZ 85202

Blue Haven Pools and Spas of Phoenix 1015 W. Prince Road, #101 Tucson, AZ 85705

Blue Haven Pools and Spas of Phoenix 2364 S. Airport Blvd., #2 Chandler, AZ 85249

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

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