Vacate

07F-M2333-ROC · Registrar of Contractors · 2008-02-11

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ARTHUR W TATE | | | | | | | |COMPLAINANT, | | | | | |No. 07F-M2333-ROC | |-v- | | | | | |ORDER VACATING | | | |HEARING | |License No. 228203, Class K-07, | | | |SOUTHWESTERN CUSTOM CONSTRUCTION L | | | |L C (LLC) | | | | | | | |RESPONDENT. | | | | | | | | | | | | | | | | | | |

This matter is scheduled to convene for hearing February 20, 2008 pursuant to the Registrar of Contractors’ Notice of Hearing dated January 11, 2008. On February 8, 2008, Complainant Arthur W. Tate filed the attached correspondence with the Office of Administrative Hearings wherein he related that the parties “have resolved the dispute to [their] satisfaction…” and that “there will be no need for the hearing….” 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 20, 2008 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, February 11, 2008.

_______________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

Arthur W. Tate Jr. 2517 E. Lost Dutchman Blvd. Apache Junction, AZ 85219

Southwestern Custom Construction LLC 10151 E. Caballero St. Mesa, AZ 85207

Michael G. Wales, Esq. The Wales Law Firm PC 15849 N. 71st St Suite 100 Scottsdale, AZ 85254

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

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