Vacate

07F-R0018-ROC · Registrar of Contractors · 2007-01-23

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|REGISTRAR OF CONTRACTORS | | | | | | | |COMPLAINANT, | | | | | |No. 07F-R0018-ROC | |-v- | | | | | |ORDER VACATING | |License No. 172469, Class KB-02 of | |HEARING | |BORMAN CONSTRUCTION ENTERPRISES INC| | | |(CORP) | | | | | | | |RESPONDENT. | | | | | | | | | | | | | | | | | | |

This matter was scheduled to convene for hearing January 23, 2007 pursuant to the Registrar of Contractors’ Notice of Hearing dated December 7, 2006. On January 23, 2007, prior to convening the hearing, the Registrar of Contractors issued its Order of Dismissal Without Prejudice and Expedited Request to Vacate Hearing (“Order”). For reasons stated therein, the Registrar ordered that the Citation and Complaint issued in Case No. R07- 0018 be dismissed with prejudice and requested that the hearing herein be vacated by the Office of Administrative Hearings. The Order further notes that the Registrar has conferred with counsel for Respondent and Respondent does not object to the dismissal without prejudice. Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for January 23, 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 23, 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

Borman Construction Enterprises, Inc. 11259 E. Via Linda, Ste 100 PMB 985 Scottsdale, AZ 85259

Mona Peugh Baskin, Esq. Office of the Attorney General 1275 West Washington Avenue Phoenix, AZ 85007

By _________________________ -----------------------

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