Vacate

07F-T0233-ROC · Registrar of Contractors · 2007-10-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|BURTON AND SHERI BENTLEY | | Docket No. 07F-T0233-ROC | |COMPLAINANTS, | | | |-v- | | | |License No. 145259, Class KB-02 | |ORDER VACATING HEARING | |H C B DEVELOPMENT AND CONSTRUCTION | | | |INC. (CORP), | | | |RESPONDENT. | | | | | | |

The administrative hearing of this matter is presently scheduled to convene on October 10th, 2007, at 9:00 a.m. On October 3rd, 2007, Complainants, through counsel, filed a “Notice of Dismissal of Complaint Without Prejudice.” The notice states that since the issues have become only about disputed money damages, the Complainants have chosen to take their Complaint and file in civil court. Apparently, Complainants understand that the Registrar of Contractors does not resolve parties’ good faith money and/or contract disputes. The parties were advised in the Registrar’s Notice of Hearing that resolutions short of adjudication such as this would result in the Complaint being listed as Closed as Withdrawn. Wherefore, it is hereby ordered canceling the scheduled hearing, vacating this matter from the OAH docket and remanding same to the Registrar of Contractors for its further action. Done this day, October 4th, 2007.

_____________________________________ Grant Winston 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

Burton & Sheri Bentley 5189 N. Marlin Canyon Place Tucson, AZ 85750

HCB Development and Construction Inc. 9760 S. Camino De La Calinda Vail, AZ 85641-2046

Michael J. Butler, Esq. Butler & Associates, P.L.C. 145 South 6th Avenue Tucson, AZ 85701 By ___________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488