Vacate

08A-2007053-OPM · Office of Pest Management · 2008-10-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona Office of Pest Management (“the Office”) has moved to deem the complaint allegations admitted under A.A.C. R4-29-705(C) because Respondent has not claimed the Complaint and Notice of Hearing that the Office sent via certified mail to his last known address of record and has not filed an answer to the Complaint. If the Administrative Law Judge grants the motion to deem the complaint allegations omitted, the Office moves to vacate the hearing. Under A.A.C. R4-29-705(C) and A.A.C. R2-19- 111, IT IS ORDERED vacating the hearing that had been scheduled on October 23, 2008 at 9:00 a.m. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Director of the Office with the recommendation that the complaint allegations be deemed admitted, that the appeal be dismissed, and that appropriate action be taken against the Respondent’s license. Done this day, October 3, 2008.

_________________________________ Diane Mihalsky Administrative Law Judge

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

Ellis M. Jones, Acting Director Office of Pest Management c/o Vince Craig 9535 E. Doubletree Ranch Road, Scottsdale, AZ 85258-5514

Manuel Gavino Mendibles 5000 S. Country Club #7104 Tucson, AZ 85706

Keely Verstegen, Esq. Assistant Attorney General 1275 West Washington Street, CIV/LES Phoenix, AZ 85007-2926

By _______________________________

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