Vacate

08A-2007059-OPM · Office of Pest Management · 2008-10-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | |No. 08A-2007059-OPM | |RICKY JO ENCINAS, Holder of | | | |Applicator | | | |License No. 060922 for Performing | |ORDER VACATING | |Pest | |HEARING | |Management Services in the State of| | | | | | | |Arizona, | | | |Respondent. | | | | | | |

The Arizona State Office of Pest Management (“the Office”) has moved to vacate the hearing under A.A.C. R2-19-111(4) because Respondent has not filed a written answer to the complaint, which furnishes cause under A.A.C. R4-29-705(C) to have the complaint allegations admitted. Respondent has not responded to the motion in the time allowed under A.A.C. R2-19-106(D). Therefore, IT IS ORDERED vacating the hearing that had been scheduled on October 23, 2008 at 1:30 p.m. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Director of the Office for further action. Done this day, October 20, 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

Ricky Jo Encinas 1503 S. Woodland #B Tucson, AZ 85710

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