Vacate

08F-0244-ROC · Registrar of Contractors · 2008-07-24

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|LONE MOUNTAIN CONCRETE INC | |Case No. 08-0244 | | | |Docket No. 08F-0244-ROC | |COMPLAINANT, | | | | | | | |-v- | |ORDER VACATING SCHEDULED | | | |HEARING AND REMANDING | |License No. 163478, Class B- | |MATTER TO FORWARDING AGENCY | |D M I Contracting Inc dba | | | |DESTANY HOMES BY D M I CONTRACTING | | | |(CORP) | | | | | | | |RESPONDENT. | | | | | | |

Prior to the date set for the hearing in the above-entitled matter and prior to the entry of any ruling on Respondent’s Motion for a Continuance of said hearing date, Complainant filed a written notification that the parties had concluded a settlement agreement resolving the entire underlying matter whereby Respondent had agreed to transmit periodic monthly payments to Complainant until the balance claimed due has been fully paid. Such notification may properly be treated as also effectively requesting that the scheduled hearing be canceled and that the pending administrative action be terminated. In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS ORDERED that the hearing scheduled to convene on August 26, 2008 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. Dated: July 25, 2008. OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Robert. I. Worth Administrative Law Judge

Copies transmitted on ______________________

By: _________________________ , To:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue (Suite 400) Phoenix, AZ 85012 - 1906

ATTN: Jeff Fleetham, Inspector

Lone Mountain Concrete, Inc. 104 West Sabrosa Drive Phoenix, AZ 85087

Thomas Luikens Esq. Ayers & Brown, P.C. 4227 North 32nd Street (First Floor) Phoenix, AZ 85018

Destany Homes by D M I Contracting 18275 North 59th Avenue (Suite #158) Glendale, AZ 85308

-----------------------

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