Vacate

08F-1127-ROC · Registrar of Contractors · 2008-09-22

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Curtis Duane Cornwell dba | | | |COURTESY ROOFING | | | | | | | |COMPLAINANT, | | | | | |No. 08F-1127-ROC | |-v- | | | | | |ORDER VACATING | | | |HEARING | |License No. 160840, Class KB-01 | | | |G B C CONSTRUCTION AND DEVELOPEMENT| | | |L L C (LLC) | | | | | | | | | | | |RESPONDENT. | | | | | | | | | | | | | | |

This matter is scheduled to convene for hearing September 29, 2008 pursuant to the Registrar of Contractors’ Notice of Hearing dated August 25, 2008. On September 16, 2008, the Office of Administrative Hearings received the attached correspondence from the Registrar of Contractors regarding a “Properly File Bankruptcy – by GBC Construction and Development, LLC, License No. 160840.” Therein, the ROC advised and confirmed that the Respondent herein filed for Chapter 7 bankruptcy protection on September 5, 2008 in Case No. 2:08:bk-11799-RJH in United States Bankruptcy Court, District of Arizona. As a direct result of that bankruptcy petition, there now exists an automatic stay of proceedings against Respondent pursuant to 11 U.S.C § 362(a). Based on the foregoing, and good cause appearing, IT IS ORDERED that the hearing in this matter set for Monday, September 29, 2008 be and hereby is VACATED from the calendar of the Office of Administrative Hearings: and, IT IS FURTHER ORDERED that the matter be remanded to the Registrar of Contractors for further appropriate action. IT IS ALSO RECOMMENDED that the Citation in Case No. 08-1127, together with the complaint upon which it is based, be closed unless and until Complainant files a notice with the Registrar of Contractors that it has obtained relief from the Bankruptcy Court from the aforesaid automatic stay. Done this day, September 22, 2008.

________________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2008 to:

Armando Contreras, Acting Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

GBC Construction and Development, LLC P.O. Box 715 Gilbert, AZ 85734

Courtesy Roofing 17639 S. 144th St. Gilbert, AZ 85297

By __________________________ -----------------------

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