Vacate
08F-2041-ROC · Registrar of Contractors · 2009-01-20
OFFICE OF ADMINISTRATIVE HEARINGS
|Lonnie Jay Parker dba | | | |PARKER CONCRETE | | | | | | | |COMPLAINANT, | | | |-v- | | | | | | | |License No. 234548, Class KB-01 | | | |AVILA DEVELOPMENT L L C (LLC) | | | | | |Nos. 08F-1817-ROC | |RESPONDENT. | |08F-2041-ROC | | | | | | | |ORDER VACATING | | | |HEARING | |AVILA DEVELOPMENT L L C | | | | | | | | | | | |COMPLAINANT, | | | | | | | |-v- | | | | | | | |License No. 106202, Class C-09 of | | | |Lonnie Jay Parker dba | | | |PARKER CONCRETE | | | | | | | |RESPONDENT. | | | | | | |
The hearing in these consolidated matters is scheduled to convene for hearing January 21, 2009 pursuant to the notices of hearing issued in each matter on December 18, 2008. On January 16, 2009, counsel for Avila Development (“Avila”) filed via facsimile with the Office of Administrative Hearings the attached correspondence (“motion 1”) wherein he advised that “the referenced matters have been settled and that the hearing…may be vacated and cancelled.” On January 19, 2009, Lonnie J. Parker, for and on behalf of Parker Concrete (“Parker”) filed via facsimile with the Office of Administrative Hearings the attached correspondence (“motion 2”) wherein he confirmed “the notice advising of the settlement set by John T. Gilbert, Attorney for Avila…[that] Complaints #08-1817 and #08-2041 were both settled…. For purposes of these consolidated matters, the above-referenced motions will collectively be deemed to be a motion to vacate the instant hearing pursuant to A.A.C. R2-19-111(1). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing of these consolidated matters set for January 21, 2009 be and hereby is VACATED from the calendar of the Office of Administrative Hearings; and, IT IS FURTHER ORDERED that these consolidated matters be remanded to the Registrar of Contractors for appropriate further action. Done this day, January 20, 2009.
_______________________ Brian E. Smith Administrative Law Judge
Copy mailed this ____ day of ______________, 2009 to:
Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012
Avila Development, LLC 3916 W. Aire Libre Ave. Phoenix, AZ 85053
John T. Gilbert, Esq. Alvarez & Gilbert 14500 N. Northsight Blvd. Suite 216 Scottsdale, AZ 85260-1001
Parker Concrete P.O. Box 82906 Phoenix, AZ 85071
By __________________________ -----------------------
Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826