Vacate
08F-2287-ROC · Registrar of Contractors · 2009-03-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|HAROLD H. SMITH AND | |No. 08F-2287-ROC | |WANDA M. SMITH | | | | | | | |COMPLAINANTS, | |ORDER VACATING | |-v- | |HEARING | | | | | |License No. 180851, Class KB-02 of | | | |LEOS ENTERPRISES, INC. dba | | | |LEOS CONSTRUCTION (CORP) | | | | | | | |RESPONDENT. | | | | | | |
The hearing of this matter was scheduled to convene on March 17, 2009 at 9:00 a.m. On the date and at the time set for hearing, Complainants Harold and Wanda Smith appeared on their own behalf. Will and Lorann Leos appeared on behalf of Respondent Leos Enterprises, Inc., doing business as Leos Construction (“Leos”). During the course of the hearing, the Smiths indicated that all items about which they complained in the instant complaint have been resolved. The Smiths wished to proceed to hearing regarding an issue that was not specified in their filed complaint. The Administrative Law Judge explained to the parties that the tribunal does not have jurisdiction over an issue that was not addressed in the filed complaint, and that such issue was outside the scope of this administrative hearing unless Leos acquiesced to hearing the matter and waived its due process right to notice. Leos objected to proceeding to hearing on the separate issue, and the Smiths indicated that because they are not pursuing any items of this complaint, they will file a separate complaint regarding the additional items of complaint. As such, the Administrative Law Judge advised the parties that the hearing would be vacated and the matter remanded to the Registrar of Contractors for appropriate disposition. Based on the above, IT IS HEREBY ORDERED VACATING this matter from the docket of the Office of Administrative Hearings and remanding it to the Registrar of Contractors for appropriate disposition.
Done this day, March 30, 2009.
_________________________________ Sondra J. Vanella Administrative Law Judge
Copy transmitted by mail this _____ day of March, 2009 to:
William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 North Central Avenue Phoenix, AZ 85012
By _______________________________
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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826