Vacate

08F-2373W-ROC · Registrar of Contractors · 2008-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pending before the Office of Administrative Hearings is a Notice of Settlement submitted on July 8, 2008, prior to the time set for hearing. (Attached hereto is a copy of the Notice.) Pursuant to the Notice, the parties have requested that the hearing in this matter, scheduled for July 8, 2008 at 1:30 p.m., be vacated for the reason that “the parties in this action have reached a settlement of all claims asserted in this case.”[1] The parties did not appear for hearing. 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, July 9, 2008.

_________________________________ Sondra J. Vanella Administrative Law Judge

Copy transmitted by mail this _____ day of July, 2008 to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

Thomas Demark 8301 North 58th Place Paradise Valley, AZ 85253

Joshua Grabel, Esq. Snell & Wilmer, L.L.P. One Arizona Center 400 East Van Buren Phoenix, AZ 85004-2202 Attorneys for Respondent

By _______________________________

----------------------- [1] The Notice also requests a 60 day continuance in order for the parties to effectuate the settlement. The parties were advised on July 8, 2008, prior to the time set for hearing, via telephone call from the Office of Administrative Hearings, that a continuance would not be granted, and that if the parties did not appear for hearing, the hearing would be vacated. On July 7, 2008 a Joint Motion to Postpone Scheduled Hearing was submitted through Respondent’s counsel. The parties requested a continuance of the July 8, 2008 hearing in this matter “to allow the parties to continue settlement negotiations”. The Joint Motion was denied as untimely pursuant to A.A.C. R2-19-106(C), and for lack of good cause.

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