Vacate

08F-2382-ROC · Registrar of Contractors · 2009-01-22

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing January 22, 2009 pursuant to the Registrar of Contractors’ Notice of Hearing dated December 19, 2008. On January 14, 2009, Respondent, by and through counsel, filed the attached Notice of Settlement with the Office of Administrative Hearings which advised that the parties had settled the claims in this matter and that “a stipulation to dismiss with prejudice will filed [sic] upon the completion of the settlement documents….” As of January 21, 2009, no settlement documents and/or stipulation to dismiss had been submitted to this tribunal. As a result, by Minute Entry dated January 21, 2009, the undersigned advised that parties that if either chose to proceed on the merits, that party was required to file a Notice of Intention to do so before 5:00 p.m. that day.[1] The parties were further advised that their failure to submit a Notice of Intention shall be deemed to be an agreement by the parties to vacate the hearing pursuant to A.A.C. R2-19-111(1). Neither party filed the requisite Notice of Intent in the time allotted and, as of the preparation of this Order, no communications have been received from the parties regarding their intent to proceed on the merits at the scheduled hearing. Based on the foregoing, the above-referenced Notice of Settlement, and good cause appearing, IT IS ORDERED that the hearing in this matter set for January 22, 2009 at 1:30 p.m. 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 further appropriate action. Done this day, January 22, 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

Statewide Electric 175 S. Hamilton Pl., Bldg. 1, Ste. 101 Gilbert, AZ 85233

American Construction Corp. 7620 N. Hartman Lane, #122 Tucson, AZ 85743

Nathaniel B. Rose, Esq. Mohr, Hackett, Pederson, Blakley & Randolph, P.C. 2800 N. Central Ave., Ste. 1100 Phoenix, AZ 85004-1043

By _________________________ ----------------------- [1] The referenced Minute Entry was sent to the parties’ respective counsel via facsimile on January 21, 2009.

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