Vacate

08F-DI-210-REL · Department of Real Estate · 2008-09-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona Department of Real Estate (“the Department”) has requested that the Administrative Law Judge deem the allegations in the Complaint and Notice of Hearing (“the Complaint”) in this matter admitted under A.A.C. R4-28-1304(B) based on Respondent’s failure to file a written answer to the complaint. Respondent has not responded to the Department’s request in the time allowed by A.A.C. R2-19-106. Therefore, IT IS ORDERED deeming the allegations in the Complaint admitted based on Respondent’s failure to file a response to the Complaint. Because Respondent’s deemed admissions renders moot any issue to have been determined at the hearing, IT IS FURTHER ORDERED vacating the hearing that had been scheduled on September 24, 2008 at 9:00 a.m. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Commissioner of the Department for further action. Done this day, September 23, 2008.

_________________________________ Diane Mihalsky Administrative Law Judge

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

Samuel P. Wercinski, Commissioner Department of Real Estate 2910 North 44th Street, Suite 100 Phoenix, AZ 85018

Kelly LaPrade, Esq. Office of the Attorney General 1275 W. Washington Phoenix, AZ 85007

Amari Katalina Soltero, aka Irene Quero 7005 E. Stella Road Tucson, AZ 85730-2301

By _______________________________ -----------------------

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