Vacate

08F-M0725-ROC · Registrar of Contractors · 2009-05-06

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|SCOTT IRVINE AND JONALYN IRVINE | | | | | | | |COMPLAINANT, | | | | | |No. 08F-M0725-ROC | |-v- | | | | | |ORDER VACATING | | | |HEARING | |License No. 232565, Class B-03 | | | |ALLRED CUSTOM DESIGN L L C (LLC) | | | | | | | | | | | |RESPONDENT. | | | | | | |

This matter first convened for hearing October 8, 2008. The parties did not conclude the presentation of evidence in the allotted time and the matter was scheduled for further hearing on May 7, 2009 pursuant to this tribunal’s February 25, 2009 Order Re: Continued Further Hearing Date. On May 6, 2009, the parties filed the attached Notice of Settlement and Request to Vacate Hearing Scheduled for May 7, 2009 (“motion”) wherein it was related that the parties had “entered into a settlement agreement resolving the above referenced citation and complaint” and requested the hearing herein be vacated. For purposes of this matter, and due to the content of the foregoing, the above-referenced motion will 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 continued further hearing in this matter set for May 7, 2009, 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 appropriate further action. Done this day, May 6, 2009.

_______________________ Brian E. Smith Administrative Law Judge

Copy mailed this ____ day of ______________, 2009 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Scott and Jonalyn Irvine 3454 E. Capri Ave. Mesa, AZ 85204

Eric J. Petrie, Esq. PETRIE & VENDITTI, PLC 4531 N. 16th St., Ste. 110 Phoenix, AZ 85016

Allred Custom Design, LLC 435 N. Bluejay Ct. Gilbert, AZ 85236

By __________________________ -----------------------

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