Vacate

09F-0244-ROC · Registrar of Contractors · 2009-04-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is scheduled to convene for hearing pursuant to the Registrar of Contractors’ Notice of Hearing dated March 19, 2009. On April 6, 2009, Complainant, by and through its president, Al Hahn, filed via facsimile with the Registrar of Contractors the attached correspondence wherein he advised that the parties have resolved their dispute and requested that the hearing be dismissed.[1] A copy of this correspondence was received by the Office of Administrative Hearings on April 15, 2009. For purposes of this matter, and due to the content of the foregoing, the above-referenced correspondence will be deemed to be a motion to vacate the instant hearing pursuant to A.A.C. R2-19-111(4). Based on the foregoing, and sufficient cause otherwise appearing, IT IS ORDERED that the hearing in this matter set for May 28, 2009 at 9:00 a.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 appropriate further action. Done this day, April 15, 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

Ronald Meyers, Esq. 3636 N. Central Ave., #700 Phoenix, AZ 85012

M and G General Contracting, Inc. 20819 N. Cave Creek Rd. #103 Phoenix, AZ 85024

Cohaco Building Specialties, Inc. 5341 W. Luke Ave. Glendale, AZ 85301

By ___________________________ ----------------------- [1] The referenced correspondence was filed with the Registrar of Contractors, a copy of which was thereafter received by the Office of Administrative Hearings. However, there is no indication therein that Respondent and/or counsel were provided a copy. The rules of the Office of Administrative Hearings prohibit ex parte communications and require parties to copy their opponents with any document filed herewith. See, A.A.C. R2-19-105(E). These rules may be obtained upon request by calling 602-542-9862 or at www.azoah.com.

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