Vacate

09F-2355-ROC · Registrar of Contractors · 2009-12-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter originally came on for hearing before Administrative Law Judge Brian E. Smith on August 20, 2009. Complainant was represented by its attorney, Joel E. Sannes, Esq. Respondent was represented by its attorney, Richard B. Murphy, Esq. Since the hearing did not conclude on that day, this matter was scheduled for further hearing on December 8, 2009. Judge Smith subsequently left the Office of Administrative Hearings. This matter was reassigned to Administrative Law Judge Brian Brendan Tully, who listened to the entire audio recording of the August 20, 2009 hearing and reviewed the hearing file including exhibits. On December 8, 2009, this matter came on for further hearing before Administrative Law Judge Tully. After some discussions between the parties off the record, Complainant announced on the record that it was withdrawing its Complaint in this matter. Complainant reserved its right to adjudicate the parties’ dispute in a civil court of competent jurisdiction. Respondent did not object to the withdrawal. In view of the foregoing, IT IS ORDERED that the hearing be vacated from the calendar of the Office of Administrative Hearing, and that this matter be remanded to the Registrar of Contractors for further action. Done this day, December 8, 2009.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2009 to:

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

Richard B. Murphy, Esq. HOLDEN WILLITS MURPHY PLC Two N. Central Avenue, Suite 1700 Phoenix, Arizona 85004

Joel E. Sannes, Esq. LAKE & COBB, PLC 1095 W. Rio Salado Pklwy., Ste. 206 Tempe, Arizona 85281

By _______________________________

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