Vacate

09F-4244-ROC · Registrar of Contractors · 2009-08-14

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|EDWARD RUBACHA | | | | | | | | | | | |COMPLAINANT, | | | |-v- | | | | | |Nos. 09F-4244-ROC | |License No. 178329, Class C-39R of | |09F-4244W-ROC | |MILAM ENTERPRISESINC dba | | | |WESTERN AIR CONDITIONING AND | |ORDER VACATING | |HEATING | |HEARING | |License No. 183394, Class L-39 of | | | |MILAM ENTERPRISESINC dba | | | |WESTERN AIR CONDITIONING AND | | | |HEATING | | | | | | | | | | | |RESPONDENT. | | | | | | |

These consolidated matters are scheduled to convene for hearing on October 23, 2009, pursuant to the docket of the Office of Administrative Hearings. Pursuant to this tribunal’s Amended Order Setting Pre-Hearing Conference dated July 24, 2009, Complainant and Respondent, by and through Lee Milam, filed pre-hearing memoranda on August 10 and 7, 2009, respectively, and appeared at a pre-hearing conference on August 14, 2009. At the pre-hearing conference, the parties stipulated that the hearing should be vacated based on the fact that, on July 29, 2009, Launy A. Schinke filed a Notice of Disassociation with the Registrar and withdrew as the qualifying party and as an officer of the corporation. As a result, Complainant asserted that “Respondent is no longer in violation of the Registrar’s rules and Arizona law and the subject matter of the requested hearing is now moot, obviating the need for a hearing.” Mr. Milam concurred with such representations and stipulated that the hearing should be vacated. For purposes of these consolidated matters, the above-referenced stipulation 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 hearing in this matter scheduled on the docket of the Office of Administrative Hearings for Friday, October 23, 2009, at 8:00 a.m. be and hereby is VACATED from the calendar of the Office of Administrative Hearings; and, IT IS FURTHER ORDERED that these matters be remanded to the Registrar of Contractors for appropriate further action. Done this day, August 14, 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

Edward Rubacha Jennings, Haug & Cunningham, LLP 2800 North Central Avenue, Suite 1800 Phoenix, AZ 85004-1049

Lee Milam Milam Enterprises, Inc., dba Western Air Conditioning and Heating 19336 West Jomax Road Wittmann, AZ 85361

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

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