Minute Entry - Vacate

10F-HP032097-ADM · Department of Administration · 2010-05-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On May 12, 2010, the Department of Administration (“Department”) filed a request for this matter to be set for hearing for 2 ½ days. The Office of Administrative Hearings (“OAH”) provided hearing dates of November 8, 9, and 10, 2010, to the Department. The Administrative Law Judge held a telephonic conference with the parties on May 13, 2010, to arrange for a pre-hearing conference date. At that time, the parties informed the Administrative Law Judge that because the comment period set forth in A.A.C. R2-7-A908(C) had not expired, this matter should be remanded to the Department. In accordance with A.A.C. R2- 19-111, the Administrative Law Judge shall vacate and remand the matter to the referring agency when, as in the instant matter, all parties agree that the matter should be vacated and remanded for further action to be taken by the referring agency. The parties were informed that if the matter were remanded, the hearing dates of November 8, 9, and 10, 2010, would be held open on the OAH docket. Further, the parties agreed to have a pre-hearing conference on June 18, 2010, at 1:00 p.m., should this matter be resubmitted to the OAH. The parties were informed that the June 18, 2010 pre-hearing conference date would also be held open. If at the pre-hearing conference, upon the Department’s resubmission of this matter, the parties represent that this matter can be held in less than 2 ½ days, then, if the OAH calendar permits, the hearing may be accelerated.

Pursuant to A.A.C. R2-19-111, the above-mentioned hearing dates are vacated from the docket of the Office of Administrative Hearings and this matter is remanded to the Department.

Done this day, May 14, 2010.

Lewis D. Kowal Administrative Law Judge

Copy mailed this ____ day of ______________, 2010 to:

David Raber, Interim Director Department of Administration 100 North 15th Ave, Ste 401 Phoenix, AZ 85007

Joseph E. McGarry, Esq. Gregory Harris, Esq. LEWIS AND ROCA LLP North Central Phoenix, AZ 85004-4429

Rhonda Fisk, Esq. Osborne Maledon The Phoenix, Plaza 2929 North Central Ave., 21st Floor Phoenix, AZ 85012-2793

Kevin Ray, Assistant Attorney General Office of the Attorney General 1275 West Washington Phoenix, AZ 85007-2997

By ___________________________

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