Vacate

2009A-7100510-ROC · Registrar of Contractors · 2010-11-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Richard Nelson and Jill Buckley | |No. 2009A-7100510-ROC | | | | | |COMPLAINANTS, | | | | | | | |-v- | | | | | |ORDER VACATING | |License No: B.203948-R of | |HEARING AND | |C A V Construction and Development | |REMANDING CASE BACK | |LLC | |TO ROC FOR NEW NOTICE | | | | | |Respondent. | | | | | | |

Hearing is this matter was set for November 8, 2010. Richard Nelson appeared on behalf of Complainants. Assistant Attorney General Montgomery Lee appeared on behalf of the ROC. No one appeared for Respondent. At the start of the hearing, Mr. Lee noted a problem with notice of the hearing to Respondent in this matter involving a claim to the Consumer Recovery Fund. After reviewing the claim file and taking testimony from Sylvia Arce, Recovery Fund records custodian, regarding the notice that Respondent may have received, this tribunal ruled that Respondent did not receive adequate notice of the issues in this matter as a matter of due process. Mr. Nelson objected to the ruling but that objection was overruled. Good cause appearing, IT IS ORDERED vacating the hearing in this matter and remanding this case to the Registrar of Contractors for issuance of the proper notice to Respondent.

Done this day, November 8, 2010.

_________________________________ Eric A. Bryant Administrative Law Judge

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Copies sent this ____ day of _________ 2010 to:

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

C A V Construction and Development LLC PO BOX 532 Heber, AZ 85928-0532

Richard Nelson & Jill Buckley PO Box 31 Show Low, AZ 85902-0031

By _______________________________ -----------------------

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