Vacate: Settlement Recommendation mailed to agency and parties the

2010A-2751470-ROC · Registrar of Contractors · 2010-07-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing had been scheduled on this date on Complainant’s complaint for non-payment against Respondent. Six days before the hearing, Respondent submitted to the Office of Administrative Hearings (“OAH”) and to the Registrar of Contractors (“the Registrar”) copies of its letter to Complainant, memorializing their settlement and informing Complainant that it should notify OAH and the Registrar if it did not want a hearing. Complainant subsequently telephoned OAH staff to say that it would be submitting a motion to vacate the hearing but did not submit a motion to vacate the hearing. Neither party appeared at the time scheduled for the hearing to begin. Therefore, based on the foregoing, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Registrar with the recommendation that it be closed as resolved, settled, or withdrawn. Done this day, July 20, 2010.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of July, 2010 to:

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

Diggum Excavating Inc 3220 W. Appaloos Rd Tucson, AZ 85742-9056

Richard L. Horton The Ashton Company Inc Contractors and Engineers PO Box 26927 Tucson, AZ 85726-6927

By _______________________________

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