ROC Vacate

2014A-5026-ROC · Registrar of Contractors · 2015-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Complainant’s attorney has given notice that he has withdrawn his complaint that he filed with the Registrar of Contractors (“the Registrar”), without prejudice to his right to negotiate a resolution with Respondent or to litigate the parties’ dispute in court. As noted in the order denying Respondent’s Motion to Dismiss the Citation issued on this same date, Respondent also does not wish to adjudicate the parties’ dispute in this administrative forum but, for the reasons stated in the order, a dismissal on the merits is not appropriate at this time. Therefore, IT IS ORDERED vacating the hearing that had been scheduled on December 17, 2015, at 8:00 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Registrar with the recommendation that it be closed as resolved/settled/withdrawn, without prejudice to the parties’ right to resolve their dispute in a judicial forum. Done this day, December 11, 2015.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed December 14, 2015 to:

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Randy Cason #166, Senior Investigator Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007-2812 [email redacted]

Jason Ebe, Esq. Snell & Wilmer LLP One Arizona Center 400 E Van Buren Street, Ste. 1900 Phoenix, AZ 85004-2280

Dennis I. Wilenchik, Esq. Wilenchik & Bartness, P.C. 2810 North Third Street Phoenix, AZ 85004 [email redacted]

By L. Barajas

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