Vacate

23F-H007-REL · Department of Real Estate - H/C · 2022-10-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Donald F. Molley,

Petitioner,

vs.

Verde Meadows Crest Homeowners Association,

Respondent.

No. 23F-H007-REL

ORDER VACATING

HEARING

On September 07, 2022, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing setting this matter for hearing on October 28, 2022. In the Notice of Hearing, the parties were advised of the following:

If you have filed any motions prior to the receipt of this Notice of Hearing, you must re-file the motions with the Office of Administrative Hearings (OAH) electronically or at the address listed above. With this notice, all oral and written communications should be directed to the OAH and a copy must be provided to the opposing party.

(Emphasis in original.)

On October 17, 2022, Respondent submitted a Motion to Vacate to OAH.

On October 19, 2022, the OAH issued a Minute Entry that directed Petitioner to reply to Respondent’s Motion to Vacate by October 26, 2022. Correspondence was not returned as undeliverable by the United States Postal Service or Petitioner’s Yahoo domain.

To date, no reply has been received by or on behalf of Petitioner.

There is no Settlement Order on file for this case at OAH.

Therefore,

IT IS ORDERED, Respondent’s Motion to Vacate is granted.

IT IS FURTHER ORDERED, pursuant to Ariz. Admin. Code R2-19-111(4), this matter is hereby vacated from OAH’s calendar.

IT IS FURTHER ORDERED that this matter be remanded to the referring agency for further action, if any.

Done this day, October 27, 2022.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile October 27, 2022 to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

100 N. 15th Ave., Ste. 201

Phoenix, AZ 85007

[email redacted]

Donald F. Molley, Petitioner

5051 S. Cherry Ave.

Tucson, AZ 85706

[email redacted]

Sean K. Moynihan, Esq.

Smith & Wamsley, PLLC, Counsel for Respondent

7375E. Tanque Verde Rd.

Tucson, AZ 85715

[email redacted]

By c. serrano