PDF copy: Vacate

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

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of No. 23F-H007-REL

Donald F. Molley, ORDER VACATING Petitioner, HEARING

vs. Verde Meadows Crest Homeowners Association, Respondent.

1. 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.) 2. On October 17, 2022, Respondent submitted a MOTION TO VACATE to OAH. 3. 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. 4. To date, no reply has been received by or on behalf of Petitioner. 5. 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.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 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] [email redacted] [email redacted] [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