VACATE

97A-124-SPC · Structural Pest Control Commission · 1998-06-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | Docket Nos. 97A-124-SPC | | | |97A-131-SPC | |Phoenix Pest & Termite Control, | |(Consolidated) | |Inc., | | | |Holder of License No. C 4028 BCDEF; | | | |Jerry Martinie, Holder of Qualifying| | | |Party Credential No. 1286 BCDEF and | |ORDER VACATING HEARING | |Applicator Certificate No. 860374 | |AND REMANDING CASE TO AGENCY | |III V VII BCC-3DE; | | | |and Thomas R. Lewis, Holder of | | | |Applicator Certificate No. 950688 | | | |VII BC, | | | | | | | |For Performing the Business of | | | |Structural Pest Control in the State| | | |of Arizona. | | | | | | |

This case has been scheduled for hearing on July 15, 1998. On June 25, 1998, Respondents Phoenix Pest & Termite Control and Jerry Martinie, along with the Assistant Attorney General filed a Joint Motion to Vacate based on a proposed consent agreement that they plan to submit to the Commission. After clarification that this motion is equivalent to a withdrawal of the agency’s request for hearing, the motion is granted. IT IS ORDERED vacating the July 15, 1998, hearing in this matter and remanding the case to the agency for any further proceedings.

Done this 14th day of July 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

__________________________________ Eric A. Bryant Administrative Law Judge

Copies mailed/faxed this ___ day of July 1998; to:

Mr. Thomas R. Lewis 4224 East Speedway Tucson, AZ 85712

Blair Driggs, Assistant Attorney General Office of the Attorney General CIV/LES 1275 W. Washington Phoenix, Arizona 85007 FAX: 542-4385

Lisa C. Gervase Attorney at Law 2020 North Central Ave., Suite. 500 Phoenix, AZ 85004-4501 Attorney for Respondents Phoenix Pest & Termite Control and Jerry Martinie FAX: 258-6003

Mr. J.H. "Bud" Paulson, Executive Director ATTN: Jack Confer Structural Pest Control Commission 9545 East Doubletree Ranch Road Scottsdale, AZ 85258 FAX: 255-1281

By: _________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826