VACATE

98A-191-SPC · Structural Pest Control Commission · 1999-06-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | |No. 98A-191-SPC | |CONQUISTADOR PEST AND TERMITE INC.,| | | |Holder of Business License No. | | | |#C 4028 A; KENNETH FREDRICK, Holder| | | |of Qualifying Party Credential | |ORDER VACATING | |No. 1289 BC and Applicator | |HEARING | |Certificate | | | |No. 840199 VII BC; and JAMES | | | |BARNHART, Holder of Applicator | | | |Certificate No. 870322 VII BCE | | | |For Performing the Business of | | | |Structural Pest Control in the | | | |State of Arizona | | | | | | |

The day before the date set for the hearing in the above-entitled matter, the State’s attorney informed the Office of Administrative Hearings that he has agreed to present to the Structural Pest Control Commission a proposed resolution of the issues set forth in the complaint and, therefore, requested that the scheduled hearing be vacated. In view of the State’s and the licensees’ agreement to resolve the issues between them, IT IS ORDERED that the hearing scheduled to convene on June 22, 1999 at 1:30 p.m. be vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED that this matter be remanded to the Structural Pest Control Commission with the recommendation that an order be entered memorializing the parties’ and the Commission’s ultimate resolution of the issues. Done this day, June 21, 1999.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by facsimile and mail this _____ day of June, 1999, to:

Blair Driggs, Esq. Office of the Attorney General 1275 W. Washington, CIV/LES Phoenix, AZ 85007 Facsimile: (602) 542-4385

Copy transmitted by mail this _____ day of June, 1999, to:

Michael Siler, Executive Director Structural Pest Control Commission ATTN: Susan Miller 9535 East Doubletree Ranch Road Scottsdale, AZ 85258

Kenneth Fredrick Conquistador Pest and Termite, Inc. P.O. Box 5991 Tucson, AZ 85703

James Barnhart P.O. Box 77172 Tucson, AZ 85703

By _______________________________

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