ALJDEC

98F-M0191-ROC · Registrar of Contractors · 1998-07-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 16, 1998 APPEARANCES: Complainant appeared personally. Respondent was represented by its attorney, Dale Robinson, Esq.

ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

On July 15, 1998, at approximately 3:58 p.m. Complainant filed a Motion to Dismiss with the Office of Administrative Hearings requesting that his complaint be withdrawn without prejudice. Due to the late filing of the motion on the eve of the scheduled continued hearing, and a lack of good cause in the motion to dismiss it without prejudice to it being refiled at a later time, an Interim Order Denying Complaint’s Motion to Dismiss Without Prejudice was issued by this tribunal on July 15, 1998. That order stated that Complainant could renew his motion at the hearing. Parties and counsel were advised of the order denying the motion via telephone and/or facsimile. Later on July 15, 1998, at approximately 6:58 p.m. Complainant filed a Motion to Dismiss his complaint with prejudice. Neither motion filed by Complainant had been timely furnished to Respondent or its counsel until shortly before the convening of the hearing. After the convening of the hearing, Complainant’s Motion to Dismiss his complaint with prejudice was considered as a preliminary matter. Respondent had no objection to the Motion to Dismiss with prejudice being granted.

Upon review and consideration of Complainant’s Motion to Dismiss with prejudice and Respondent’s lack of opposition to it, as well as of the entire record in this matter, it is determined that good cause exists for granting the motion. In view of the foregoing, it is recommended to the Registrar of Contractors that the Citation and Complaint in this matter be dismissed with prejudice. Done this day, July 16, 1998.

______________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By ___________________________ -----------------------

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