VACATE

99F-1423-ROC · Registrar of Contractors · 2000-02-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

By Order dated February 22, 2000, this case was erroneously set for hearing on March 3, 2000. It should have been set for April 3, 2000. Nevertheless, on February 28, 2000, this tribunal received a motion to continue or dismiss from Respondent’s counsel and a withdrawal of the complaint from Complainant. Thus, the hearing in this matter will be vacated. For the record, the facts as stated in this tribunal’s previous Order Setting Case for Hearing are accurate. The parties were ordered to file written updates in September 1999, but neither one of them did. This Office’s records show no contact by anyone associated with this case in September 1999 or after, until the Registrar of Contractors contacted this Office in February 2000. Furthermore, once a matter is before this tribunal, the ROC is not the appropriate entity to contact. The statutes and rules make this clear. IT IS ORDERED vacating the hearing in this matter and remanding the case to the Registrar of Contractors for closure.

Done this 29th day of February 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

. . .

Copies mailed this ___ day of February 2000, to:

Benny Smothermon 10739 E. Stoney Lane Scottsdale, Arizona 85262

Sharon B. Shively, Esq. Sacks Tierney, P.A. 2929 N. Central Avenue, 14th Floor Phoenix, AZ 85012 Attorney for Complainant

Michael E. Gottfried, Esq. Jaburg & Wilk, P.C. 3200 N. central Ave., Suite 2000 Phoenix, AZ 85012 Attorney for Respondent

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

By ___________________________

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