ALJDEC

99F-1994-ROC-rhg · Registrar of Contractors · 2000-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

APPEARANCES: Complainant: John P. Robertson, II, Esq. Respondent: Kenneth E. Schaffer, Qualifying Party ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This matter is a rehearing granted by the Arizona Registrar of Contractors (Registrar) to Complainant Hurricane Builders, Inc. The complaint and citation involve issues of claimed nonpayment for construction labor and materials. On September 27, 1999, the Registrar adopted a recommended decision dismissing Citation and Complaint No. 99-1994, as Complainant had failed to appear at the initial hearing. Thereafter, Complainant requested, and the Registrar granted, a rehearing. The rehearing was scheduled on February 9, 2000. On February 8, 2000, Complainant Hurricane Builders, Inc. advised the Office of Administrative Hearings that it wished to withdraw its complaint and vacate the hearing. On February 9, 2000, both Mr. John P. Robertson, II, Esq., Complainant’s attorney, and Mr. Kenneth E. Schaffer, Respondent’s Qualifying Party, appeared at the Office of Administrative Hearings. Complainant moved to withdraw the complaint and vacate the hearing. An evidentiary hearing was not held. Accordingly, IT IS ORDERED vacating the hearing. Further, IT IS RECOMMENDED that the Registrar dismiss Citation and Complaint No. 9-1994 and affirm its September 27, 1999, Order dismissing the citation and complaint. ORDERED AND SUBMITTED this 9th day of February, 2000.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on February 9, 2000, for distribution to the parties, to:

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

George A. Schade, Jr.

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