ALJDEC

99F-3116-ROC · Registrar of Contractors · 1999-11-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On November 19, 1999, at 1:30 p.m., a hearing was scheduled to determine if Respondent had violated provisions of A.R.S. ( 32-1154 (A). Respondent was represented by attorney, Tom Luikens. Scott Sterne, President of Phoenix Demolition Company and Salvage, Inc. also appeared on behalf of Respondent. Complainant failed to appear. The hearing was convened at approximately 1:50 p.m. to allow for the appearance of Complainant, or the receipt of any information which would constitute good cause for Complainant’s absence or delay. No such information was received. No evidence was presented by Complainant at the hearing in support of the allegations set forth in the complaint herein. Respondent’s attorney, Mr. Luikens made a motion to dismiss this matter. Upon further review of the file in this matter, of which administrative notice is taken, it appears that Respondent has filed a petition in bankruptcy in U.S. District Court, case no. 99-03958-PHX CGC, and that there now exists an automatic stay of proceedings against Respondent pursuant to 11 U.S.C. §362(a).

Upon review and reconsideration, particularly in light of the existence of Respondent’s pending bankruptcy proceeding, IT IS ORDERED vacating the above-entitled case from the docket of the Office of Administrative Hearings and remanding to the Registrar of Contractors. IT IS FURTHER RECOMMENDED that this Citation, together with the Complaint upon which it is based, be closed unless Complainant files notice with the Registrar of Contractors on or before the effective date of the Order entered in this matter that it has instituted proceedings before the appropriate Federal Court seeking relief from the aforesaid automatic stay.

Done this day, November 23, 1999.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of November, 1999, to:

Registrar of Contractors Mr. Michael P. Goldwater ATTN: Joyce Armijo 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