VACATE
99F-M1308-ROC · Registrar of Contractors · 1999-09-17
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|LEE'S ASPHALT, | |No. 99F-M1308-ROC | | | | | |Complainant, | | | | | |ORDER VACATING HEARING AND REMANDING| |-v- | |TO REGISTRAR OF CONTRACTORS WITH | | | |RECOMMENDATION TO CLOSE THE CITATION| |License No. 085000, Class A of | |AND COMPLAINT UNLESS RELIEF FROM | | | |AUTOMATIC STAY IS OBTAINED | |KENNETH ROY MILLSAP, dba | | | |THE BECKEN COMPANY (INDIV), | | | | | | | |Respondent. | | | | | | |
The Office of Administrative Hearings has received notice that Respondent’s owner and qualifying party has filed a bankruptcy petition in the United States Bankruptcy Court for the District of Arizona. The filing of the bankruptcy petition invoked the provisions of the automatic stay under Section 362 of the Bankruptcy Code, 11 U.S.C. 362. The Complainant alleges in its complaint filed with the Registrar of Contractors that the Respondent has violated the provisions of A.R.S. §32- 1154 (A)(7) and (11) because it has not paid Complainant money owed for work performed on behalf of Respondent. In view of the foregoing, IT IS ORDERED that the hearing scheduled for September 29, 1999, be vacated from the calendar of the Office of Administrative Hearings, and that this matter be remanded to the Registrar of Contractors with the recommendation that the Citation and Complaint be closed unless the Complainant obtains relief from the automatic stay from the U.S. Bankruptcy Court.
Done this day, September 17, 1999.
_________________________________ BRIAN BRENDAN TULLY Administrative Law Judge
Copy transmitted by mail this _____ day of _________, 1999, to:
Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007
The Becken Company 1738 E. Paradise Lane Phoenix, AZ 85022
Lee's Asphalt PO Box 81038 Phoenix, AZ 85069-1038
By _______________________________
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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826