VACATE

99F-W0007-ROC · Registrar of Contractors · 1999-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|REGISTRAR OF CONTRACTORS, | |No. 99F-R0007-ROC | | | | | |Complainant, | | | | | | | |-v- | | | | | | | |License No. 129407, a Class L-31 | | | |License issued to: | | | | | | | |MALDONADO MASONRY LLC, | | | | | | | |License No. 129406, a Class C-31 | | | |License issued to: | |RECOMMENDED ORDER DISMISSING CASE | | | |WITHOUT PREJUDICE | |MALDONADO MASONRY LLC, | | | | | |ORDER VACATING | |License No. 118531, a Class C-31 | |HEARING | |License issued to: | | | | | | | |ASPEK VENTURES LLC, dba | | | |PRIME MASONRY (LLC), | | | | | | | |License No. 118530, a Class L-31 | | | |License issued to: | | | | | | | |ASPEK VENTURES LLC, dba | | | |PRIME MASONRY (LLC), | | | | | | | |Respondents. | | | | | | |

This matter was heard on November 10, 1998. After receipt of certain evidence it was determined that a prior revocation was improper due to the Citation and Complaint having been issued to the wrong business entity. The record was kept open to December 18, 1998, to allow the parties to dispose of certain issues by motion to the Registrar of Contractors. On December 16, 1998, a motion to keep the record open an additional 30 days was submitted to the Administrative Law Judge, by the State. The motion was granted and the record remained open to January 29, 1999, by which time the parties were to notify the Office of Administrative Hearings of the disposition of the case or the record would close with the appropriate Recommended Order to the Registrar of Contractors. Documentation received in response to the Order Keeping Record Open is an Order of Clarification dated December 28, 1998, from the Registrar of Contractors and a new Citation and Complaint in Case No. 98-0963W, which was issued December 31, 1998. The prior revocation of license no.110067 Class L-31 has been set aside. Based on the information received and absent a specific motion by either party, it is concluded that the basis for the Citation and Complaint in the instant cases is no longer valid because the prior revocation has been set aside and a new Citation and Complaint has issued. Therefore grounds for the Citation and Complaint as originally noticed are not accurate or appropriate for hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the instant case be dismissed without prejudice. Order IT IS HEREBY ORDERED that the instant case be vacated from the docket of the Office of Administrative Hearings. Done this day, February 2, 1999.

______________________________ ALLEN REED Administrative Law Judge

Copies mailed this ____ day of January, 1999, to:

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

Maldonado Masonry 14401 N. 5th Place Phoenix, AZ 85022

Aspek Ventures L.L.C. dba Prime Masonry 22202 N. 19th Ave. Phoenix, AZ 85027

By _______________________________ -----------------------

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