ALJDEC

01-1203-AAG · Secretary of State - Business Services Division · 2000-11-01

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 1, 2000 APPEARANCES: Appellant : Arizona Right To Life PAC was represented by its President, John Jakubczyk, Esq.; Shane Wikfors, the organization’s Executive Director, was also President. State of Arizona : Assistant Attorney General Joseph Kanefield. ADMINISTRATIVE LAW JUDGE: Gary B. Strickland _____________________________________________________________________

The hearing convened as scheduled pursuant to notice duly provided the parties. Each side was represented by designated counsel. The hearing was scheduled to afford Appellant the opportunity to challenge the Attorney General’s Preliminary Determination of Lack of Good Cause issued on September 25, 2000. Jurisdiction resides in A.R.S. ( 16-924(A). Having convened the hearing and entertained the respective positions of the parties, and having examined the entire record, the undersigned Administrative Law Judge makes Findings of Fact, renders Conclusions of Law, and issues the following Recommended Order to the Attorney General of the State of Arizona. FINDINGS OF FACT 1. At the hearing, the parties manifested movement toward resolution of the issues that had resulted in Appellant’s having filed its appeal. The parties were, therefore, afforded the opportunity to craft a settlement agreement, the essential terms of which were read into the record. For purposes of determining this matter, the obligations of the parties under the settlement agreement set forth below, if accepted by the Attorney General, are binding on each other. 2. Appellant has been cited for a failure to file a timely report to the Office of the Secretary of State of contributions and expenditures made to Appellant Political Action Committee as required by A.R.S. ( 16- 918(A). As a result of the late submission, Appellant has been subjected to the maximum penalty allowable under A.R.S. ( 16-918(B) ($450.). Pursuant to the terms of the parties’ stipulation, the assessed penalty is reduced to $200., Appellant to be refunded the additional $250. that it has heretofore remitted. 3. The parties have agreed that all rights and defenses relating to this matter are merged into the stipulation and agreement and should a petition for rehearing or a further appeal be filed, the sole issue for determination shall be whether the parties have performed their respective obligations under the terms of the stipulation and agreement executed by them at the hearing. 4. The terms of the foregoing stipulation and agreement appear reasonable under all of the circumstances and this agreement is determined the product of knowing and voluntary action on the part of each representative. CONCLUSIONS OF LAW 1. The law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal with jurisdiction to hear the matter. 2. The settlement reached and crafted by the parties during the hearing and which has been submitted into the record, having been found to be reasonable and voluntarily made, warrants a termination of the hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the stipulation and settlement entered into by the parties hereto be approved and that the matter be remanded to the Attorney General for further disposition consistent herewith.

Set forth this 1st day of November in the year 2000.

______________________________________ Gary B. Strickland Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Attorney General State of Arizona Janet Napolitano ATTN: Jan McLemore 1275 West Washington Phoenix, AZ 85007

By ___________________________

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