Final

01-12575-AFR · Office of Alternative Fuel Recovery · 2001-08-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

I have reviewed the records of the Office of Administrative Hearings (Office) and as co-custodian of such records have determined:

1. On July 5, 2001, the recommended decision in the above entitled matter was transmitted to the Office of Alternative Fuel Recovery by mail;

2. Pursuant to A.R.S. § 41 -1092.08, and A.R.S. § 1-243 the Office of Alternative Fuel Recovery was required to accept, reject or modify the recommended decision, as evidenced by receipt of such action by the Office of Administrative Hearings, on or before August 9, 2001.

3. No action by Office of Alternative Fuel Recovery was received by the Office of Administrative Hearings as of August 13, 2001.

Therefore, pursuant to A.R.S. § 41 -1092.08, the attached recommended decision is certified as the final administrative decision of the Office of Alternative Fuel Recovery.

It should be noted that the Office received a Stipulation to Dismiss on July 23, 2001. However, this motion should have been made to the Office of Alternative Fuel Recovery. Although the Office’s normal procedure is to forward such improperly filed documents to the appropriate authority as a courtesy, this was inadvertently not done in this instance. Although the evident intention of the parties to have the matter dismissed, the duty of the Office to certify in the absence of any action by the Office of Alternative Fuel Recovery is unambiguous. However, the parties may now urge the Stipulation before the Office of Alternative Fuel Recovery which it appears may, on reconsideration and in light of the motion, dismiss the matter. A copy of the Stipulation to Dismiss has been included with the certification advisement sent to the Office of Alternative Fuel Recovery.

You have the right to request a rehearing from the Office of Alternative Fuel Recovery pursuant to A.R.S. § 41-1092.09(A). In addition, you have the right to appeal your action to the Superior Court, pursuant to A.R.S. § 41-1092.08(H) although you may be required to seek a rehearing from the Office of Alternative Fuel Recovery before you appeal (see A.R.S. § 41- 1092.09(B)). Your further rights will be lost if you do not act in a timely manner. You may wish to review these sections as quickly as possible after receipt of this notice. They can be located at your local library.

Done this day, August 13, 2001.

_________________________________ Cliff J. Vanell Director

Original/copy transmitted by mail this ____________ day of ___________________, 2001, to:

J. Elliott Hibbs, Director Department of Administration - Office of Alternative Fuel Recovery ATTN: Michael Murphy 1700 W. Washington, Suite 103 Phoenix, AZ 85007

Mark Peterson Brenda Peterson 1861 E. Buffalo Street Chandler, AZ 85225

Patrick Irvine Assistant Attorney General 1275 West Washington Street Phoenix, AZ 85007

By _______________________________

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