Final

01-12603-AFR · Office of Alternative Fuel Recovery · 2001-10-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of | |No. 01-12603-AFR | |The Appeal of the Citation | | | |Issued to: | |CERTIFICATION OF DECISION | | | |OF ADMINISTRATIVE | | | |LAW JUDGE | |DANIEL R. FOOTE | | | | | | |

I have reviewed the records of the Office and as co-custodian of such records have determined:

1. On September 7, 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 October 12, 2001.

3. No action by Office of Alternative Fuel Recovery was received by the Office of Administrative Hearings as of October 12, 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. This means that the Office of Alternative Fuel Recovery may not modify or reject this recommended decision. 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, October 15, 2001.

_________________________________ Cliff J. Vanell Director

Original 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

Mr. Daniel R. Foote 2929 North Central Avenue Phoenix, AZ 85016

Patrick Irvine, Esq. Assistant Attorney General 1275 West Washington Street Phoenix, AZ 85007-1298

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

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