ALJDEC

01-12629-AFR · Office of Alternative Fuel Recovery · 2001-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | No. 01-12629-AFR | | | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |ROBERT M. WINCEK, | |LAW JUDGE | | | | | |Petitioner. | | | | | | |

On October 9, 2001, at 1:30 p.m., a hearing was scheduled to address the Office of Alternative Fuel Recovery’s (the “Office”) denial of Petitioner Robert Wincek’s Alternative Fuel Loss Reimbursement Application. The Office was represented by Assistant Attorney General Patrick Irvine. Mr. Wincek failed to appear. At the commencement of the hearing, Mr. Irvine informed the Tribunal that Mr. Wincek’s claim for reimbursement was approved by the Office and a check for such reimbursement was mailed to Mr. Wincek several weeks prior to the hearing date. Based on the avowals of counsel for the Office, and it appearing that the contested issue is moot, the undersigned Administrative Law Judge recommends that the Director of the Office dismiss this appeal.

Done this day, October 17, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of October, 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

By ___________________________

-----------------------

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