ALJDEC

01-199802193- AAG · Office of the Attorney General · 2001-12-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 21, 2001 APPEARANCES: Linda Calvert for the Coalition to Educate and Elect Democrats aka Committee to Educate and Elect Democrats; Assistant Attorney Joseph Kanefield for the Office of the Attorney General ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. The caption of this matter is amended per stipulation of the parties to reflect the name of the Appellant as Coalition to Educate and Elect Democrats aka Committee to Educate and Elect Democrats (Appellant). 2. Prior to convening the hearing, the parties entered into a settlement outside of the Administrative Law Judge’s presence. When the hearing convened, the parties presented to this Tribunal a settlement agreement between the parties regarding the issues concerning the instant matter. 3. The terms of the settlement agreement are set forth in the attached Consent Agreement that is incorporated herein, the original of which was executed by the parties. 4. As a result of the settlement agreement, Appellant withdrew its appeal of the Attorney General’s Order of August 29, 2001, and the Office of the Attorney General agreed to quash that order. 5. During the hearing, the parties agreed that if any petitions for rehearing of this matter were to be filed and granted, the sole issue for determination would be whether the parties have performed their respective obligations under the terms of the above-mentioned settlement agreement. 6. The terms of the foregoing agreement appear to be reasonable under all the circumstances and the agreement is determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER In view of the foregoing, it is recommended that the above-mentioned settlement agreement be approved and this matter be closed. Done this day, December 4, 2001

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Office of the Attorney General Janet Napolitano, Attorney General 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