VACATE

02F-1327-DWM · Department of Weights and Measures · 2001-11-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | |No. 02F-1279-DWM,02F-1280-DWM, | | | |02F-1290-DWM,02F-1291-DWM,02F-1293-D| | | |WM,02F-1294-DWM,02F-1295-DWM,02F-129| |K MART STORES, | |6-DWM,02F-1297-DWM,02F-1326-DWM, | |A Michigan Profit Corporation, | |02F-1327-DWM,02F-1328-DWM,02F-1339-D| |Authorized to do Business | |WM, 02F-1340-DWM, 02F-13442-DWM, | |In the State of Arizona, | |02F-1354-DWM, 02F-1358-DWM | |Store No. 7236, | | | | | | | |A Licensee of: | |ORDER VACATING | | | |HEARING AND REMAND | |THE DEPARTMENT OF | | | |WEIGHTS AND MEASURES. | | | | | | |

The Arizona Department of Weights and Measures filed a motion to dismiss the hearing based on the fact that the Appellant had paid the civil penalties at issue in the case. Therefore, good cause appearing, the above-entitled case is vacated from the calendar of the Office of Administrative Hearings and this matter is remanded to the referring agency for appropriate disposition. Done this day, November 30, 2001.

_________________________________ Mark A. Silver Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2001, to:

Sandy Williams, Director Department of Weights and Measures ATTN: Dennis Ehrhart 4425 West Olive, Suite 143 Glendale, AZ 85302

K Mart Corporation Ms. Deborah L. Miela Trade Regulation Resource Center 3100 West Big Beaver Road Troy, MI 48084-3163

By _______________________________

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