VACATE

02F-2212-DWM · Department of Weights and Measures · 2002-08-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|IN THE MATTER OF: | |No. 02F-2212-DWM | | | | | | | | | |NCD INCORPORATED, an Arizona | |ORDER VACATING | |corporation, dba BJ'S CHEVRON VIII, | |HEARING | |a licensee of the Department of | | | |Weights and Measures. | | | | | | | | | | |

The Department of Weights and Measures, through counsel, has filed a motion to vacate the scheduled hearing due to the parties having reached a settlement agreement. In view of the foregoing, IT IS ORDERED that the hearing set for August 23, 2002, at 1:30 p.m. be vacated from the calendar of the Office of Administrative Hearings.

Done this day, August 21, 2002.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2002 to:

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

Department of Weights and Measures Dennis Ehrhart 4425 West Olive Avenue, Suite 143 Glendale, AZ 85302-3844

BJ's Auto Spa James Fulton 1515 North 75th Avenue Phoenix, AZ 85043

NCD Inc. Judy Miller dba BJ's Chevron VIII 12424 North 32nd Street, Suite #200 Phoenix, AZ 85032

Judith C. Darknall, Esq. Assistant Attorney General Office of the Attorney General 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