Vacate

03A-C192-DEQ · Department of Environmental Quality · 2004-01-27

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In The Matter Of: | | | | | | | |McNeece Shell #20 | |No. 03A-C192-DEQ | |2400 S. 4th Avenue | | | |Yuma, AZ 85364 | | | | | |ORDER VACATING HEARING | | | |UPON NOTICE OF RESOLUTION | |Invoice Nos. 1016940 and 1216940. | | | | | | |

On January 26, 2004, Appellant McNeece Shell #20, by and through Robert McNeece, filed a WITHDRAWAL OF [its] NOTICE OF FORMAL APPEAL and MOTION TO VACATE in the above-styled matter. As there are no motions pending and as necessity for an evidentiary hearing has been obviated by agreement between the parties, the matter should properly be dismissed. IT IS ORDERED that this administrative matter, currently scheduled to be heard on February 3, 2004 at 9:00 A.M., be and is hereby vacated from the hearing docket of the Office of Administrative Hearings. IT IS FURTHER ORDERED that the matter be remanded to the Arizona Department of Environmental Quality for further disposition.

Done this 27th day of January 2004.

__________________________________ Gary B. Strickland Administrative Law Judge

Copy mailed this ____ day of ______________, 2004 to:

Stephen A. Owens, Director Department of Environmental Quality Attn: Judith Fought 1110 W. Washington, Sixth Floor Phoenix, AZ 85007

McNeece Shell #20 Robert McNeece PO Box 128 Yuma, AZ 85366

Department of Environmental Quality Michael D. Clark, C.F.O. Office of Fiscal Service 3033 North Central Avenue, 1st Floor Phoenix, AZ 85012

Office of the Attorney General Rameshwar Adhikari Administrative Appeals Desk Environmental Enforcement Section 1275 West Washington Phoenix, AZ 85005

By _______________________________

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