Vacate

03F-2498-DWM · Department of Weights and Measures · 2003-03-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|IN THE MATTER OF: | |No. 03F-2415-DWM | | | |(Consolidated with 03F-2416-DWM, | | | |03F-2473-DWM, 03F-2475-DWM, | |K MART STORES, a Michigan profit | |03F-2476-DWM, 03F-98-DWM, | |corporation, authorized to do | |03F-2599-DWM, 03F-2505-DWM, | |business | |03F-2510-DWM, 03F-2511-DWM, | |in the State of Arizona; | |03F-2524-DWM, 03F-2525-DWM) | | | | | |a licensee of | | | | | |ORDER VACATING | |THE DEPARTEMENT OF | |HEARING | |WEIGHTS AND MEASURES. | | | | | | |

At the hearing in the above-entitled matter, the parties agreed that the scheduled hearing in this matter may be vacated for administrative convenience. They are close to a settlement and believe one will be reached. If not, the agency’s counsel affirms that a hearing may be requested through the agency without prejudice.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS HEREBY ORDERED that the hearing in this matter be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the originating agency for its further action. Done this day, March 3, 2003 OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Dorinda M. Lang Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2003 to:

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

Peskind Hymson & Goldstein, P.C. David B. Goldstein, Esq. 14646 North Kierland Boulevard, Suite #255 Scottsdale, AZ 85254

Theresa Craig Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2997

By _______________________________

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