Vacate

05F-5727-DWM · Department of Weights and Measures · 2006-02-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of | |Nos. 05F-5721-DWM, 05F-5723-DWM, | |CIRCLE K INC., a licensee of the | |05F-5727-DWM, 05F-5628-DWM, | |Department of Weights and Measures.| |05F-5637-DWM, 05F-5636-DWM, | | | |05F-5644-DWM, 05F-5645-DWM, | | | |05F-5665-DWM, 05F-5658-DWM, | | | |05F-5639-DWM, 05F-5643-DWM, and | | | |05F-5738-DWM | | | |(Consolidated) | | | |ORDER VACATING | | | |HEARING | | | | |

The Arizona Department of Weights and Measures has moved to dismiss the hearing in this matter because the parties have reached a settlement. The Department attached to its motion a copy of a fully executed consent agreement. Therefore, IT IS ORDERED vacating the hearing that had been scheduled on February 17, 2006. IT IS FURTHER ORDERED remanding this appeal to the Director of the Arizona Department of Weights and Measures with the recommendation that it be dismissed pursuant to the terms of the parties’ settlement. Done this day, February 15, 2006.

_________________________________ Diane Mihalsky Administrative Law Judge Copy transmitted by mail this _____ day of February, 2006 to: Dennis Ehrhart, Acting Director Department of Weights and Measures 4425 West Olive Avenue, Suite 143 Glendale, AZ 85302-3844

Bill Bunch Circle K Stores, Inc. P.O. Box 52085 Phoenix, AZ 85072

Theresa M. Craig, Esq. John M. Jacobs, Esq. Assistant Attorneys General 1275 W. Washington Phoenix, AZ 85007-2997

By _______________________________

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