Vacate

07F-7180-DWM · Department of Weights and Measures · 2007-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Administrative Law Judge has reviewed her decision on the merits, the Department of Weights and Measures’ motion to modify the decision, and her February 15, 2007 minute entry order and has reconsidered the propriety of certifying the decision under the circumstances of this case. Therefore, in light of the parties’ settlement, the Administrative Law Judge nunc pro tunc issues the following orders: IT IS ORDERED rescinding the recommended February 9, 2007 decision and the February 15, 2007 minute entry. IT IS ORDERED vacating the hearing on the merits that had been scheduled on February 9, 2007. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Director of the Arizona Department of Weights and Measures with the recommendation it be dismissed as moot, in light of the consent agreement. Done this day, March 20, 2007.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by mail this _____ day of March, 2007 to:

George Seitts, Director Department of Weights and Measures 4425 W. Olive Ave Ste #143 Glendale, AZ 85302-3844

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

Vista Service Station Maint., Inc. P.O. Box 26386 Tucson, AZ 85726

By _______________________________

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