ALJDEC decisions subject to certification as final

09F-11187-DWM · Department of Weights and Measures · 2009-06-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter was scheduled for a fair hearing on Appellant Robles Market’s appeal of the Violation Notice issued to Appellant by the Arizona Department of Weights and Measures (“the Department”) on this date at 8:30 a.m. The Notice of Hearing in the file was issued by the Department on May 19, 2009 and mailed to Appellant at its address of record at 15150 W. Ajo Way, Tucson, Arizona 85735. Neither the Department nor Appellant appeared for the duly noticed fair hearing. The Administrative Law Judge infers from both parties’ failure to appear that they have resolved their dispute through a consent decree. Therefore, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date at 8:30 a.m. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Director of Department for further action. Done this day, June 29, 2009.

______________________________________ Diane Mihalsky Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

Gene Palma, Director Attn: Shawn Marquez Arizona Department of Weights and Measures 4425 W. Olive Ave. Suite 134 Glendale, AZ 85302

Carol Santa Cruz or Dennis Purdon Robles Market 15150 W. Ajo Way Tucson, AZ 85735

By ___________________________ -----------------------

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