Vacate
23-005-NOT · Secretary of State · 2023-09-19
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Nora Bermudez
vs
Secretary of State
No. 23-005-NOT
ORDER VACATING HEARING
This matter was set for a prehearing conference to convene at 1:00 p.m. on August 8, 2023. Appellant Nora Bermudez did not appear at the prehearing conference. Based on prior communications from Appellant to counsel for the Secretary of State, it appeared Appellant may have wished to withdraw her appeal in this matter. However, it was also possible Appellant may have needed additional time to prepare for the hearing and wished to proceed at a later date.
Following the prehearing conference, the matter was set for a Status Update due by September 15, 2023. To date, no updates have been provided. In the order setting the September 15, 2023 status date, the parties were advised as follows:
If Appellant fails to submit a status update by September 15, 2023, the Administrative Law Judge will conclude that Appellant wishes to withdraw her appeal and the hearing will be vacated.
As Appellant has not submitted the required status update,
IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.
IT IS FURTHER ORDERED remanding this matter to the Secretary of State for further action.
Done this day, September 19, 2023.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Adrian Fontes
Secretary of State - HAVA
Election Services Division
1700 West Washington, 7th Floor
Phoenix, AZ 85007
Nora Bermudez
[email redacted]
Kyle Cummings
Office of the Attorney General
[email redacted]
By: OAH Staff