Certification

24A-D01-DEQ · Department of Environmental Quality · 2025-04-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In The Matter Of:

Bryce Kirkpatrick

PO Box 357

Saint David, AZ 85630

Early Exam Request ID 113464

Appellant

No. 24A-D01-DEQ

CERTIFICATION OF

ADMINISTRATIVE LAW

JUDGE DECISION

I have reviewed the records of the Office of Administrative Hearings and as co-custodian of such records have determined:

The Office of Administrative Hearings transmitted the Administrative Law Judge Decision in the above entitled matter to the Department of Environmental Quality by electronic filing.

The Department of Environmental Quality was required to accept, reject, or modify the Administrative Law Judge Decision within the statutory deadline as calculated pursuant to A.R.S. § 41-1092.08 and A.R.S. § 1-243, as evidenced by receipt of such action by the Office of Administrative Hearings.

No action by the Department of Environmental Quality was received by the Office of Administrative Hearings as of April 29, 2025, more than five days beyond the statutory deadline.

Therefore, pursuant to A.R.S. § 41-1092.08(D), the attached Administrative Law Judge Decision is certified as the final administrative decision of the Department of Environmental Quality.

NOTICE

Rights for Rehearing or judicial review will be lost without action taken in a timely manner. A Party has the right to request a rehearing from the Department of Environmental Quality pursuant to A.R.S. § 41-1092.09(A). In addition, the matter may be reviewed by the Superior Court, pursuant to A.R.S. § 41-1092.08(H), although a party may be required to seek a rehearing from the Department of Environmental Quality before petitioning the Superior Court for such review. See A.R.S. § 41-1092.09(B). Further rights may be lost without action taken in a timely manner. Parties may wish to review these statutes as quickly as possible after receipt of this notice. The relevant statutes may be found at the local library or on the internet at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.

Not later than ten days after a complaint for judicial review of an administrative decision is filed with the Superior Court, the party who filed the complaint must file a notice of the action with the Office of Administrative Hearings.

Done this day, April 29, 2025.

/s/ Tammy L. Eigenheer

Assistant Presiding Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Karen Peters

Department of Environmental Quality

1110 W Washington St, Sixth Floor

Ste. 127,

Phoenix, AZ 85007

J. Nicholas Bacon, Esq.

Office of the Attorney General

[email redacted]

Bryce Kirkpatrick

[email redacted]

By: OAH Staff