VACATE

97A-O127-DEQ · Department of Environmental Quality · 1997-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

APPEARANCES: Arizona Department of Environmental Quality: Karen E. Errant, Esq., Assistant Attorney General Texaco Refining and Marketing, Inc.: John M. Pearce, Esq. ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

These matters were set for hearing on December 15, 1997. On December 12, 1997, Assistant Attorney General Karen E. Errant, Esq., representing the Arizona Department of Environmental Quality, and John M. Pearce, Esq., representing Texaco Refining and Marketing, Inc., filed a Stipulation to Dismiss the hearing, for the reason that the parties had mutually resolved the contested issues. As the parties have mutually resolved the issues to be heard, there is no need to hold a hearing. A contested case may be resolved by agreed settlement of the parties. Arizona Revised Statutes § 41-1061(D). For the foregoing reason, IT IS ORDERED vacating the hearing set for December 15, 1997. IT IS RECOMMENDED to the Director that this appeal be dismissed. SUBMITTED this 15th day of December, 1997.

George A. Schade, Jr. Administrative Law Judge The original Order Vacating Hearing and Recommending Dismissal was mailed on December 15, 1997, to:

Russell F. Rhoades Director Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, Arizona 85012

and a copy was mailed to:

Karen E. Errant, Esq. Assistant Attorney General Office of the Attorney General 1275 West Washington Phoenix, Arizona 85007

John M. Pearce, Esq. Ryley, Carlock & Applewhite Suite 2700 101 North First Avenue Phoenix, Arizona 85003

John M. Schaefer 3924 East Talowa Street Phoenix, Arizona 85044

George A. Schade, Jr. -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826