ALJDEC

98A-F125-DEQ · Department of Environmental Quality · 1999-01-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 25, 1999 APPEARANCES: Charles Miccia on his own behalf; Assistant Attorney General Joan Card on behalf of the Arizona Department of Environmental Quality ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ Prior to convening the hearing, the parties engaged in settlement discussions. Those discussions resulted in a resolution of this matter as follows: Charles Miccia (“Applicant”) requested that the hearing be vacated upon the express condition that the Arizona Department of Environmental Quality (the “Department”) provide him with two weeks from the date of the hearing within which to file documents in support of his application. Those documents are to be in compliance with the requirements set forth in A.A.C. R18-12-601. The Applicant waives any right to a hearing on the Department’s determination of his claim. Additionally, the Applicant will abide by the Department’s decision upon the processing and evaluation of the additional documents, if any. Further, in the event that no additional documents are filed by the Applicant, the Department will dismiss this matter with prejudice. The Administrative Law Judge determined that the settlement agreement is fair and reasonable and recommends that the Director of the Department approve the agreement.

THEREFORE, IT IS ORDERED that this matter be vacated from the docket of the Office of Administrative Hearings and remanded to the Director of the Department for any further appropriate action. Done this day, January 27, 1999

_________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

John Hagen, Acting Director, Acting Director Department of Environmental Quality 3033 North Central Avenue Phoenix, AZ 85012

ATTN: Lavonne Watkins

Charles Miccia 29489 Patterson Road Buckeye, Arizona 85326

Joan Card Assistant Attorney General 1275 West Washington Phoenix, Arizona 85007

By _______________________________

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