ALJDEC

98A-H1968-REL · Department of Real Estate · 1998-10-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In The Matter Of the Real | |Docket No. 98A-H1968-REL | |Estate | | | |Salesperson's License of: | | | | | |ORDER GRANTING JOINT MOTION TO VACATE | |JOHN C. HAUSNER, | |SCHEDULED HEARING AND REMANDING MATTER TO | | | |DEPARTMENT WITH RECOMMENDATION TO APPROVE | |Respondent. | |AND ENTER PROPOSED CONSENT ORDER | | | | |

The above-entitled matter came on for hearing on October 9, 1998. The Respondent was represented by his attorney, Keith R. Lalliss, Esq. and the Arizona Department of Real Estate was represented by Assistant Attorney General, Moira McCarthy, Esq.

Immediately prior to the formal opening of the scheduled hearing, and following discussions between the parties who had appeared, the undersigned Administrative Law Judge was informed that the parties had mutually concluded a settlement agreement, the essential terms of which were read onto the record.

Both parties joined in a request to vacate the scheduled hearing and also presented to this tribunal a copy of a proposed form of Consent Order, executed by counsel for both parties, the original of which was to be promptly submitted to the Commissioner of the Department for approval and adoption, thereby resolving all issues involved in this administrative action.

The parties’ settlement agreement, as well as the contents of the proposed Consent Order, appeared to be fair and reasonable under the circumstances and such agreement further appeared to have been the product of voluntary and knowledgeable action on the part of both parties. Accordingly, IT IS HEREBY ORDERED that the scheduled hearing be vacated from the calendar of the Office of Administrative Hearings in accordance with the parties’ request, and IT IS FURTHER ORDERED that

this matter be remanded to the Commissioner of the Arizona Department of Real Estate with the recommendation that the Commissioner approve and adopt the terms of the settlement agreement and enter an Order consistent with the contents of the proposed Consent Order, as submitted.

Dated: October 14, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Jerry Holt, Commissioner Department of Real Estate 2910 North 44th Street (Suite 100) Phoenix, AZ 85018

ATTN: Bonnie Hollon -----------------------

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