ALJDEC

99A-F149-DEQ · Department of Environmental Quality · 1999-09-01

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on September 1, 1999 pursuant to advance notice duly sent to all interested parties. Although neither the named Appellant nor counsel for the Arizona Department of Environmental Quality appeared at the time and place set for the administrative hearing, Patricia Nowack, Acting Administrator for the State Assurance Fund, was present.

At the outset of the scheduled hearing, Ms. Nowack presented to the tribunal a copy of a facsimile transmission (“FAX”) received by one of the interested parties to this proceeding and purportedly sent by or on behalf of Appellant’s representative, Michael E. Beasley, Environmental Engineer for Equiva Services LLC, doing business as Texaco Refining and Marketing, Inc. Although the FAX copy was unsigned and apparently not yet received by any of the other addressees, including the undersigned Administrative Law Judge, it did appear that the contents of the communication were factually accurate. More specifically, the written communication from Appellant’s representative may properly be and was treated as the filing of confirmation that all matters in issue between the parties have been resolved and that the prior request for a formal hearing was being expressly withdrawn, effectively terminating the pending administrative action.

In view of the foregoing, and sufficient cause otherwise appearing herein, IT IS HEREBY ORDERED that this matter be remanded to the Director of the Arizona Department of Environmental Quality with the recommendation that the previously submitted appeal in this matter be dismissed.

Dated: September 2, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Jacqueline E. Schafer, Director, Arizona Department of Environmental Quality 3033 North Central Avenue Phoenix, AZ 85012

ATTN: Lavonne Watkins

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826