VACATE

99A-F167-DEQ-TAP · Department of Environmental Quality · 1999-09-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter is set for hearing on October 7, 1999. On September 22, 1999, Assistant Attorney General Joan Card, Esq., representing the Arizona Department of Environmental Quality (“Department”), filed a Notice of Withdrawal and Motion to Dismiss Without Prejudice requesting that the hearing be vacated, and that the Administrative Law Judge recommend that this matter be dismissed without prejudice, for the reason that the Department was withdrawing its June 11, 1999, State Assurance Fund Reimbursement determination at issue in this appeal. The Department reserved its right to reissue a determination. The Department’s withdrawal does not prejudice an appellant’s right to appeal a reissued determination. Accordingly, IT IS ORDERED vacating the hearing set for October 7, 1999. RECOMMENDED ORDER IT IS RECOMMENDED to the Director of the Department that this appeal be dismissed without prejudice. ORDERED AND SUBMITTED this 24th day of September, 1999.

George A. Schade, Jr. Administrative Law Judge

The original of this Order Vacating Hearing and Recommending Dismissal of Appeal Without Prejudice was mailed on September 24, 1999, to:

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

and a copy was mailed to:

Joan Card, Esq. Environmental Enforcement Section Office of the Attorney General 1275 West Washington Phoenix, Arizona 85007

Daniel L. Muchow, Esq. Quarles & Brady, L. L. P. One East Camelback Road, Suite 400 Phoenix, Arizona 85012

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

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