VACATE

99A-O021-DEQ · Department of Environmental Quality · 1999-04-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

________________________________________________________________

On April 7,1999, at 4:59 p.m., the Office of Administrative Hearings received a document filed by counsel for the Arizona Department of Environmental Quality (“Department”) stating that the Department was withdrawing the final determination that was appealed and the subject of the hearing. Therefore, the Department requested that the matter be dismissed. The document did not indicate whether Appellant had knowledge of the Department’s determination or had knowledge of the filing of the document with the Office of Administrative Hearings. The document‘s mailing certificate showed that it was mailed to Appellant on April 7, 1999, while the hearing was scheduled for April 8, 1999. There is no indication that Appellant was made aware of the Department’s action concerning this matter. Appellant appeared at the Office of Administrative Hearings on April 8, 1999, but after conferring with a staff member of the Office of Administrative Hearings and contacting counsel for the Department, did not stay for the hearing. Counsel for the Department did not appear for the scheduled hearing. Neither party was notified by the Administrative Law Judge that the hearing was vacated. Therefore, the parties should have appeared at the hearing. However, in the interests of justice, this matter should be dismissed. . . . . . . Based on the above, IT IS ORDERED vacating this matter from the docket of the Office of Administrative Hearings. Done this day, April 12,1999.

_________________________________ LEWIS D. KOWAL Administrative Law Judge

Copies mailed this ____ day of April, 1999, to:

Jacqueline Schafer, Director, Department of Environmental Quality ATTN: Lavonne Watkins 3033 North Central Avenue Phoenix, AZ 85012

William LaTouf 5035 W. County Gables Dr. Phoenix, AZ 85036

Cynthia Campbell Assistant Attorney General 1275 W. Washington Phoenix, AZ 85007

By _______________________________

-----------------------

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