Southwest Sunsites, Inc.
Volume 101 · 101 F.T.C. 352
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Southwest Sunsites, Inc., 101 F.T.C. 352 (1983). Consumer Law Library, https://consumerlawlibrary.org/decisions/v101-0014
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IN THE MATTER OF SOUTHWEST SUNSITES, INC., ET AL.
Docket 9134. Interlocutory Order, Feb. , 1983 ORDER ESTABLISHING PROCEDURES FOR SUBMISSION OF PORTER REALTY CONSENT AGREEMENT On February 11, 1981, complaint counsel and respondents, Irvin Porter and Porter Realty, Inc. ("broker respondents ) executed an Agreement Containing Consent Order to Cease and Desist ("consent"). Thereafter, pursuant to a joint motion by the parties, the Administrative Law Judge ("ALJ") stayed the litigation with respect to these respondents. Trial of the remaining respondents ("subdivider respondents ) was conducted from April 1981 into February 1982. On July 29, 1982, the ALJ issued an initial decision dismissing the complaint as to subdivider respondents. However, complaint counsel has acknowledged that the executed consent and supporting staff recommendation were not submitted to the Bureau of Consumer Protection for final approval so that the matter, as to broker respondents, could be withdrawn from adjudication in a timely fashion. See Complaint Counsel's January 24, 1983 Response to Commission s Order Directing Submission of Briefs at 2, Rules of Practice, Section 3.25(c), 16 R. 3.25(c).
Section 4.7(1) of the Commission s Rules of Practice, 16 C.F.R. 4.7(1), permit ex parte communications between complaint counsel and the Commission for the purpose of evaluating proposed consent settlements that are executed by some, but not all, respondents. However to avoid any appearance that complaint counsel has obtained an advantage because of the status of the proposed consent it is hereby ordered that all communications from complaint counsel to the Commission concerning the proposed consent signed by Porter Realty, Inc. and Irvin Porter be made on the record. Complaint counsel is also ordered to submit the consent agreement and any recommendations concerning it within sixty (60) days following issuance of this order. The proposed consent agreement wil then be considered in conjunction with the adjudicative case now pending before the Commission. 353 Modifying Order