April 23, 2010

Decision and Order

On March 29, 2010, the parties filed a Joint Motion to Suspend Proceedings and Accept Proposed Settlement ("Joint Motion") together with a proposed Disposition Agreement. On March 30, 2010, the Presiding Officer, Commissioner Charles B. Swartwood, III, granted the Joint Motion in part, suspended the adjudicatory hearing scheduled for March 31 st, and otherwise referred the Joint Motion and the proposed Disposition Agreement to the full Commission for deliberations on April 16, 2010.

In the proposed Disposition Agreement, Respondent Daniel Rowan admits that he violated G. L. c. 268A, § 23(b)(2) and § 23(b)(3) and agrees to pay a civil penalty of $1,500. Respondent also agrees to waive all rights to contest the findings of fact, conclusions of law and terms and conditions contained in the Disposition Agreement in this and any other administrative or judicial proceeding to which the Commission is or may be a party. Respondent has tendered payment of the $1,500 civil penalty. In support of the Joint Motion, the parties assert that the interests of justice, the parties and the Commission will be served by the Disposition Agreement.

WHEREFORE, the Commission GRANTS the Joint Motion. The Disposition Agreement is APPROVED. Respondent's tendered payment of the $1,500 civil penalty for violating G. L. c. 268A, § 23(b)(2) and § 23(b)(3) is accepted. Commission Adjudicatory Docket No.10-0002, In the Matter of Daniel Rowan, is DISMISSED.

DATE APPROVED: April 16, 2010

DATE ISSUED: April 23, 2010

So Ordered,

//signed//______________________

Charles B. Swartwoood, III, Chairman

cc: Mitchell J. Notis, Esq. Stephen P. Fauteux, Esq.

Law Offices of Mitchell J. Notis State Ethics Commission

370 Washington Street One Ashburton Place, Room 619

Brookline, MA 02445 Boston, MA 02108

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