Okay. Let's go on the record. This is the time scheduled for hearing in the matter of Robert Steven Swagger. The docket number is SDash21208ADash22Dash0254. I'm Administrative Law Judge Mark Prenny. I will be presiding over the matter today. Let's begin by taking appearances for the record starting with counsel for the securities division. Good morning, your honor. ResArt Amate for the securities division. And with me today is, director of enforce enforcement, mister, Paul Kitchen, missus, Karen Hall, legal assistant supervisor,
and Karen Gerdes, securities division division special investigator. Good morning. Let me make sure I'm pronouncing your name correctly. Is it, miss Matai? Matai. Matai. Okay. Thank you. It's a silent h. Okay. Silent h. Okay. And at the other table. Good morning, your honor. My name is Andrew Pacheco. I recognize we're we're missing, one one human responded and a couple companies. Miss Matai, do you have any information on where where mister Swagger is this morning? Thank you, your honor. Yeah. That's right. So last communication with mister, Robert Swagger was yesterday when he submitted to us or let us, known about his,
motion to continue for today's hearing. Other than that, I don't have any information if he will be today's, for this hearing or if he's just waiting for your decision about that motion to continue the today's hearing. Okay. The I'll note that his filing indicated that the motion was unopposed. Is that correct? That's true. Okay. And I noticed that there there was another motion filed a couple hours earlier, by you, Ms. Matai. That's true, your honor. So, yesterday around noon, we submitted, a motion to vacate hearing partially just for,
Mrs. Terri Lynn Swagger and affirming the hearing dates that you have already ruled for other respondents, meaning Robert Swaggart, TRS Burefix, LLC and TRS Companies, LLC. And that was I have been submitted yesterday, and we're waiting for that ruling. And as you know, we have that other motion from those three, respondents that are not today. What is the division's position at this time on how we should proceed today? We as a division, actually, we're working with, mister Robert Steven Swagger and the two other companies that he's representing to achieve a
proposal consent order, and we are on those discussions yet. So if the court will decide to continue the hearing for tomorrow, hopefully, we will have something for the commission to approve in the open meeting around mid November, maybe, if that is, what we hope to happen today, if you give that the date to continue and working for that consent order proposal from mister Swagger. That's the position for today. So, yeah, we don't oppose his motion to continue for today just for the sake of achieving
a consent a proposal consent order for the for the commission. Okay. Mr. Pacheco, do you have anything you'd like to state regarding the status of things? Well, I would state that we're grateful for the working relationship we've had with the with the commission and commission council and we're hopeful that, that you will see fit to, to vacate today as to Ms. Terry Lynn Swagger. Okay. And the status of Ms. Swagger's, consent agreement, she assigned it and at this point, you're waiting for it to appear on an open meeting schedule. Is that correct? Yes. Okay. Okay. I see no issues with,
vacating as to miss Swagger. So I'll go ahead and and grant that motion from the division. Thank you. Thank you. Mister Pacheco, I don't know if if you wish to to remain any longer. I would like to be excused. Unless the division has an objection to that. We don't have any objection. Mister Pacheco, I thank you for appearing, and, you may resume your day on better pursuit. Good day, sir. Thank you. Miss Mittai, so you'll be ready to start your first witness tomorrow. Is that is that your preference? Yes, your honor. So if the you decide for today to continue the hearing,
we are prepared to start with opening statement and with, the witness that we are introducing into other witnesses from our division. Assuming we proceed in that direction, I I know we were originally scheduled for six days. We're looking now at being at four. How long do you think it would take to present the division's case? At maximum will be, your honor, two to three days. No more than that. So we have one witness and investigator and, chief accountant from our division, and that's what we have. Okay. And assuming you reach an agreement, you could file something today, to dismiss the remainder of the hearing schedule?
Can you repeat that again? Assuming you reach an agreement with, mister Swagger, you can file something today to dismiss the remainder of the hearing schedule? Yes. So that's the plan. So if we achieve something today, from the from our side, then for sure we will decide to locate the the rest of the hearing dates. But mister Kitchen will explain better because he has been in the lead of for the consent order, settlement and everything. Okay. Mister Kitchen? Thank you, your honor. To elaborate, just because I know a little more about the the back and forth, mister Swagger and his representatives have warned me that they might not be able to
decide something, you know, by the end of the day today in time for us to file something to know in advance what tomorrow looks like. So I can imagine a scenario where we show up here at 9AM tomorrow. Maybe they'll be ready to sign by then. Maybe we'll ask to continue it till, you know, 1PM tomorrow afternoon. I don't expect we would go past 1PM tomorrow based on our own witnesses' availability. We think that's gonna be when it will be done by, but we might not be able to avoid showing up again in the morning depending on their availability and the people they have to talk to to to advise him.
Okay. And, mister Kitchen, I'm I'm assuming since, you're advocating proceeding in this way, you you think it's in the interest of justice that we attempt to, settle this by consent as opposed to starting a hearing today? Yes, your honor. I I think it's, I think it's going to be worth doing. I just wanted to manage expectations, not overpromise that we can't, avoid having to convene again tomorrow morning. We might need to. K. I appreciate, your candor, mister Kitchen. I I will express that next week, we're gonna hit the the the three year anniversary from when this, notice of hearing was originally filed.
So so it is very much my intent to see that a resolution be reached some some way somehow before the end of our scheduled hearing days. So, with that, I will bid you folks good luck with negotiations, and we can resume here tomorrow at 9AM, unless I receive a filing, prior to that, I guess, today. Otherwise, I guess we'll be here tomorrow morning. Anything else, mind, we will adjourn until 9AM tomorrow, and we'll proceed with the hearing at that point unless, another arrangement has been decided.
So we're in recess until tomorrow morning. Thank you.