In the Matter of the Petition by

 GEORGE W. SCHULTZ
 Publisher, The Pequannock Township Argus Continuing,
 The Pequannock Township Bulletin,
 206 Newark-P0mpton Turnpike,
 Pequannock, New Jersey 07440

 Proposed Revocation of "THE PEQUANNOCK TOWNSHIP ARGUS
 CONTINUING THE PEQUANNOCK TOWNSHIP BULLETIN"

 P.S. Docket No. 2/111
 

 January 23, 1974
 

 William A. Duvall Chief Administrative Law Judge

This matter originally was heard on September 28, 1973, at which time a tentative Initial Decision was issued. The Petitioner was given opportunity to show why such Initial Decision should not be made final. Petitioner responded to this opportunity and, as a consequence, the case was reopened for further hearing on December 5, 1973, at Petitioner's request.

Prior to the reopened hearing the parties were directed to be prepared to present evidence on various issues on which the case would be decided. Neither party was adequately prepared at the reopened hearing and Petitioner was instructed to furnish, by December 15, 1973, evidence in regard to (1) the office of publication of the subject publication; (2) recent press run orders for the publication; and (3) evidence, in the form of bank deposit slips, concerning the existence of a legitimate list of paid subscribers.

On January 1, 1974, Petitioner mailed information, received by the Docket Clerk, in regard to items (1) and (2) in the preceding paragraph. Concerning item number (3) above, Petitioner advised that on January 2, 1974, he would obtain the required information and mail it to the Docket Clerk.

On January 3, 1974, Respondent moved that the tentative Initial Decision of September 28, 1973, be issued as the Initial Decision.

On January 7, 1974, an Order was issued by the undersigned pointing out the stated intent of the Petitioner promptly to furnish the missing data and allowing the Petitioner until January 10, 1974, to do so.

As of the date of this Order, despite repeated allowances of ample time to the Petitioner, the necessary information has not been forthcoming. At the September 28, 1973, hearing, Respondent introduced evidence which established a prima facie case that the second-class mailing permit for Petitioner's publication should be revoked. It was then incumbent upon Petitioner to come forward with evidence to overcome that prima facie case. Despite the fact that ample opportunity for him to do so has been provided, Petitioner has failed to produce such evidence.

In view of the lack of diligence and the apparent lack of interest on the part of the Petitioner, IT IS HEREBY ORDERED that the tentative Initial Decision herein is hereby adopted and shall be published as the Initial Decision in this matter.