ALJDEC

00-10230-CPP · Department of Administration - Capitol Police Parking · 2000-07-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 26, 2000 APPEARANCES: Mr. Frank Beltram was present. No one appeared on behalf of Capitol Police. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ The hearing in this matter was set for 10:30 a.m. on July 11, 2000. Notice of Hearing was mailed out by Capitol Police on May 24, 2000. A request to continue the matter, made by Mr. Beltram was granted on June 8, 2000, and an Order Granting Continuance was sent to both parties on June 9, 2000, setting the continued matter for July 26, 2000 at 10:30 a.m. On July 26, 2000, Mr. Beltram was present at the time and place for hearing, however, no one from Capitol Police appeared. This is a contested case as defined by A.R.S. §41-1001(4). As such, the State bears the burden of showing, by a preponderance of the evidence, that Mr. Beltram has violated traffic and parking rules. A.R.S. §41- 796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). By failing to appear in order to present its evidence, the State has not met its burden. ORDER IT IS ORDERED that citation 10230 is reversed and dismissed with no fine.

Done this day, July 26, 2000.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of July, 2000, to:

J. Elliott Hibbs, Director Department of Administration-Capitol Police Parking Attn.: Wendy Hammon 1700 W. Washington, Room B-15 Phoenix, Arizona 85007

By ___________________________

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