ALJDEC

00-10527-CPP · Department of Administration - Capitol Police Parking · 2000-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of Capital Police | | No. 00-10527-CPP | |Parking Citation 10527 Issued to: | | | | | | | |Michael H. French | | | |1535 West Jefferson | |DECISION AND ORDER OF THE | |Phoenix, Arizona 85007 | |ADMINISTRATIVE LAW JUDGE | | | | | |Petitioner/Appellant. | | | | | | |

HEARING: July 11, 2000

APPEARANCES: No one appeared on behalf of either party.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was set for 9:00 a.m. on July 11, 2000. Notice of Hearing was mailed out by Capitol Police on May 24, 2000. At the time and place for the hearing, no one from either party appeared. This tribunal waited twenty minutes but neither Petitioner nor anyone 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 Petitioner 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 10527 is reversed and dismissed with no fine.

Done this 12th day of July 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

. . .

Original Decision and Order mailed this ___ day of July 2000, for distribution, to:

J. Elliott Hibbs, Director ATTN: Wendy Hammon Department of Administration-Capital Police Parking 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