ALJDEC

01-11265-CPP · Department of Administration - Capitol Police Parking · 2001-02-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 12, 2001 at 10:30 a.m. APPEARANCES: Appellant did not appear; the Arizona Department of Administration, Capitol Police Parking (“the Department”) did not appear. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Order are made: FINDINGS OF FACT The Department did not present any evidence at the hearing in support of the allegations set forth in the parking citation at issue. CONCLUSIONS OF LAW 1. The Department bears the burden of proof and must establish that Appellant violated a parking regulation by a preponderance of the evidence.[1] The Department, by failing to appear at the hearing, failed to sustain its burden of proving the charges set forth in the parking citation. ORDER In view of the foregoing, and in light of the lack of prosecution by Department, it is ordered that citation no. 11265 be dismissed. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department of Administration pursuant to A.A.C. R2-6-208 and A.R.S. § 41-1092.09(A). In addition, this decision may be appealed to the Superior Court, pursuant to A.R.S. § 41-1092.08(H). Done this day, February 16, 2001.

______________________________________ Diane Mihalsky Administrative Law Judge

Original transmitted by mail this ____ day of February, 2001, to:

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

By ___________________________

----------------------- [1] See A.A.C. R2-19-119; see also Culpepper v. State, 187 Ariz. 431, 438, 930 P.2d 508, 515 (App. 1996).

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