ALJDEC

01-12059-CPP · Department of Administration - Capitol Police Parking · 2001-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 27, 2001 APPEARANCES: No appearance was made by the Department of Administration; Capitol Police; Robert Kelly appeared on his own behalf ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT Appellant Robert Kelly contested the issuance of Capitol Police Parking Citation No. 10259 (“Citation No. 10259”). By correspondence dated February 15, 2001, the Arizona Department of Administration, Capitol Police (the “Department”) advised Mr. Kelly that a hearing on his citation would be held on March 27, 2001, at 9:30 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. 3. At the date and time set for hearing in this matter, the Department failed to appear. CONCLUSIONS OF LAW In this matter, the Department bore the burden to prove the allegations charged in Citation No. 10259. By its failure to appear at the hearing, the Department failed to present any evidence, and therefore failed to sustain its burden of proof. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 10259 is dismissed. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliot Hibbs, Director of the Department, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department pursuant to A.A.C. R2-6-207 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, March 29, 2001.

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Department of Administration-Capitol Police Parking J. Elliott Hibbs 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