ALJDEC

01-12077-CPP · Department of Administration - Capitol Police Parking · 2001-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 5, 2001 APPEARANCES: Neither party appeared. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Appellant Brian Peterson contested the issuance of Capitol Police Citation No. 12077. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Order: FINDINGS OF FACT The Arizona Department of Administration, Capitol Police (the “Department”), failed to appear for the hearing. By virtue of its failure to appear, the Department did not present any evidence at the hearing in support of the charges set forth in the parking citation that is at issue in this matter. CONCLUSIONS OF LAW The burden of proof was on the Department to establish, by a preponderance of the evidence, the charges set forth in the parking citation that is at issue in this matter. By virtue of its failure to appear and present evidence, the Department failed to sustain the required burden of proof. Because the Department failed to sustain the required burden of proof, it is appropriate that Citation No. 12077 be dismissed. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 12077 is 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. R2-6-207 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, February 5, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

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