ALJDEC

01-12079-AFR · Office of Alternative Fuel Recovery · 2001-07-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 22, 2001 APPEARANCES: Neither party appeared ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

This matter came on for a regularly scheduled hearing on Friday, June 22, 2001 at 9:00 a.m. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of either Appellant Robert J. McDermott or the Office of Alternative Fuel Recovery. Neither party appeared. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order: FINDINGS OF FACT Appellant Robert J. McDermott appealed a decision by the Office of Alternative Fuel Recovery (the “Office”) to deny his Alternative Fuel Loss Reimbursement Application. On May 2, 2001, the Office issued a notice of hearing setting this matter for hearing on June 22, 2001 at 9:00 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. Neither Mr. McDermott nor the Office appeared for the hearing.

CONCLUSIONS OF LAW The burden of proof was on Mr. McDermott to establish, by a preponderance of the evidence, that the Office improperly denied his Alternative Fuel Loss Reimbursement Application. By virtue of his failure to appear and present evidence, Mr. McDermott failed to sustain the required burden of proof. Because Mr. McDermott failed to appear at the hearing and present evidence, and thereby failed to sustain the required burden of proof, it is appropriate that the Director of the Arizona Department of Administration dismiss Mr. McDermott’s appeal. RECOMMENDED ORDER Based on the foregoing, It is recommended that the Director of the Arizona Department of Administration dismiss Mr. McDermott’s appeal.

Done this day, July 11, 2001.

______________________________________ Daniel G. Martin Administrative Law Judge

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

J. Elliott Hibbs, Director Department of Administration Office of Alternative Fuel Recovery ATTN: Michael Murphy 1700 W. Washington, Suite 103 Phoenix, AZ 85007

By ___________________________ -----------------------

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