ALJDEC

01-12238-AFR · Office of Alternative Fuel Recovery · 2001-06-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | | No. 01-12238-AFR | | | | | |RICK A. CROSBY | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | | | |LAW JUDGE | | | | |

HEARING: June 12, 2001. APPEARANCES: Complainant failed to appear. Respondent was represented by Patrick Irvine, Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________

FINDINGS OF FACT This matter was set for hearing on June 12, 2001 at 1:30 p.m. at the Office of Administrative Hearings in Phoenix, Arizona. Complainant was properly notified of the time and place of the hearing. The purpose of the hearing was to consider the partial denial of Complainant’s Alternative Fuel Loss Reimbursement application. Complainant failed to appear. Complainant, having failed to appear, did not present evidence in support of her complaint. CONCLUSIONS OF LAW The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508 (App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). By failing to appear and present evidence, Complainant failed to sustain his burden of proving, by a preponderance of reliable, substantial and probative evidence, that Respondent violated statute, regulation or legal principle in partially denying Complainant’s Alternative Fuel Loss Reimbursement Application. Consequently, the record does not contain a finding in support of the appeal. RECOMMENDED ORDER IT IS RECOMMENDED that the Complainant’s appeal be denied based on his failure to carry his burden of proof. Done this day, June 12, 2001.

______________________________________ Gregory L. Hanchett Administrative Law Judge

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

Office of Alternative Fuel Recovery Kathy Peckardt 1700 W. Washington, Suite 103 Phoenix, AZ 85007 ATTN: Lorinda Goodman

By ___________________________

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