ALJDEC

01-12239-CPP · Department of Administration - Capitol Police Parking · 2001-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 29, 2001 APPEARANCES: Appellant Joe Fox failed to appear. The Arizona Department of Administration, Capitol Police failed to appear. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

FINDINGS OF FACT Appellant Joe Fox contested the issuance of Capitol Police Parking Citation No. 12239 (“Citation No. 12239”). After proper notice, this matter came on for a regularly scheduled hearing on Thursday, March 29, 2001 at 10:30 a.m. As of 10:30 a.m. on March 29, 2001, neither Mr. Fox nor the Arizona Department of Administration, Capitol Police (the “Department”) had appeared for the hearing. The Administrative Law Judge delayed commencing the hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Mr. Garcia and/or the Department. Neither party appeared in that time, and the Administrative Law Judge convened the hearing in the parties’ absence. CONCLUSIONS OF LAW In this matter, the Department bore the burden to prove the allegations charged in Citation No. 12239. By its failure to appear at the hearing, the Department failed to present any evidence, and therefore failed to sustain its burden of proof. Because the Department failed to sustain its burden of proof, Citation No. 12239 should be dismissed. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 12239 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.

______________________________________ Daniel G. Martin Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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 ___________________________ -----------------------

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