ALJDEC

01-12520-AFR · Office of Alternative Fuel Recovery · 2001-09-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|IN THE MATTER OF: | | Nos. 01-12520-AFR | | | |01-17645-AFR | | | |RECOMMENDED DECISION | |ALLEN R. MARSH, | |OF ADMINISTRATIVE | | | |LAW JUDGE | |PETITIONER. | | | | | | |

On September 14, 2001, at 9:00 a.m., a hearing was scheduled to address Allen Marsh’s challenge of a decision by the Office of Alternative Fuel Recovery (the “Office”) to deny his Alternative Fuel Loss Reimbursement Application and his Alternative Fuel Grant Application. Neither Petitioner Allen Marsh nor Assistant Attorney General Patrick Irvine appeared. The record was kept open until approximately 9:20 a.m. to allow for the appearance of either party, or the receipt of any information which would constitute good cause for either party’s absence or delay. No such information was received. Based on the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order: FINDING OF FACT Petitioner failed to appear, therefore, no evidence was presented at the hearing in support of his appeal. CONCLUSIONS OF LAW In this proceeding, Mr. Marsh bears the burden to prove, by a preponderance of the evidence, that the Office improperly denied his application for alternative fuel loss reimbursement and his alternative fuel grant application. See Arizona Administrative Code (“A.A.C.”) Rule R2-19-119. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). Mr. Marsh, by the aforementioned default in appearance at the hearing, failed to prove by a preponderance of the evidence that the Office improperly denied his application for alternative fuel loss reimbursement and alternative fuel grant application.

RECOMMENDED ORDER Based on the foregoing, it is recommended that the Director of the Office affirm the denial of Mr. Marsh’s reimbursement and grant applications.

Done this day, September 14, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of September, 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