ALJDEC

01-12554-CPP · Department of Administration - Capitol Police Parking · 2001-05-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing of this matter was set for 10:30 a.m. on May 4, 2001. Notice of Hearing was mailed out by Capitol Police on March 28, 2001. At the time and place for the hearing, neither party appeared. The record was kept open until approximately 10:50 a.m. to allow for the appearance of Petitioner or Capitol Police, or the receipt of any information which would constitute good cause for their absence or delay. No such information was received. This is a contested case as defined by A.R.S. § 41-1001(4). As such, Capitol Police bears the burden of showing, by a preponderance of the evidence, that Petitioner has violated traffic and parking rules. A.R.S. § 41-796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). By failing to appear in order to present its evidence, Capitol Police has not met its burden. ORDER IT IS ORDERED that citation number 12554 is reversed and dismissed with no fine. Done this day, May 7, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of May, 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