ALJDEC

01-12578-CPP · Department of Administration - Capitol Police Parking · 2001-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 27, 2001 APPEARANCES: Isabelle Mendez for the Department of Administration, Capitol Police; Terry Allison on his own behalf ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT Appellant Terry Allison contested the issuance of Capitol Police Parking Citation No. 12578 ( the “Citation”). By correspondence dated January 4, 2001, the Arizona Department of Administration, Capitol Police (the “Department”) advised Mr. Allison that a hearing on his citation would be held on February 15, 2001, at 10:30 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. In an Order issued by Administrative Law Judge Dorinda Lang on February 15, 2001, the hearing was continued to March 27, 2001, at 10:30 a.m. 3.On March 27, 2001, the Department’s representative, Capitol Police Aide Isabelle Mendez orally presented a Motion to Dismiss. Mr. Allison did not oppose the motion. The Administrative Law Judge granted the Department’s Motion to Dismiss.

CONCLUSIONS OF LAW In this matter, the Department bore the burden to prove the allegations charged in the Citation. Because the Department decided to dismiss the Citation it did not present any evidence to sustain its burden of proof. ORDER Based on the foregoing, IT IS HEREBY ORDERED that the Citation be 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.

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Department of Administration-Capitol Police Parking J. Elliott Hibbs 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