ALJDEC

01-12589-CPP · Department of Administration - Capitol Police Parking · 2001-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2001. APPEARANCES: Appellant Lionel Celaya appeared. No Aide or Officer with the Capitol Police, Arizona Department of Administration appeared. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________

FINDINGS OF FACT 1. Appellant Lionel Celaya contested the issuance of Capitol Police Parking Citation No. 12589 (Citation). This Citation was issued alleging “unauthorized parking in a reserved parking space”. 2. Pursuant to a Notice of Hearing issued by the Arizona Department of Administration-Capitol Police, this matter came on for regularly scheduled hearing on Monday, April 2, 2001 at 9:30 a.m. 3. The commencement of this hearing was delayed for approximately one hour, during which time another Appellant’s hearing was held. This allowed added time for any appearance by or on behalf of either party. 4. Appellant Celaya appeared on his own behalf. 5. The Department failed to appear at the time set for hearing, or within the delayed time, thereby, failing to make an appearance in this matter. CONCLUSIONS OF LAW 1. In this matter, the Department bore the burden to prove the parking violations alleged and charged in Citation No. 12589. 2. By its failure to appear at the hearing, the Department failed to present any evidence and, therefore, failed to sustain its burden of proof. 3. Because the Department failed to sustain its burden of proof, Citation No. 12589 should be dismissed. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 12589 is dismissed. IT IS FURTHER ORDERED, notwithstanding the language contained in Arizona Revised Statutes (A.R.S.) §41-1092.08, based on a standing motion of J. Elliot Hibbs, Director of the Department of Administration, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department pursuant to Arizona Administrative Code (A.A.C.) R2-6-207 and A.R.S. §41- 1092.09(A). This decision may be appealed to the Superior Court, pursuant to A.R.S. §41-1092.08(H). ORDERED and DATED this day, April 13, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Original transmitted by mail this ____ day of April, 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 PH(602) 542-9826/ FAX 542-9827