ALJDEC

01-12599-CPP · Department of Administration - Capitol Police Parking · 2001-04-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|IN THE MATTER OF | | No. 01-12599-CPP | |THE APPEAL OF THE CITATION | |DECISION AND ORDER | |ISSUED TO: | |OF ADMINISTRATIVE | | | |LAW JUDGE | | | | | |MARINACIA TORRES | | | |2132 W. Elm Street | | | |Phoenix, AZ 85015 | | | | | | |

HEARING: April 13, 2001 APPEARANCES: Appellant was not present. Capitol Police, Department of Administration was not represented. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________

FINDINGS OF FACT The hearing in this matter was set for 9:30 a.m. on April 13, 2001. The Notice of Hearing was mailed out by Capitol Police on February 28, 2001. Appellant did not appear at the time and place for the hearing. Capitol Police was represented by Officers Scott Hobert and Mario Trevizo, however, neither were prepared to proceed regarding the instant citation, and the citing officer was not present. Consequently, there was no evidence presented by Capitol Police as to the factual circumstances surrounding the issuance of the instant citation or of the alleged violation. CONCLUSIONS OF LAW 1. The Capitol Police, Department of Administration (“Department”) had the burden of proving a violation of the State’s Parking and Traffic Rules by Appellant. 2. The Department failed to meet its burden of proving by the weight of credible evidence that Appellant violated the State’s Parking and Traffic Rules established under A.R.S. §41-796. ORDER Based on the above, IT IS ORDERED that no penalty be imposed against Appellant and that citation no. 12599 be dismissed. Notwithstanding A.R.S. §41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final administrative decision. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-208 and A.R.S. §41- 1092.09(A). The Appellant has the right to appeal the action to the Superior Court, pursuant to A.R.S. §41-1092.08(H).

Done this day, April 16, 2001.

______________________________________ Sondra J. Vanella 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 ___________________________

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