ALJDEC

01-12602-AFR · Office of Alternative Fuel Recovery · 2001-06-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 26, 2001. APPEARANCES: The Appellant, Wayland Darrel Yarbrough, did not appear. The Office of Alternative Fuel Recovery was represented by Assistant Attorney General Sara Branscum. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. This matter came on for hearing Appellant’s appeal regarding the denial of his Alternative Fuel Loss Reimbursement Application by the Office of Alternative Fuel Recovery. 2. The Office of Alternative Fuel Recovery issued a notice of hearing dated May 3, 2001 advising the Appellant of the time, date and location of the administrative hearing. That notice was sent to Appellant at the following address: 1618 S. Country Club Road, Tucson, Arizona. Appellant is found to have received proper notice of the hearing. 3. The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of the Appellant or an attorney representing him. The undersigned Administrative Law Judge also checked the Office of Administrative Hearings’ electronic docketing system to determine if the Appellant or an attorney representing him had telephoned to advise that he or his attorney were running late. Those records revealed no such telephone call received. 4. Appellant failed to present any evidence in support of his appeal of the denial of his Alternative Fuel Loss Reimbursement Application by the Office of Alternative Fuel Recovery.

CONCLUSIONS OF LAW

1. The Appellant has the burden of proof on this appeal. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508 (App. 1997). Further, the standard of proof is that of a “preponderance of the evidence.” Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 2. Appellant, by his default in appearance at the hearing, failed to sustain his burden of showing cause why the prior denial of his Alternative Fuel Loss Reimbursement should be overturned. 3. Appellant’s appeal should be dismissed.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Appellant’s appeal in this matter be denied. Done this day, June 26, 2001.

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Office of Alternative Fuel Recovery Kathy Peckardt, Executive Director 1700 W. Washington, Suite 103 Phoenix, AZ 85007 ATTN: Lorinda Goodman

By ___________________________

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