ALJDEC

01-12603-AFR · Office of Alternative Fuel Recovery · 2001-09-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 12, 2001 at 1:30 p.m.; record left open to allow State to contact Petitioner and status conference held on September 5, 2001 at 12:00 p.m. APPEARANCES: Petitioner did not appear; the State of Arizona appeared through Patrick G. Irvine, Esq., Assistant Attorney General; neither party appeared at the status conference. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

An order issued in this matter on July 16, 2001, summarizing the discussion on the record at the hearing held four days earlier as follows: This matter was noticed for hearing on July 12, 2001 at 1:30 p.m. On that date and time, Petitioner Mr. Foote did not appear. Assistant Attorney General Patrick Irvine, Esq., appeared on behalf of the Arizona Department of Administration/Office of Alternative Fuel Recovery.

Mr. Irvine was not certain that Mr. Foote had received the notice of hearing, which had been mailed to a large office building on Central Avenue. Mr. Foote’s copy of Mr. Irvine’s hearing memorandum, which had been sent to that same address, had at first been returned as undeliverable and Mr. Irvine’s office had added to the address the name of Mr. Foote’s employer.

In any event, Mr. Irvine had studied the file and determined that Mr. Foote’s application for reimbursement, which had been denied as untimely, probably had been filed within the time allowed by statute. Mr. Irvine planned to contact Mr. Foote and attempt to resolve his appeal. To allow time for the parties to compromise their dispute,

IT IS ORDERED setting a telephonic status conference in this matter on September 5, 2001 at 12:00 p.m. The Office of Administrative Hearings will initiate the telephonic conference to Mr. Foote at 602-217-2209 and to Mr. Irvine at 602-542-8384. If these numbers are incorrect, the parties shall advise the Office of Administrative Hearings.

The undersigned requests that, if Mr. Foote’s claim is resolved and a hearing becomes unnecessary, he file a written, signed request to withdraw his appeal due to the settlement.

The order was mailed to Mr. Foote at IBM, 2929 North Central Avenue, Phoenix, AZ 85016, the only address of record for him, and to Mr. Irvine at the Arizona Attorney General’s Office, 1275 West Washington Street, Phoenix, AZ 85007-1298. Neither party contacted the Office of Administrative Hearings. On September 5, 2001, shortly after 12:00 p.m., the Office of Administrative Hearings placed calls to both numbers shown in the order. Neither Mr. Foote nor Mr. Irvine were available and messages were left for them. Mr. Foote later called the Office of Administrative Hearings to say he knew nothing about the appeal or the status conference. Because the record does not show that Mr. Foote received notice of the hearing or any information on the merits of his appeal, the Administrative Law Judge remands the appeal to the Arizona Department of Administration for informal disposition. See A.A.C. R2-19-119(4). The remand should not prejudice either party’s right to request a rehearing if they believe that the services of the Office of Administrative Hearings may help them resolve their dispute. Done this day, September 6, 2001.

______________________________________ Diane Mihalsky Administrative Law Judge

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

Department of Administration - Office of Alternative Fuel Recovery J. Elliott Hibbs, Director ATTN: Michael Murphy 1700 W. Washington, Suite 103 Phoenix, AZ 85007

By ___________________________

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