ALJDEC

01-12630-AFR · Office of Alternative Fuel Recovery · 2001-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|BRAKE SHOPPES COMPLETE AUTOCARE (D. | | No. 01-12630-AFR | |SCOTT ESTES) | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |Appellant, | |LAW JUDGE | | | | | |-v- | | | | | | | |ARIZONA OFFICE OF ALTERNATIVE FUEL | | | |RECOVERY, | | | | | | | |Appellee. | | | | | | | | | | |

HEARING: August 20, 2001. APPEARANCES: No appearances were made by either the Appellant or the Appellee. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of authorized representatives or legal counsel for the Appellant and the Appellee. 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 of the denial of its Alternative Fuel Loss Reimbursement Application by the Appellee. 2. Appellant failed to present any evidence at the hearing in support of its appeal.

CONCLUSIONS OF LAW

1. The burden of proof at the administrative appeal such as the instant case falls to the Appellant. 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 its default in appearance at the hearing, failed to present any evidence to sustain its burden of proving that the prior denial of its Alternative Fuel Loss Reimbursement Application by Appellee should be overturned. 3. Appellant’s appeal in this matter should be dismissed.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Appellant’s appeal in this matter be dismissed. Done this day, August 20, 2001

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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 ___________________________ -----------------------

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