ALJDEC

01-12754-CPP · Department of Administration - Capitol Police Parking · 2001-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 9, 2001. APPEARANCES: Robert Frazer appeared on his own behalf. No representative appeared on behalf of the Capitol Police. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT This matter was set for hearing on July 9, 2001 at 9:30 a.m. to consider Robert Frazer’s appeal of the citation issued to him by Capitol Police on March 1, 2001. Mr. Frazer appeared but no representative of Capitol Police appeared. Consequently, no evidence in support of the citation was presented. By failing to appear and prosecute the ticket, the agency failed to carry its burden of proving by a preponderance of the evidence that the allegations contained in the citation were true. CONCLUSIONS OF LAW The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508 (App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). By failing to appear and present evidence, Capitol Police failed to sustain its burden of proving, by a preponderance of reliable, substantial and probative evidence, that Respondent committed the alleged parking violation. . . . RECOMMENDED ORDER IT IS RECOMMENDED that the Director of the Department of Administration dismiss the citation issued to Robert Frazer on March 1, 2001. Done this day, July 9, 2001.

______________________________________ Gregory L. Hanchett Administrative Law Judge

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

Department of Administration-Capitol Police Parking J. Elliott Hibbs 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