ALJDEC

01-12758-CPP · Department of Administration - Capitol Police Parking · 2001-05-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The hearing in this matter was scheduled for 9:30 a.m. on May 18, 2001. Notice of Hearing was mailed out by Capitol Police on March 28, 2001. At the time and place for the hearing, no one from either party appeared. This tribunal waited fifteen minutes but neither Petitioner nor anyone from Capitol Police appeared. This is a contested case as defined by A.R.S. § 41-1001(4). As such, the State bears the burden of showing, by a preponderance of the evidence, that Petitioner has violated traffic and parking rules. A.R.S. § 41- 796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). By failing to appear in order to present its evidence, the State has not met its burden. ORDER IT IS ORDERED that citation 12758 is reversed and dismissed with no fine.

Done this day, May 18, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of May, 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