ALJDEC

01-13181-CPP · Department of Administration - Capitol Police Parking · 2001-08-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 14, 2001 APPEARANCES: Rose Whelihan appeared in her own behalf No one appeared on behalf of the Capitol Police ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. This matter came on for hearing at the time, date and place set forth in the Notice of Hearing. 2. The Appellant was present and prepared to proceed. 3. No one appeared on behalf of the Capitol Police and no reason is known for the non appearance. 4. With the absence of the Capitol Police, no evidence was presented in support of the allegation in this case. Conclusions of Law Unless otherwise provided by law, the burden of proof in an administrative proceeding is generally on the party asserting the claim, and the standard of proof is by a preponderance of the evidence (A.A.C.R 2- 19-119). 1. In the instant case, no one presented any evidence in support of the allegation (claim) of a parking violation. 2. Absent any competent evidence, there has been a failure of proof.

Order In view of the foregoing it is Ordered that the Parking Citation against Rose Whelihan be dismissed. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final administrative decision.

Done this day, August 14, 2001.

______________________________________ Allen Reed 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 ___________________________ -----------------------

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