ALJDEC

02-12670-CPP · Department of Administration - Capitol Police Parking · 2002-03-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 1, 2002 APPEARANCES: Both Appellant and the Arizona State Capitol Police failed to appear. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Order are made:

FINDINGS OF FACT

1. The Department did not present any evidence at the hearing in support of the allegations set forth in the parking citation issued herein.

CONCLUSIONS OF LAW

1. Department, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the parking citation by a preponderance of relevant, substantial and probative evidence and consequently the instant record does not support any finding that Appellant has violated the charged parking regulation. ORDER

In view of the foregoing, and in light of the lack of prosecution by Department, it is Ordered that citation no. 12670 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. Any request for rehearing must be forwarded to the Department of Administration pursuant to A.A.C. R2-6-208 and A.R.S. § 41-1092.09 (A). In addition, this decision may be appealed to the Superior Court, pursuant to A.R.S. § 41-1092.08 (H). Done this day, March 5, 2002

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, to:

Department of Administration - Capitol Police Parking J. Elliott Hibbs Attn.: Sgt. Fred Christley 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