ALJDEC

02-13186-CPP · Department of Administration - Capitol Police Parking · 2001-10-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 2001 APPEARANCES: Appellant Ms. Krafft failed to appear. The Arizona Department of Administration, Capitol Police failed to appear. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________

FINDINGS OF FACT Appellant Ms. Krafft initially contested the issuance of Capitol Police Parking Citation No. 13186 (“Citation No. 13186”). 2. On September 24, 2001, four days prior to the scheduled hearing, Ms. Krafft filed a motion to vacate the hearing. The motion indicated that Ms. Krafft paid the fine imposed by Citation No. 13186. The Arizona Department of Administration, Capitol Police (the “Department”) did not respond to the motion prior to the hearing date. 3. After proper notice, this matter came on for a regularly scheduled hearing on Friday, September 28, 2001 at 10:30 a.m. 4. As of 10:30 a.m. on September 28, 2001, neither Ms. Krafft nor the Department had appeared for the hearing. 5. The Administrative Law Judge delayed commencing the hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Ms. Krafft and/or the Department. Neither party appeared in that time, and the Administrative Law Judge convened the hearing in the parties’ absence, as opposed to vacating the hearing, due to the lack of evidence of payment of the fine by Ms. Krafft. CONCLUSIONS OF LAW 1. In this matter, the Department bore the burden to prove the allegations charged in Citation No. 13186. 2. By its failure to appear at the hearing, the Department failed to present any evidence, and therefore failed to sustain its burden of proof. 3. Because the Department failed to sustain its burden of proof, Citation No. 13186 should be dismissed. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 13186 is dismissed. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department pursuant to A.A.C. R2-6-207 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, October 17, 2001. _____________________________ Sondra J. Vanella Administrative Law Judge

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

J. Elliott Hibbs, Director Department of Administration Capitol Police Parking Attn.: Rod Simpson 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