ALJDEC

02-13234-CPP · Department of Administration - Capitol Police Parking · 2001-10-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 9, 2001

APPEARANCES: No person appeared on behalf of either party.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________

The hearing in this matter was set for 9:30 a.m. on October 9, 2001. The Notice of Hearing was mailed out by Arizona Department of Administration-Capitol Police on August 30, 2001. At the time and place for the hearing, 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 No. 13234 is Reversed and Dismissed, with no fine. ORDERED and DATED this day, October 19, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

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

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