ALJDEC

02-13238-CPP-res · Department of Administration - Capitol Police Parking · 2002-02-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 28, 2002

APPEARANCES: Petitioner appeared on her own behalf; no one appeared on behalf of the Arizona State Capitol Police.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was set for 9:30 a.m. on February 28, 2002. Notice of Hearing was mailed out by Capitol Police on January 14, 2000. At the time and place for the hearing, Petitioner was present but no one from Capitol Police was present. This tribunal waited fifteen minutes. No one 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 13238 is reversed and dismissed with no fine.

Done this 28th day of February 2002.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Original Decision and Order mailed this ___ day of February 2002, for distribution, to:

J. Elliott Hibbs, Director Arizona Department of Administration-Capital Police Parking Attn: Sgt. Fred Christley 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