ALJDEC

02-13720-CPP · Department of Administration - Capitol Police Parking · 2002-03-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 25, 2002

APPEARANCES: Petitioner appeared on his 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 March 25, 2002. Notice of Hearing was mailed out by Capitol Police on February 19, 2002. 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 and present its evidence, the State has not met its burden. ORDER IT IS ORDERED that citation 13720 is reversed and dismissed with no fine.

Done this 28th day of March 2002.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

. . .

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

J. Elliott Hibbs, Director Arizona Department of Administration-Capitol Police Parking 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