ALJDEC

02-14195-CPP · Department of Administration - Capitol Police Parking · 2002-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of the Appeal | |No. 02-14195-CPP | |of the Citation Issued to: | | | | | |DECISION AND ORDER OF | |JANET GOMEZ | |ADMINISTRATIVE LAW JUDGE | |1815 W. Tuckey Ln., #16 | | | |Phoenix, AZ 85017 | | | | | | |

HEARING: April 2, 2002 APPEARANCES: Neither Appellant Janet Gomez nor the Arizona Department of Administration, Capitol Police appeared. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

FINDINGS OF FACT Appellant Janet Gomez contested the issuance of Capitol Police Parking Citation No. 14195 (“Citation No. 14195”). After proper notice, this matter came on for a regularly scheduled hearing on April 2, 2002 at 10:30 a.m. As of 10:30 a.m., neither Ms. Gomez nor the Arizona Department of Administration, Capitol Police (the “Department”) had appeared for the hearing. 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 Appellant and/or the Department. When neither party appeared in that time, the Administrative Law Judge convened the hearing and proceeded in their absence. CONCLUSIONS OF LAW In this matter, the Department bore the burden to prove the allegations charged in Citation No. 14195. By its failure to appear at the hearing, the Department failed to present any evidence, and therefore failed to sustain its burden of proof. Because the Department failed to sustain its burden of proof, Citation No. 14195 should be dismissed. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 14195 is dismissed. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliot 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. R2-6-208 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, April 2, 2002.

______________________________________ Daniel G. Martin Administrative Law Judge

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

J. Elliott Hibbs, Director Department of Administration - Capitol Police Parking ATTN: Sgt. Fred Christley 1700 W. Washington, Room B-15 Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826