ALJDEC

02-14198-CPP · Department of Administration - Capitol Police Parking · 2002-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2002 APPEARANCES: Appellant Linda R. Lacy appeared on her own behalf. The Arizona Department of Administration, Capitol Police failed to appear. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

FINDINGS OF FACT Appellant Linda R. Lacy contested the issuance of Capitol Police Parking Citation No. 14198 (“Citation No. 14198”). After proper notice, this matter came on for a regularly scheduled hearing on April 2, 2002 at 10:30 a.m. Ms. Lacy appeared on her own behalf. As of 10:30 a.m., the Arizona Department of Administration, Capitol Police (the “Department”) had failed to make an appearance. 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 the Department. The Department failed to appear in that time, and the Administrative Law Judge convened the hearing in the Department’s absence. CONCLUSIONS OF LAW In this matter, the Department bore the burden to prove the allegations charged in Citation No. 14198.

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. 14198 should be dismissed. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 14198 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