ALJDEC

02-14825-CPP · Department of Administration - Capitol Police Parking · 2002-04-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15, 2002

APPEARANCES: No one appeared on behalf of either party.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was set for 10:30 a.m. on April 15, 2002. Notice of Hearing was mailed out by Capitol Police on February 25, 2002. At the time and place for the hearing, no one from either party appeared. This tribunal waited fifteen minutes but neither Petitioner nor anyone from Capitol Police appeared on this matter. 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 14825 is reversed and dismissed with no fine.

Done this 15th day of April 2002.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

. . .

Original Decision and Order mailed, for distribution to Petitioner, this ___ day of April 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