ALJDEC

02F-022-LAN · State Land Department · 2002-04-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15, 2002. APPEARANCES: Applicant Mitchell Trust failed to appear. Respondent Arizona State Land Department was represented by Tim Sime, Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________

FINDINGS OF FACT This matter was called for hearing on April 15, 2002 at 9:00 A.M. at the Office of Administrative Hearings in Phoenix, Arizona. The purpose of the hearing was to consider an appeal from Respondent’s denial of the Mitchell Trust’s application to purchase state land. No representative appeared on behalf of the Mitchell Trust at the hearing. Due to this failure to appear, no evidence was presented in support of the Mitchell Trust’s appeal. CONCLUSIONS OF LAW The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508 (App. 1997). Further, the standard of proof is that of the “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). By failing to appear and present evidence, the Mitchell Trust failed to sustain its burden of proving, by a preponderance of reliable, substantial and probative evidence, that Respondent violated statute, regulation or legal principle in making its determination in this case. Consequently, the record does not contain a finding in support of the appeal. RECOMMENDED ORDER IT IS RECOMMENDED that the Commissioner of the Arizona State Land Department affirm the denial of the application in this matter. Done this day, April 15, 2002.

______________________________________ Gregory L. Hanchett Administrative Law Judge

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

State Land Department Michael E. Anable ATTN: Roz Sedillo 1616 West Adams Phoenix, AZ 85007

By ___________________________

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