Vacate

03A-125-POST · Peace Officers Standards and Training · 2004-12-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The record in this matter indicates that, on August 20, 2004, the Arizona Peace Standards and Training Board (“AzPOST”) mailed a Notice of Hearing to Certification holder Eloise M. Schwartzkopf, informing her that a hearing had been set on December 1, 2004 at 9:00 a.m. to determine whether cause existed to penalize her Peace Officer Certification. The Notice informed Ms. Schwartzkopf that, “if you fail to appear at the hearing, the Administrative Law Judge may vacate the hearing and the Board may deem the acts and violations charged in the Complaint admitted.” AzPOST’s attorney Nancy J. Beck and Compliance Specialist Gary Maschner appeared for the duly noticed hearing, along with Steve Porter and Kathy Johnson of the Phoenix Police Department, for whom AzPOST previously had subpoenas issued. Although the beginning of the duly noticed hearing was delayed fifteen minutes to allow Ms. Schwartzkopf additional travel time, she neither appeared, personally or through an attorney, nor contacted the Office of Administrative Hearings to request a continuance or that the time for the hearing be further delayed. Therefore, pursuant to AzPOST’s request under A.A.C. R13-4-118(C), IT IS ORDERED that the hearing previously set on this date be vacated and that this matter be remanded to AzPOST for final disposition in accordance with A.A.C. R13-4-118(C). Done this day, December 1, 2004. _____________________________________ Diane Mihalsky Administrative Law Judge Original transmitted by mail this ____ day of December, 2004, to:

Tom Hammarstrom, Executive Director Peace Officers Standards and Training Board P.O. Box 6638 Phoenix, AZ 85005

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

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