Vacate

07A-026-POST · Peace Officers Standards and Training · 2009-07-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing had been scheduled on this date at 9:00 a.m. Respondent Allen C. Miles did not appear. Assistant Attorney General Nancy J. Beck appeared on behalf of the Peace Officer Standards and Training Board (“POST”). Ms. Beck read into the record an e-mail from Mr. Miles, which had been sent on this date at 3:30 a.m. and requested a continuance of the hearing. POST’s Compliance Specialist Paul Orfe testified about his contact with Mr. Miles and telephone messages left for him by a Robert Gregory, who purported to be an attorney who was representing Mr. Miles in this matter. For the reasons stated on the record by Ms. Beck in opposition to the motion to continue and under A.A.C. R2-19-106(C) and R2-19-110(A), the undersigned Administrative Law Judge denied Mr. Miles’ motion to continue the hearing. Ms. Beck then moved to vacate the hearing under A.A.C. R13-4-118(C). Based on Mr. Miles’ failure to appear for the duly noticed hearing that had been scheduled on this date pursuant to his request, IT IS ORDERED vacating the hearing on the merits that had been scheduled on this date at 9:00 a.m. IT IS FURTHER ORDERED remanding this appeal under A.A.C. R2-19-111(3) to the Executive Director of POST for further action. Done this day, July 27, 2009.

_________________________________ Diane Mihalsky Administrative Law Judge

Copy transmitted by U.S. mail this _____ day of July, 2009 to:

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

Copy transmitted by U.S. mail and e-mail this _____ day of July, 2009 to:

Nancy J. Beck, Esq. Assistant Attorney General 1275 West Washington, CIV/LES Phoenix, AZ 85007-2997 e-mail: [email redacted]

Allen C. Miles 3375 S. Joshua Tree Lane Gilbert, AZ 85297 e-mail: [email redacted]

By _______________________________ -----------------------

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