ALJDEC decisions subject to certification as final

07F-022-LAN · State Land Department · 2007-08-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 6, 2007 APPEARANCES: Applicant River City Recreational Vehicle Park, Inc. did not appear. Assistant Attorney General Don Bair represented the State of Arizona. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

FINDINGS OF FACT 1. Applicant River City Recreational Vehicle Park, Inc. (“River City”) appealed the Arizona State Land Department’s (the “Department”) April 23, 2007 denial of its application for additional acreage on Commercial Lease No. 03-87733, as set forth in Commissioner Order No. 251-2006/2007. 2. On May 15, 2007, the Department issued a Notice of Hearing setting this matter for hearing on June 26, 2007 at 9:00 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. By Order dated June 21, 2007, the Administrative Law Judge continued the hearing, at River City’s request, to August 6, 2007 at 9:00 a.m. 3. River City did not appear for the hearing at the scheduled time, nor did it advise the Office of Administrative Hearings of any reason that would establish good cause for its failure to appear.

4. When River City continued in its failure to appear after the expiration of a fifteen minute grace period, the Administrative Law Judge convened the hearing and proceeded in River City’s absence. CONCLUSIONS OF LAW 1. The burden of proof was on River City to establish, by a preponderance of the evidence, that the Department improperly denied its application for additional acreage on Commercial Lease No. 03-87733. See A.R.S. § 41-1092.07(G)(1) and A.A.C. R2-19-119. 2. By its failure to appear at the hearing, River City failed to present any evidence and therefore failed to sustain the required burden of proof. 3. Because River City failed to appear at the hearing and present evidence, and thereby failed to sustain the required burden of proof, River City’s appeal should be dismissed. ORDER River City’s appeal of Commissioner Order No. 251-2006/2007 is dismissed.

Done this day, August 6, 2007.

_________________________________ Daniel G. Martin Administrative Law Judge

Original transmitted by mail this ____ day of August, 2007 to:

Mark Winkleman, Commissioner State Land Department ATTN: Roz Sedillo 1616 W. Adams Phoenix, AZ 85007

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

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