ALJDEC decisions subject to certification as final

16F-18057-DWM · Department of Weights and Measures · 2015-12-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 23, 2015 APPEARANCES: None ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ FINDINGS OF FACT 1. No one appeared at the hearing set in this matter. CONCLUSIONS OF LAW 1. The Department of Weights and Measures has the burden of proof and the standard of proof on all issues is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. By failing to appear at the hearing, the Department of Weights and Measures failed to meet the required burden of proof. . RECOMMENDED DECISION In view of the foregoing, it is recommended that the proposed fine and violation notice be reversed. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is the date of certification. Done this day, December 23, 2015.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Mark W. Killian, Director Arizona Department of Weights and Measures -----------------------

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