Vacate

18A-113-POST · Peace Officers Standards and Training · 2020-11-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Hearing Regarding the Peace Officer Certification of:

Joshua D. Tuffly,

Respondent.

No. 18A-113-POST

ORDER VACATING

HEARING

On November 14, 2019, the Arizona Peace Officer Standards and Training Board (“POST”) issued a Notice of Hearing (“Notice”) setting the above-captioned matter for hearing on January 23, 2020, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.

On January 21, 2020, the hearing was continued per Respondent’s request and reset for March 24, 2020, at 9:00 a.m.

On March 18, 2020, the hearing was continued per Respondent’s request and reset for May 26, 2020, at 9:00 a.m.

On May 14, 2020, pursuant to stipulations made by the parties during a prehearing conference, the hearing was continued and reset for July 21, 2020, at 9:00 a.m.

On July 14, 2020, the hearing was continued per Respondent’s request and reset for September 10, 2020, and September 11, 2020, at 9:00 a.m.

On September 08, 2020, the hearing was continued per Respondent’s request and reset for November 10, 2020, and November 12, 2020, at 9:00 a.m.

On November 10, 2020, Respondent did not call in or appear at the time scheduled for hearing. Instead, Respondent submitted the following correspondence to OAH:

I, Josh Tuffly, respectfully requests that the hearings on 11/10/2020 and 11/12/2020 be dismissed. The State/AZ POST has violated my rights and published my protected information (including but not limited to, my social security number, address, date of birth). I have addressed this multiple times and unfortunately have now had identity fraud against me. Furthermore, the State/AZ POST has not only contaminated the ability for me to have a fair hearings, they have violated my due process rights (among others) and have presented information from my hearings with LEMSC (of which are being appealed) within their exhibits. If the court will not dismiss this, I would like to have these hearings continued fie no less than 60 days in order to find legal representation.

(All errors in original)

POST was permitted to provide argument in opposition of Respondent’s motions.

Respondent’s motions were denied.

After the expiration of a twenty-minute grace period, the Administrative Law Judge found Respondent to be in default. No evidence was taken.

There is no Settlement Order on file for this case at OAH.

The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by preponderance of the evidence.

By failing to appear at the hearing, Respondent failed to meet the required burden of proof. As such, the appeal shall be denied.

ORDER

Based on the foregoing,

IT IS ORDERED that Respondent’s appeal is dismissed.

IT IS FURTHER ORDERED, pursuant to Ariz. Admin. Code R2-19-111(4), that this matter is hereby vacated from the calendar of the Office of Administrative Hearings and is remanded to the referring agency for further action, if any.

Done this day, November 10, 2020.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed November 10, 2020 to:

Matt Giordano, Director

Peace Officers Standards and Training

2643 East University

Phoenix, AZ 85034

[email redacted]

Mark Brachtl, Esq., Assistant Attorney General

Office of the Attorney General

SDG/LES

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]

Joshua Tuffly, Respondent

19334 North Del Mar Avenue

Maricopa, AZ 85138

[email redacted]

By c. serrano