ALJDEC decisions subject to certification as final

18F-008-ARB · Arizona State Retirement System · 2018-06-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

David Flores-Vizcarra

Appellant,

v.

Arizona State Retirement System,

Respondent.

No. 18F-008-ARB

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 19, 2018

APPEARANCES: Appellant David Flores-Vizcarra did not appear. The Arizona State Retirement System was represented by Assistant Attorney General Jothi Beljan.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

The Arizona State Retirement System Board Appeals Committee issued a Notice of Hearing setting the above-captioned matter for hearing at 8:30 a.m. on June 19, 2018, at the Office of Administrative Hearings in Phoenix, Arizona.

No representative for Appellant appeared by 8:50 a.m. and consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

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 a preponderance of the evidence. See A.A.C. R2-19-119.

Because Appellant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Appellant’s appeal should be dismissed.

ORDER

IT IS ORDERED that Appellant’s appeal is dismissed.

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 that certification.

Done this day, June 21, 2018

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Paul Matson, Director

Arizona State Retirement System