ALJDEC decisions subject to certification as final

20F-002-ARB · Arizona State Retirement System · 2020-01-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Seymour Kolman

Appellant,

Arizona State Retirement System,

Appellee.

No. 20F-002-ARB

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 8, 2020

APPEARANCES: Seymour Kolman failed to appear. Assistant Attorney General Cassie Adams represented the Arizona State Retirement System (ASRS).

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

1. Appellant failed to appear at the noticed hearing that had been scheduled in response to the appeal.

2. Appellant, located in southern Arizona, had requested to appear telephonically. However, at the time of the hearing, the Administrative Law Judge was unable to reach Appellant at three telephone numbers located as possible contact numbers for him.

CONCLUSIONS OF LAW

1. The burden of proof at an administrative hearing is generally upon the petitioner. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 1949).

2. Based on Appellant’s failure to appear, the appeal should be dismissed.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that this appeal be dismissed.

In the event of certification of the Administrative Law Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be the date of that certification.

Done this day, January 27, 2020.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Paul Matson, Director

Arizona State Retirement System

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