ALJDEC decisions subject to certification as final
20F-008-ARB · Arizona State Retirement System · 2020-06-24
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Julie Wikman,
Appellant,
v.
Arizona State Retirement System,
Respondent.
No. 20F-008-ARB
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: June 24, 2020 at 8:00 AM.
APPEARANCES: Assistant Attorney General Cassie Adams, Esq. appeared on behalf of the Arizona State Retirement System (“ASRS” and “Respondent”) with Ryan Guerra as a witness. No appearance(s) by or on behalf of Julie Wikman (“Appellant”). Amy Richardson served as the court reporter for this matter.
ADMINISTRATIVE LAW JUDGE: Jenna Clark
FINDINGS OF FACT
On May 20, 2020, ASRS issued a Notice of Hearing setting the above-captioned matter for hearing on June 24, 2020, at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.
On May 27, 2020, ASRS issued an Amended Notice of Hearing setting the above-captioned matter for hearing on June 24, 2020, at 8:00 a.m., at OAH in Phoenix, Arizona.
On June 01, 2020, OAH issued an Order that informed the parties their hearing would be conducted via videoconferencing, and that if the parties preferred they could participate telephonically. The Order provided a web address, telephone number, and pin code for the above-captioned hearing.
On June 18, 2020, ASRS provided copies of 27 potential exhibits to OAH and Appellant.
On June 24, 2020, Appellant did not call in or appear at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Appellant.
After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Appellant to be in default. No evidence was taken.
There is no Settlement Order on file for this case at OAH.
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 preponderance of the evidence.
By failing to attend the hearing, Appellant failed to meet the required burden of proof. As such, the appeal shall be denied.
ORDER
Based on the foregoing,
IT IS ORDERED that Appellant‘s appeal is dismissed.
IT IS FURTHER ORDERED that this matter is hereby vacated from OAH’s calendar and remanded to Respondent for further action, if any.
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 shall be the date of the certification.
-54864001
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-137160-45720000Done this day, June 24, 2020.
/s/ Jenna Clark
Administrative Law Judge
Transmitted electronically to:
Paul Matson, Director
Arizona State Retirement System-54864001
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-137160-45720000