ALJDEC decisions subject to certification as final

20F-015-GAM · Department of Gaming · 2020-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

ANTHONY TERRONEZ

Identification No. 58294,

Appellant

No. 20F-015-GAM

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 23, 2020.

APPEARANCES: Assistant Attorney General, Kelly Wagner, represented the Department of Gaming. Anthony Terronez, Appellant, did not appear.

ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera.

_____________________________________________________________________

FINDINGS OF FACT

Appellant failed to appear at the time of the noticed hearing. Appellant did not request to appear telephonically. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Appellant.

CONCLUSIONS OF LAW

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).

By failing to appear at the hearing, Appellant did not meet the burden to present evidence in support of the complaint.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that Appellant’s state certification be denied.

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 will be 40 days from the date of that certification.

Done this day, April 3, 2020.

/s/ Antara Nath Rivera

Administrative Law Judge

Transmitted electronically to:

Ted Vogt, Director

Department of Gaming-54864001

001

-137160-45720000