ALJDEC decisions subject to certification as final
20F-016-GAM · Department of Gaming · 2020-07-13
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of
DEYBIS RODRIGUEZ, STATE ID # 62377
No. 20F-016-GAM
ADMINISTRATIVE LAW JUDGE
DECISION
TELEPHONIC HEARING: June 25, 2020
APPEARANCES: Deybis Rodriguez, the Appellant, failed to appear. Assistant Attorney General Kelly Wagner represented the Arizona Department of Gaming.
ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn
FINDINGS OF FACT
1. Despite an ORDER from the Tribunal setting the matter for a telephonic hearing, Complainant failed to participate by phone and, on the chance he did not receive that telephonic ORDER, he also failed to appear at the noticed hearing that had been scheduled in response to the appeal.
CONCLUSIONS OF LAW
1. The burden of proof at an administrative hearing is generally upon the petitioner, in this case, Appellant. 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, July 13, 2020
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted electronically to:
-54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000
Ted Vogt, Director
Department of Gaming
-54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000