ALJDEC decisions subject to certification as final

21F-002-ARB · Arizona State Retirement System · 2020-11-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Darlene Hinds

Appellant,

Arizona State Retirement System,

Respondent.

No. 21F-002-ARB

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: November 4, 2020

APPEARANCES: No one appeared for Appellant; Cassie Adams, Esq. for Respondent

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

On September 30, 2020, the Arizona State Retirement System (“ASRS”) issued a Notice of Hearing setting the above-captioned matter for hearing at 8:00 a.m. on November 4, 2020 at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.

The issue for hearing is Appellant Darlene Hinds’ appeal of ASRS’s Director’s decision that a long Term Disability overpayment balance in the amount of $11,233.85 is valid and the ASRS does not have the authority to forgive her overpayment.

Through an Order Setting Hearing by Video Conference or Telephone dated October 16, 2020, the parties were informed that as a result of the COVID-19 pandemic the hearing would be conducted by video conference or telephone. The Order provided the parties a live-link to join the hearing by video conference and the appropriate telephone number and PIN to join by telephone, and instructed the parties as to how to join the hearing.

As of about 8:17 a.m., Appellant had not appeared by video conference, telephone, or in person.

The matter was convened in Appellant’s absence at about 8:17 a.m.

At that time, ASRS’s attorney requested that the matter be dismissed based on Appellant’s failure to appear, and no evidence was taken.

A review of the docket shows that Appellant made two telephone calls to OAH on November 4, 2020, one at about 2:15 p.m. and the second at an unknown time. Through her telephone calls, Appellant informed OAH staff that she had not received the Order dated October 16, 2020, ASRS had informed her that she would be called at the time of the hearing, and that she had been waiting for someone to call her at the time of the hearing.

Appellant also informed OAH that her sister had filed information on her behalf. A review of the docket does not show that Appellant’s sister had filed any documentation with OAH.

The docket does show however that on November 4th at 12:50 p.m. Appellant submitted a notice showing that she had not received any written instruction on the procedure for contacting OAH, that she had been waiting for a telephone call or email contact to begin the hearing, and when that did not occur she contacted an ASRS representative who told her to contact OAH. Included with Appellant’s notice was a written statement that she had planned to submit to the judge during the hearing.

Appellants notice was also sent to the ASRS.

CONCLUSIONS OF LAW

Appellant had the burden of proof. Ariz. Admin. Code § R2-19-119.

Because Appellant failed to appear by video conference, telephone, or in person, her appeal is unsupported by evidence and Appellant did not meet the burden of proof.

Consequently, Appellant’s appeal should be dismissed.

RECOMMENDED ORDER

IT IS ORDERED that Darlene Hinds’ 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 will be five days after the date of that certification.

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-137160-45720000Done this day, November 18, 2020.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Paul Matson, Director

Arizona State Retirement System

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-137160-45720000