ALJDEC decisions subject to certification as final

24F-006-ADM · Department of Administration · 2024-11-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

BRENDAN J. PAGE

Appellant

ARIZONA DEPARTMENT OF ADMINISTRATION

Respondent

No. 24F-006-ADM

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 15, 2024

APPEARANCES: Appellant Brendan J. Page appeared on his own behalf via Google Meet. Respondent Arizona Department of Administration (”Department”) was represented by Assistant Attorney General Pamela Peiser who appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

EXHIBITS ADMITTED INTO EVIDENCE: Arizona Department of Administration Exhibits 1-12 were admitted into evidence.

_____________________________________________________________________

FINDINGS OF FACT

1. Brendan Page was a State of Arizona/Department of Public Safety employee.

2. Mr. Page separated from the State of Arizona/Department of Public Safety employment on March 31, 2023.

3. At the time of Mr. Page’s separation from the State of Arizona/Department of Public Safety, he had accumulated 1523.59 hours of sick leave.

4. Mr. Page established and made effective his retirement with his retirement system, the Public Safety Personnel Retirement System (“PSPRS”), on April 1, 2023.

5. Mr. Page submitted a Retiree Accumulated Sick Leave (“RASL”) application and certification form (“Application”) on April 10, 2024.

On or May 14, 2024, the Department notified Mr. Page that his request for payment was denied as the Application “was not submitted timely.”

Mr. Page appealed the Department’s initial decision to deny his application on or about May 15, 2024, and on June 13, 2024, the Department issued a Final Determination Letter denying Mr. Page’s RASL Application.

The matter was then referred to the Office of Administrative Hearings, an independent state agency for a hearing.

The hearing convened on November 14, 2024.

Mr. Page testified that he joined DPS in 2002, and was aware of the RASL program. He testified further that in March 2023, he accepted a new job, and therefore decided to retire as of March 31, 2023. Mr. Page testified that he sought out the assistance of his HR department, and believed that he was given all of the proper forms to complete. Mr. Page testified that he was never made aware of the RASL Application until April 2024, when he discovered he was not being paid out for his sick leave. Mr. Page testified that he should not be a victim of a bureaucratic mistake.

James Robinson testified for the Department. Mr. Robinson testified that requesting the RASL payout was a voluntary action which must be taken within 180 days following the April 1, 2203, retirement date. Mr. Robinson also testified that the website http://gao.az.gov has all of the forms and instructions needed to request the payout.

CONCLUSIONS OF LAW

Mr. Page bears the burden of proof and, as such, must establish by a preponderance of the evidence that the Department incorrectly denied the RASL payout.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” A preponderance of the evidence is “evidence which is of greater weight or more convincing than evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.”

While the RASL statutes are found in A.R.S. §§ 38-615 and 38-616, neither of those delineate the timeline to file the RASL Application.

Rather, this matter must be analyzed under A.R.S. § 12-821.01, which states in pertinent part:

A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.

The Administrative Law Judge concludes that in the absence of controlling authority to the contrary, Appellant failed to establish by a preponderance of the evidence that the Department improperly denied Mr. Page’s RASL Application. While it was unfortunate that Mr. Page may not have been given the RASL Application with his retirement packet, this did not excuse Mr. Page from researching the matter on his own, as the rules, materials and the form was readily available online for his review.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that the Department affirm its denial of Mr. Page’s appeal.

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 forty (40) days from the date of that certification.

-54864001

001

-137160-45720000Done this day, November 27, 2024.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Elizabeth Alvarado-Thorson,

Department of Administration

Pam Peiser, Esq.

Assistant Attorney General

[email redacted]

Brendan Page

[email redacted]

By: OAH Staff