ALJDEC decisions subject to certification as final
25A-A04-DEQ · Department of Environmental Quality · 2025-05-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In The Matter Of:
Jose Ahumada,
Appellant.
No. 25A-A04-DEQ
ADMINISTRATIVE LAW
JUDGE DECISION
HEARING: May 12, 2025.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
FINDINGS OF FACT
Pursuant to the Notice of Hearing, the hearing in this matter was set for May 12, 2025, before the Office of Administrative Hearings (OAH).
Appellant failed to appear at the noticed hearing. Consequently, the matter was not convened and no evidence was taken.
Appellant has not contacted OAH since the hearing date.
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 a preponderance of the evidence. See A.A.C. R2-19-119.
Because Complainant failed to appear, their claim is unsupported by evidence. Consequently, Complainant failed to meet their burden, and the appeal should be dismissed.
RECOMMENDED ORDER
It is recommended that this matter be 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 forty (40) days from the date of that certification.
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-137160-45720000Done this day, May 21, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Karen Peters,
Department of Environmental Quality
Jose Ahumada
[email redacted]
Taylor Parmenter
Environmental Enforcement Section
[email redacted]
By: OAH Staff