ALJDEC

99A-122-RAC · Department of Racing · 1999-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 26, 1999 APPEARANCES: Frank A. Haines, II (“Appellant”) failed to appear and the Arizona Department of Racing was represented by Assistant Attorney General, Michelle Wood. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Appellant did not present any evidence at the hearing in support of his appeal of Department’s prior action in denying him a license to operate a kennel.

CONCLUSIONS OF LAW

1. Appellant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving by a preponderance of relevant, substantial and probative evidence that the prior action of Department should not be affirmed. Consequently, the instant record does not support any finding that Appellant should be issued a license to operate a kennel.

RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution of the appeal by Appellant, it is recommended that this matter be dismissed.

Done this day, October 27, 1999.

______________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of October, 1999, to:

Jim Higginbottom, Director Department of Racing ATTN: Colleen Amos 3877 North 7th Street, Suite 201 Phoenix, AZ 85104

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826