ALJDEC

99A-F115-DEQ · Department of Environmental Quality · 1999-07-23

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing on July 23,1999 pursuant to advance notice duly mailed to both the appealing party and to counsel for the Arizona Department of Environmental Quality (herein called the “Department”). However, neither of the parties to this administrative action appeared at the time and place set for the hearing of the matter. 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. The tribunal was not in receipt of any filed request or motion from either party to vacate the administrative hearing and was not advised in advance of any reason for the failure of the parties to appear at the time and place scheduled for the hearing of this matter. Consequently, the case was called and the hearing was convened.

2. Old Richfield Gas Station, as the party appealing the Department’s action, did not present any evidence at the hearing in support of its position.

CONCLUSIONS OF LAW

1. The named Appellant, Old Richfield Gas Station, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving by a preponderance of reliable, substantial and probative evidence that the Department’s prior final determinations were incorrect or that it was otherwise entitled to payment of its filed claim.

RECOMMENDED ORDER

In view of the foregoing, and in light of the Appellant’s failure to appear and to present evidence or testimony in support of its position, it is recommended that the entire appealable agency action in Case Number 99A- F115-DEQ be dismissed.

Dated: July 27, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Jacqueline E. Schafer, Director Department of Environmental Quality 3033 North Central Avenue Phoenix, AZ 85012

ATTN: Lavonne Watkins -----------------------

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