ALJDEC

99A-F121-DEQ · Department of Environmental Quality · 1999-07-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 1999. APPEARANCES: Phoenix Octopus Car Wash, Appellant, failed to appear. Cynthia Campbell, Assistant Attorney General for the Office of the Attorney General, appeared representing the Arizona Department of Environmental Quality (“Department”).

ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _______________________________________________________________ The hearing in this matter was held for the purpose of determining whether Appellant is entitled to certain sums claimed under Title 49, Chapter 6, of the Arizona Revised Statutes, Underground Storage Tank Regulation, denied by the Department. Despite proper notice to Appellant, it failed to appear. Based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made:

FINDINGS OF FACT Appellant failed to present any evidence at the hearing in support of its claim that the Department is unjustified in denying its claims against the State Assurance Fund.

CONCLUSIONS OF LAW Appellant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving its claim that the Department is unjustified in denying its claims against the State Assurance Fund.

RECOMMENDED DECISION In view of the foregoing, and in light of the lack of prosecution by Appellant, it is recommended to the Director that Appellant’s appeal be dismissed. Done this day, July 27, 1999.

______________________________________ Kip M. Micuda Administrative Law Judge

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

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

By ___________________________

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