ALJDEC

99A-F154-DEQ · Department of Environmental Quality · 1999-10-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 1, 1999 APPEARANCES: Appellant did not appear at the hearing; Assistant Attorney General Joan Card appeared on behalf of the Arizona Department of Environmental Quality ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Appellant did not present any evidence during the hearing in support of the appeal of the Arizona Department of Environmental Quality’s (“Department”) final determination dated May 13, 1999, concerning reimbursement from the State Assurance Fund (“Fund”). 2. Counsel for the Department orally presented a Motion to Vacate this matter. CONCLUSIONS OF LAW Appellant, by not appearing at the hearing, fails to sustain the required burden of proof on appeal of the Department’s final determination dated May 13, 1999, concerning Appellant’s claim for reimbursement from the Fund. The Department’s motion is considered to be a motion to dismiss this matter.

RECOMMENDED ORDER In view of the above, and in light of the lack of prosecution by Appellant, it is recommended that the motion to dismiss be granted and the Department’s final determination dated May 13, 1999, be upheld. Done this day, October 1, 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

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

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

ATTN: Lavonne Watkins

By ___________________________

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