ALJDEC

99A-V164-DEQ · Department of Environmental Quality · 1999-10-04

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to notice, a formal hearing was held in this case on October 4, 1999, in Phoenix, Arizona, before Neal H. Jordan, Administrative Law Judge of the Office of Administrative Hearings. APPEARANCES For Petitioner: Default in appearance at hearing. For Respondent: Assistant Attorney General, Laurie A. Woodall, for Department of Environment of Quality

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. Petitioner defaulted in attendance at the hearing although due notice of the time and place thereof was duly mailed, return receipt requested. Respondent’s Ex. 1. As a result, Petitioner failed to present any evidence at the hearing to support or provide any basis for granting his appeal. 2. Respondent presented adequate evidence to establish that the bus in question failed to properly and adequately have installed a legally required air system in order to meet vehicular emission standards for this type of vehicle. CONCLUSIONS OF LAW 1. Petitioner, by default in appearance at the hearing, failed to sustain the required burden of proving a legal basis for the appeal by a preponderance of relevant, substantial and probative evidence. 2. The decision of Respondent in failing to pass the Petitioner’s vehicle for emission testing purposes, and in denying a referee action thereby requiring certain repairs to be made before the vehicle will be retested, was proper and according to law, particularly, A.A.C. R18-2-1029. RECOMMENDED ORDER

In view of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent agency’s decision in this matter be affirmed. DONE AND ENTERED this day, October 4, 1999

______________________________________ Neal H. Jordan 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 ___________________________

-----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826