VACATE

99F-26382237-CWP · Department of Public Safety - Concealed Weapons Permit Unit · 1999-05-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On April 26, 1999, a week before the hearing in this matter, the Office of Administrative Hearings (“OAH”) received a letter from Applicant. The essence of the letter is a request for a second continuance to obtain a pardon of his 1959 felony conviction in the State of Ohio. The OAH forwarded the letter to the Department for a response, but the late date of the filing of the letter precluded a response before the date of the hearing. Accordingly, the hearing convened in this matter on May 4, 1999. During the hearing, the Department objected to a second continuance, noting that the basis for the denial of the application is not merely the existence of a felony conviction, but also Applicant’s failure to disclose the felony. Applicant failed to appear during the hearing and this Judge is unaware that he contacted the OAH to follow-up on his continuance request. Until a request for a continuance is granted, a party must assume that the request is not granted. Although aware of Applicant’s predicament, this Judge finds no good cause, under the circumstances of this case, to grant a second continuance. In light of Applicant’s failure to appear during the hearing, the Department moved to vacate the hearing. Based on the foregoing, IT IS ORDERED that Applicant’s request for a second continuance is denied. IT IS FURTHER ORDERED that the hearing in this matter scheduled for May 4, 1999, is vacated from the calendar of the Office of Administrative Hearings. IT IS FINALLY ORDERED that this matter be remanded to the Department. Applicant should contact the Department if he wishes to pursue issuance of a permit. Done this day, May 4, 1999.

_________________________________ Kip M. Micuda Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 1999, to:

Joe Albo, Director Department of Public Safety - Concealed Weapons Permit Unit 2102 W. Encanto Phoenix, Arizona 85009 ATTN: Sgt. W.A. Whalen

Thomas E. Bowman 246 Sycamore Avenue Kingman, AZ 86401 Applicant

Bill Jameson Assistant Attorney General Office of the Attorney General 1275 West Washington Phoenix, Arizona 85007

By _______________________________

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