ALJDEC

00-10184-CPP · Department of Administration · 2000-11-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 30th, 2000. APPEARANCES: Petitioner failed to appear or be represented. The Arizona Department of Administration, Capitol Police, appeared in the person on Officer Oscar G. Rivera. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________

Petitioner Floyd Trahan appealed against the issuance of Capitol Police citation 10184, issued for failure to obey posted traffic or parking signs. Based on the petitioner’s failure to appear at this hearing, and the agency record forwarded to the Office of Administrative Hearings, the administrative law judge makes the following Findings of Fact, Conclusions of Law and Order upholding the citation. FINDINGS OF FACT 1. On September 28th, 2000, at 1:00 p.m., Capitol Police Officer Oscar G. Rivera issued a citation to petitioner’s car for parking in a posted two- hour visitor parking space for longer than two hours, in the parking lot at the Arizona State Office Building, 400 West Congress, Tucson, Arizona. Citation 10184 imposes a fine of $16.00 for failure to obey posted traffic or parking signs. See: A.A.C. R2-6-205.B. 2. Petitioner mailed the citation back to the Capitol Police, having marked the space designated “Appeal requested.” 3. On October 16th, 2000, the Capitol Police sent by certified mail notice to the petitioner, giving him notice of the date, time and place for the administrative hearing. 4. At the time and place for the hearing Capitol Police Officer Oscar G. Rivera appeared. Petitioner failed to appear. The administrative law judge waited at least fifteen minutes from the noticed time to convene, but petitioner failed to appear. CONCLUSIONS OF LAW 1. Arizona Revised Statutes § 41-796.E. provides that Capitol Police may issue “a notice to appear for an alleged violation . . . . directing a person accused of violating a rule for control of vehicles on state property . . . . to appear at a designated place to contest the allegation of violation or admit the violation and pay a penalty.” The statute also says that “[u]pon failure of a person served with a notice . . . . to appear, the administrative law judge may proceed to determine whether a violation has occurred and, if so, the penalty to be imposed.” 2. Given that the petitioner requested the hearing, petitioner’s failure to appear and present a case is deemed to be an admission by petitioner of the validity of the citation. ORDER It is hereby ordered that citation 10184 is upheld and petitioner shall pay the $16.00 fine as prescribed in A.A.C. R2-6-207.C. This decision is the final administrative decision, notwithstanding A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration. Petitioner has the right to request a rehearing at the Arizona Department of Administration as provided in A.R.S. § 41-1092.09. and A.A.C. R2-6-208. Done this day, December 7th, 2000.

______________________________________ Grant Winston Administrative Law Judge

Original transmitted by mail this ____ day of December, 2000, to:

J. Elliott Hibbs, Director Department of Administration-Capitol Police Parking ATTN: Wendy Hammon 1700 W. Washington, Rm. B-15 Phoenix, Arizona 85007

By ___________________________

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

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488