ALJDEC

00-10246-CPP · Department of Administration - Capitol Police Parking · 2000-08-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 11, 2000 APPEARANCES: Appellant, Ielu Pete, failed to appear and the State of Arizona Capitol Police appeared through Capitol Police Aide, William Harper. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Order are made:

FINDINGS OF FACT

1. Evidence of record established that on May 15, 2000, at 7:48 p.m., Capitol Police Aide Spivey, badge no. 833, observed Appellant’s motor vehicle at the location of 1717 W. Jefferson, parked in a parking space specifically reserved and marked for handicap parking only. Apparently, Spivey did not observe the requisite handicap permit and thus, issued the citation at issue herein and placed same on Appellant’s windshield. This Citation carries a $50.00 fine.

2. By Appellant’s failure to appear for the scheduled hearing, Appellant failed to present any matters in defense or mitigation.

CONCLUSIONS OF LAW

1. A.R.S. § 41-796 grants the Arizona Department of Administration with the authority to “adopt and administratively enforce rules for the control of vehicles on state property, including, but not limited to, the “place, method, and time of parking” and “designation of special parking areas for state employees and the general public.”

2. A.A.C. R2-6-201 (9) defines “reserved parking space” as “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.”

3. A.A.C. R2-6-203 (A) (5) provides, in pertinent part, “a person shall not park a vehicle in a reserved parking space without authorization…”

4. A.A.C. R2-6-204 (B) provides, in pertinent part, “to park in a parking space reserved for the physically disabled, a person shall obtain a removable windshield placard or special plates…and display the placard or plates….”

5. A.A.C. R2-6-205 (B) provides, in pertinent part, “a person…parking a vehicle on state property shall obey posted…parking signs.”

6. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of R2-6-203, R2-6-204, or R2-6- 205 shall pay the monetary penalties prescribed in this section.” A.A.C. R2-6-206 (B) (5) provides for a $50.00 penalty for unauthorized parking in any parking space reserved for the physically disabled.

7. In light of the fact that Leach did not see a handicap plate or placard on the date and time that Appellant’s vehicle was observed to be parked in a parking space reserved for the handicapped, it is determined that Appellant was parking in said parking space without authorization, in violation of A.A.C. R2-6-203A (5), R2-6-204B, and R2-6-205. Thus, pursuant to A.A.C. R2-6-206 (B) (5) Appellant was subject to a $50.00 monetary penalty.

8. The issuance of the citation in this matter was justified.

ORDER

IT IS HEREBY ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay the fine of $50.00, as provided in citation no. 10246. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final administrative decision. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-207 and A.R.S. § 41- 1092.09 (A). In addition, the Appellant has the right to appeal this decision to the Superior Court, pursuant to A.R.S. § 41-1092.08 (H).

Done this day, August 15, 2000

______________________________________ Mark A. Silver Administrative Law Judge

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

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

By ___________________________

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