ALJDEC

00-10326-CPP · Department of Administration - Capitol Police Parking · 2000-05-26

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 25, 2000.

APPEARANCES: Petitioner/Appellant, Gabriel Forsberg, appeared in her own behalf, and the Arizona Department of Administration, Capitol Police, (the “Department” ) appeared through Capitol Police Security Aide, William Caouette (“Caouette”).

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

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

FINDINGS OF FACT

1. Petitioner/Appellant, Gabriel Forsberg, has contested the issuance of Capitol Police Citation Number 10326.

2. At the outset of the scheduled hearing, after being informed that less than 30 days prior notice of this hearing appeared to have been sent, Petitioner/Appellant expressly and knowingly waived the right to have received at least 30 days notice, electing to proceed with the instant hearing.

3. On May 4, 2000 at approximately 8:20 a.m., Capitol Police Security Aide, William Caouette, personally observed Petitioner/Appellant’s vehicle parked in a restricted Rideshare reserved space in a lot at or near 1400 West Washington Street; Phoenix, Arizona. The restriction was clearly marked so as to be visible to vehicle operators. Caouette looked for but did not find any parking permit displayed anywhere on Petitioner/Appellant’s vehicle.

4. It was not disputed that Petitioner/Appellant was and is the lawful registered owner or co-owner of the observed vehicle.

5. Caouette issued Citation Number 10465 imposing a fine in the amount of $16.00 for parking in a space reserved for Rideshare participants and their vehicles in violation of the provisions contained in Rule R2-6- 206(B)(6).

6. The testimony and evidence presented by or on behalf of Petitioner/Appellant revealed that she regularly works at another location, but was attending a training session at the location in question. She was unable to find a parking space and admittedly parked in one of the spaces marked as reserved for Rideshare program participants. Petitioner/Appellant was not the lone occupant of her vehicle that day but instead was carpooling with her husband who also works in the nearby area. She is neither a Rideshare participant nor the holder of any authorization decal or permit that would allow parking in these reserved spaces.

CONCLUSIONS OF LAW

1. A.R.S. §41-796 grants the Arizona Department of Administration authority to “adopt and administratively enforce rules for the control of vehicles on state property,” including but not limited to the (p)lace, method and time of parking,” as well as the “(d)esignation of special parking areas for state employees and the general public.”

2. Rule R2-6-201(9), A.A.C. 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. Rule R2-6-203, (A)(5), A.A.C. provides, in pertinent part, that “a person shall not park a vehicle in a reserved parking space without authorization …”

4. The spirit and intent of the law with respect to allowing persons who participate in travel reduction programs, primarily known as “Rideshare” programs, is to recognize the ecological and environmental benefits achieved through the efforts of such individuals by according them some measure of preference in return for such efforts, assuring that the driver for that particular day will be able to park in one of a group of reserved spaces, convenient to the building entrance.

5. Rule R2-6-204(A), A.A.C. requires that a person shall properly display a reserved parking space decal in a prescribed manner to enable parking in a reserved parking space.

6. Rule R2-6-206(B)(6), A.A.C. provides for the imposition of a fine in the amount of $16.00 for unauthorized parking in reserved parking spaces, other than spaces reserved for the physically disabled. This subsection would encompass spaces reserved for Rideshare participants.

7. Petitioner/Appellant was not shown to have possessed a decal, permit or any other form of authorization to park in a Rideshare reserved parking space. Her election to park in one of the clearly marked spaces on the day in question must be held to constitute a violation of applicable statutes and rules, thereby subjecting the vehicle owner to the imposition and payment of the fine called for by the issued citation.

8. The Department has sufficiently met its burden of proving by a preponderance of the evidence that Petitioner/Appellant had committed a violation of traffic and parking rules. The imposition of the fine in the amount of $16.00 was proven to be appropriate and fully warranted.

RECOMMENDED ORDER

In view of the foregoing, IT IS ORDERED that Citation Number 10326 is hereby upheld, and that Petitioner/Appellant shall pay a fine in the sum of $16.00 in accordance with the payment instructions set forth at the bottom or the citation.

This decision and Order is a final administrative decision, notwithstanding the provisions of A.R.S.§41-1092.08 in accordance with the standing motion of J. Elliott Hibbs, Director of the Arizona Department of Administration.

Petitioner/Appellant has the right to request a rehearing from the Department of Administration pursuant to Rule R2-6-207, A.A.C. and A.R.S.§41-1092.09(A). In addition, Petitioner/Appellant has the right to appeal the decision in this matter directly to the Superior Court pursuant to A.R.S.§41-1092.08(H).

Dated: May 31, 2000. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

J. Elliott Hibbs, Director Department of Administration-Capital Police Parking 1700 W. Washington Street (Room B-15) Phoenix, Arizona 85007

Attn.: Wendy Hammon -----------------------

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