ALJDEC

00-10819-CPP · Department of Administration - Capitol Police Parking · 2000-09-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 7, 2000

APPEARANCES: Petitioner did not appear on his own behalf; the State of Arizona, Department of Administration, Capitol Police was represented by Capitol Police Security Aide Andrew Leach.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Petitioner Anthony Cassetta has appealed the issuance of Capitol Police citation 10808, issued for parking in a reserved parking space (Rideshare) without properly displaying a parking permit. The Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Order upholding the citation. FINDINGS OF FACT 1. On June 1, 2000, at about 10:45 a.m., Capitol Police Security Aide Andrew Leach issued a citation to Petitioner’s car parked in a Rideshare designated space at 15 S. 15th Avenue in Phoenix. Citation 10819 imposes a fine of $16.00 for “unauthorized parking in a reserved parking space.” See, A.A.C. R2-6-206(B)(6). 2. Petitioner mailed the citation back to the Capitol Police, having checked the box marked “appeal requested.” 3. On June 21, 2000, the Capitol Police by certified mail sent Petitioner notice of the date, time, and place for the hearing. A continuance was requested, but was denied on August 31, 2000. 4. At the time and place for the hearing, Capitol Police Security Aide Andrew Leach appeared. Petitioner did not appear. This tribunal waited 20 minutes past the noticed start time, but Petitioner failed to appear. CONCLUSIONS OF LAW 1. Arizona Revised Statutes (A.R.S.) § 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 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 ORDERED that citation 10808 for $16.00 is upheld and Petitioner shall pay the 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 Arizona Department of Administration. Petitioner has the right to request a rehearing at the Arizona Department of Administration as provided in A.A.C. R2-6-208 and A.R.S. § 41- 1092.09.

Done this 8th day of September 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

. . .

Original Decision and Order mailed this ___ day of September 2000, for distribution, to:

J. Elliott Hibbs, Director ATTN: Wendy Hammon Department of Administration-Capital Police Parking 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