ALJDEC

00-10826-CPP · Department of Administration - Capitol Police Parking · 2000-09-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 7, 2000

APPEARANCES: Petitioner appeared on his own behalf; the Arizona Department of Administration, Capitol Police was represented by Capitol Police Security Aide Andrew Leach.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Petitioner Danny Simpson contests the issuance of Capitol Police citation 10826, issued for parking in a Rideshare space without displaying a Rideshare permit. The parties presented evidence and testimony at the hearing and, based upon the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Order upholding the citation. FINDINGS OF FACT 1. On June 2, 2000, at about 9:55 a.m., Capitol Police Security Aide C. Jeppsen observed Petitioner’s car parked in a Rideshare-designated space at the Arizona Department of Health Services building, 1740 W. Adams Street. Jeppsen issued citation 10826, imposing a fine of $16.00 for “unauthorized parking in a reserved parking space.” See, A.A.C. R2-6- 206(B)(6). 2. In his testimony at the hearing, Petitioner explained that he works from 1:00 a.m. to 9:00 a.m. at the DHS building. For safety reasons, and since no one is at the building when he works, he parks in the closest space, which is designated for Rideshare participants. The file contains a letter from Petitioner’s supervisor stating that “three years ago” a DHS Assistant Director had “gotten permission from Capitol Security” to allow this. It appears that whatever “permission” was given was for between midnight and 9:00 a.m. Petitioner testified that a non- Rideshare space has now been made available for him to park close to the building. CONCLUSIONS OF LAW 1. This is a contested case as defined by A.R.S. § 41-1001(4). As such, the State bears the burden of showing, by a preponderance of the evidence, that Petitioner has violated traffic and parking rules. A.R.S. § 41-796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). The State has met its burden. 2. The Arizona Department of Administration (ADOA) has promulgated rules governing traffic and parking on State property at A.A.C. R2-6-201 through -209. Those rules provide, in relevant part, that no one shall park in a “[r]eserved parking space without authorization, unless the person is a visitor using parking reserved for visitors. . . .” A.A.C. R2- 6-203(A)(5). “Reserved parking” is parking set aside and marked for use by certain people, such as “physically disabled persons, travel reduction program participants [Rideshare], or visitors.” A.A.C. R2-6-201(9). In order to be authorized to park in a reserved space other than visitor parking, a person must display a reserved parking space decal, which is a “label, placard, sticker, or tag [that], when properly displayed, authorizes preferential parking privileges in state parking lots for the driver of a vehicle.” A.A.C. R2-6-204(A) and R2-6-201(2). To properly display a decal, a person must “display the decal from the rearview mirror, attach the decal to the left side of the windshield, or display the decal on the left side of the dashboard” and the person must “ensure that the decal is visible through the windshield so it can be read by someone standing outside the vehicle.” A.A.C. R2-6-204(C). In summary, these rules require a properly displayed decal in order to park in a designated space. 3. Without a decal properly displayed in the car, Petitioner was not authorized to park in a parking space that was designated for Rideshare participants. It was reasonable for Petitioner to park in the closest space when he arrived for work. But, he should have moved his car at around 6:30 a.m. as Rideshare participants begin to show up for work. After that time, it was not reasonable for Petitioner to park in Rideshare. Thus, Petitioner violated the parking rules and the citation was justified. ORDER IT IS ORDERED that citation 10826 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 15th day 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