ALJDEC

00-10827-CPP · Department of Administration - Capitol Police Parking · 2000-08-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On August 2, 2000, a hearing was held regarding a parking citation issued to Ernestine Douthitt (the “Appellant”). Capitol Police Aide Clay Jeppsen (“Jeppsen”) represented the Department of Administration, Capitol Police (the “Department”). The Appellant failed to appear. The record was kept open until approximately 10:50 a.m. to allow for the appearance of the Appellant or the receipt of any information which would constitute good cause for the Appellant’s absence or delay. No such information was received from or on the behalf of the Appellant. Based on the testimony and evidence presented at the hearing in this matter, the undersigned Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Decision and Order. FINDINGS OF FACT

1. Mr. Jeppsen testified that he observed the Appellant’s motor vehicle parked at 1740 West Adams, Phoenix, Arizona on June 2, 2000, at 9:00 a.m. Mr. Jeppsen testified that the Appellant’s vehicle was parked in a parking space specifically posted as reserved for only Rideshare Program participants. Mr. Jeppsen testified that he visually inspected the vehicle for a Rideshare parking permit. Mr. Jeppsen testified that he did not observe such a permit anywhere within the vehicle. Accordingly, Mr. Jeppsen issued Citation No. 10827 to the Appellant for unauthorized parking in a reserved parking space. This Citation included a $16.00 penalty.

2. On or about June 14, 2000, the Department issued a Notice of Hearing to the Appellant regarding Citation No. 10827. The Notice of Hearing correctly stated the date, time and location of this hearing. The Notice of Hearing was sent by certified mail to the Appellant at 1740 W. Adams, Rm. 310, Phoenix, Arizona 85007. Accordingly, the undersigned Administrative Law Judge finds that the Notice of Hearing was properly sent to the Appellant.

3. The Appellant has failed to appear and present any evidence supporting her position. CONCLUSIONS OF LAW 1. The Arizona Department of Administration has 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 the “designation of special parking areas for state employees and the general public.” A.R.S. § 41-796(A).

2. A “person shall not park a vehicle in a reserved parking space without authorization…” A.A.C. R2-6-203(A)(5). The term “reserved parking space” means “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.” A.A.C. R2-6-201(9).

3. A “person . . . parking a vehicle on state property shall obey posted . . . parking signs.” A.A.C. R2-6-205(B). Unless “a person is a visitor using parking reserved for visitors, the person shall properly display a reserved parking space decal” when parked in a reserved parking space. A.A.C. R2-6-204(A)(emphasis added).

4. 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 [R2-6- 206(B)].” A.A.C. R2-6-206(A). There is a $16.00 penalty for unauthorized parking in any reserved parking space, other than those reserved for the physically disabled. A.A.C. R2-6-206(B)(6).

5. The Department bears the burden of showing, by a preponderance of the evidence, that the Appellant has violated traffic and parking rules. A.R.S. § 41-796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (App. 1996). The Department has met its burden. The undersigned Administrative Law Judge concludes that the Appellant has violated R2-6- 203(A)(5), R2-6-204(A) and R2-6-205(B). Accordingly, the Citation and $16.00 penalty are proper. ORDER IT IS ORDERED that Citation No. 10827 is proper and the Appellant shall pay the $16.00 penalty 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.

Done this day, August 4, 2000.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

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

By ___________________________ -----------------------

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