ALJDEC

00-11018-CPP · Department of Administration - Capitol Police Parking · 2000-10-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 2000. APPEARANCES: William Harper, Capitol Security Aide, appeared representing the Arizona Department of Administration-Capitol Police (Department). Frank Bravo did not appear. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ 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 Frank Bravo has contested the issuance of Capitol Police citation Number 11018. 2. Despite Notice of Hearing issued by the Department, Petitioner Bravo did not appear for the hearing scheduled for September 28, 2000 with the Office of Administrative Hearings. 3. According to the testimony of Aide Harper, on July 21, 2000, at approximately 2:40 P.M., Capitol Police Security Aide Faw, personally observed Petitioner’s vehicle parked in a space reserved for the handicapped at 1818 W. Adams, Phoenix, Arizona. As per established departmental procedures, Aide Faw looked for but did not find any parking permit displayed anywhere on Petitioner’s vehicle. 4. Capitol Police Security Aide Faw issued Citation Number 11018, imposing a fine in the amount of $50.00 for unauthorized parking in a space reserved for the handicapped in violation of the provisions contained in A.R.S. §41-796. 5. Petitioner provided no explanation with his appeal of the parking citation. CONCLUSIONS OF LAW 1. The State has sufficiently met its burden of proving by a preponderance of the evidence that Petitioner had violated traffic and parking rules; specifically A.R.S. §41-796. 2. Petitioner has failed to present any evidence refuting the State’s position. RECOMMENDED ORDER In view of the foregoing, IT IS ORDERED that Citation Number 11018 is upheld and that Petitioner shall pay fine in the sum of $50.00. 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 Elliot Hibbs, Director of the Arizona Department of Administration. Petitioner/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, 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). ORDERED and DATED this day, October 13, 2000.

____________________________________ Kay A. Abramsohn Administrative Law Judge

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

Department of Administration-Capitol Police Parking J. Elliott Hibbs 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 PH(602) 542-9826/ FAX 542-9827