ALJDEC

00-11125-CPP · Department of Administration - Capitol Police Parking · 2000-11-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 8, 2000 APPEARANCES: Appellant failed to appear and the Arizona State Capitol Police appeared through police aide, William Harper (“Harper”). ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Evidence of record established that on August 16, 2000, at 8:53 a.m., Harper observed Appellant’s motor vehicle at the location of 1600 W. Monroe, a State of Arizona building, parked in a parking space specifically reserved and marked for Rideshare Program participants only. Notwithstanding an extremely concerted effort to observe a Rideshare parking permit, Harper did not observe such a permit anywhere within the vehicle. Therefore, Harper issued the citation at issue herein and placed same on Appellant’s windshield. This Citation carries a $16.00 fine.

2. Harper further testified that the parking space in question was clearly marked as one specifically reserved for Rideshare participants only.

3. By his failure to appear for the scheduled hearing, Appellant failed to present any matters in defense or mitigation.

3. Appellant is found to have violated the applicable charged section of the State’s rules and regulations regarding having and displaying appropriate authorization to park in a reserved parking space located on State property.

CONCLUSIONS OF LAW

1. A.R.S. § 41-796 grants the Arizona Department of Administration with 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 “designation of special parking areas for state employees and the general public.”

2. A.A.C. R2-6-201 (9) 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.” Rideshare is determined to be the name of one of the State’s travel reduction programs.

3. A.A.C. R2-6-203 (A) (5) provides, in pertinent part, “a person shall not park a vehicle in a reserved parking space without authorization…” In addition, A.A.C. R2-6-205 (B) provides, in pertinent part, “a person…parking a vehicle on state property shall obey posted…parking signs.”

4. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of…R2-6-205…shall pay the monetary penalties prescribed in this section. A.A.C. R2-6-206 (B) (6) provides for a $16.00 monetary penalty for unauthorized parking in any reserved parking space, other than those reserved for the physically handicapped.

5. Appellant was not authorized to park in a Rideshare parking space and thus, she violated the provisions of A.A.C. R2-6-203 (A) (5), A.A.C. R2- 6-205 (B). Therefore, pursuant to A.A.C. R2-6-206 (B) (6) Appellant was subject to a $16.00 monetary penalty.

6. The citation issued in this matter was justified.

ORDER

IT IS HEREBY ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay the fine of $16.00, as provided in citation no. 11125. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final administrative decision. The 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, the Appellant has the right to appeal this decision to the Superior Court, pursuant to A.R.S. § 41-1092.08 (H).

Done this day, November 16, 2000

______________________________________ Mark A. Silver Administrative Law Judge

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

Department of Administration-Capitol Police Parking J. Elliott Hibbs Attn.: Wendy Hammon 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