ALJDEC

00-11180-CPP · Department of Administration - Capitol Police Parking · 2000-12-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 27, 2000 APPEARANCES: Appellant appeared on her own behalf and the Arizona State Capitol Police appeared through Arizona State Capitol Police aide, Edward McBride.

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 Order are made:

FINDINGS OF FACT

1. Evidence of record established that on October 26, 2000, at 1:30 p.m., Arizona State Capitol Police officer Laub (“Laub”), badge no. 1537, observed Appellant’s motor vehicle at the location of 1700 W. Washington, a State of Arizona building, parked in a parking space specifically reserved and marked for two (2) hour only visitor parking. Laub apparently determined that Appellant had been parked in the parking space in question for longer than two hours, in violation of the posted parking sign, which limited parking in said area to only two hours. Therefore, Laub issued the citation at issue herein and placed same on Appellant’s windshield. This Citation carries a $16.00 fine.

2. Appellant is a State of Arizona employee. She testified that she normally works out of an office located at the intersection of Central and Osborne and on the date in question she was at the location of 1700 W. Washington for specified job related training. She further testified that she did not know where she was permitted to park at this location and thus, parked in the two (2) hour visitor section, where she remained parked for longer than two (2) hours.

3. Regardless of whether or not Appellant had any knowledge of what, if any section, of the lot at 1700 W. Washington was available for her to park in for a period of time longer than two (2) hours, she should have heeded the posted signs, in the area where she parked, which indicated that parking in said area was limited to two (2) hours only. Appellant is found to have violated the applicable charged section of the State’s rules and regulations regarding obeying posted traffic and parking signs.

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.”

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) (14) provides for a $16.00 monetary penalty for “failure to obey posted traffic or parking signs on state property.”

5. Appellant parked in the two hour visitor parking area for longer than two (2) hours and thus, she violated the provisions of A.A.C. R2-6-205 (B). Therefore, pursuant to A.A.C. R2-6-206 (B) (14) 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. 11180. 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. R2-6-208 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, December 29, 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