ALJDEC

00-11239-CPP · Department of Administration - Capitol Police Parking · 2000-12-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 1, 2000 APPEARANCES: George T. Keene appeared in his own behalf Adam Fuentes, Capitol Police Aide, appeared on behalf of the Department ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On August 31, 2000, the Appellant was issued a parking citation at 1535 West Jefferson the (Department of Education parking garage), for unauthorized parking in a reserved parking space. 2. The Appellant filed an appeal and the matter was set for the instant hearing. 3. Officer J. Wolgan issued the ticket. Officer Wolgan is no longer with the Capitol Police. Conclusions of Law A.R.S. § 41-796 provides in pertinent part that the Department of Administration may adopt rules for the control of vehicles on state property and for the collection of monetary penalties for violation of those rules. A.A.C. R 2-6-206 (B)(6) assesses a $16.00 fine for unauthorized parking in a reserved parking space. 1. The Appellant testified that he was not parked in a reserved “Rideshare” space. According to the Appellant, the space in which he parked was numbered 191 but since the citation was issued the number 191 had been removed and a rideshare curb has been added. 2. The officer who issued the citation was not present to offer testimony based on any personal knowledge regarding the parking space which is at issue. 3. The Appellant’s sworn testimony is considered more credible than the Citation which is unsupported by any testimony. Order In view of the foregoing it is Ordered that the Parking Citation against George T. Keene be dismissed. 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.

Done this day, December 6, 2000

______________________________________ Allen Reed 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