ALJDEC

00-11246-CPP · Department of Administration - Capitol Police Parking · 2000-12-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 21, 2000 APPEARANCES: Appellant failed to appear and the Arizona State Capitol Police appeared through police aide, Derron Arnson (“Arnson”). 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. Arnson was not the police aide that issued the citation involved in the instant matter. The citation in question was issued by police aide J. Wolgan (“Wolgan”), who did not appear at the instant hearing. Arnson had no personal knowledge of the facts surrounding said citation and could only testify based on the information set forth in the citation of record.

2. Arnson was able to demonstrate that Wolgan issued the citation in question on September 14, 2000 at 10:50a.m., at the location of 15 S. 15th Ave., a State of Arizona building. Although Arnson was able to testify to the fact that the citation was issued for unauthorized parking in a reserved parking space, he was unable to describe the exact nature of said alleged unauthorized parking (i.e. whether the citation involved a Rideshare parking space, a parking space reserved for a specific individual, visitor parking, etc.) Thus, the evidence of record was inadequate to establish the facts surrounding the basis for the issuance of the parking citation. 3. This Tribunal will not engage in speculation. The testimony of Arnson was inadequate to support a finding that the citation issued was justified. Thus, this citation should be dismissed.

CONCLUSIONS OF LAW

1. The Arizona State Capitol Police failed to sustain the required burden of proving the charges set forth in the parking citation by a preponderance of relevant, substantial and probative evidence and consequently the instant record does not support any finding that Appellant has violated the charged parking regulation. ORDER

In view of the foregoing, it is Ordered that citation no. 11246 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. Any request for rehearing must be forwarded to the Department of Administration pursuant to A.A.C. R2-6-208 and A.R.S. § 41-1092.09 (A). In addition, this decision may be appealed to the Superior Court, pursuant to A.R.S. § 41-1092.08 (H).

Done this day, December 21, 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 ___________________________

-----------------------

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