ALJDEC

00-11426-CPP · Department of Administration - Capitol Police Parking · 2001-01-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 11, 2001 APPEARANCES: Adam Fuentes on behalf of the Capitol Police, Department of Administration; Ethel Arment on her own behalf ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT 1. Adam Fuentes (“Mr. Fuentes”), a Capitol Police Aide, testified that on October 17, 2000, at 11:46 a.m. he issued Citation Number 11425 ( the “Citation”) to a vehicle with license plate number MGC474 for parking in a location not designated as a parking space at 15 South 15th Avenue, Phoenix, Arizona. 2. Mr. Fuentes also testified that he issued the above-mentioned citation after observing Ms. Arment’s vehicle parked in the parking garage at 15 South 15th Avenue at a location that was not designated as a parking space. Mr. Fuentes’ testimony, as set froth above, is determined to be credible. 3. During the hearing, Ethel Arment (“Ms. Arment”) admitted that she parked the above-mentioned vehicle in an undesignated space and described the circumstances as to why she parked the vehicle at that space. 4. Ms. Arment credibly testified that at the relevant time, she had a valid Rideshare permit and a valid Handicap permit. When Ms. Arment arrived at 15 South 15th Avenue on October 17, 2000, she could not find any available Rideshare parking spaces. Ms. Arment recently had surgery performed on her left foot and was wearing a “boot” on that foot so she sought a parking space close to the office building. Ms. Arment searched the garage and then drove outside the garage looking for an available handicapped parking space, but could not find one. Ms. Arment parked at an undesignated parking space within the garage with the intention of moving it at her lunch hour. 5. According to Ms. Arment, her parked vehicle did not obstruct or prevent any traffic within the garage. At her lunch hour, Ms. Arment approached her vehicle with the intent of moving it and noticed that she had received the instant citation. She then proceeded to move her vehicle to a Rideshare sparking space that was available. CONCLUSIONS OF LAW 1. A.R.S. §41-796 (E) provides Police personnel with the authority to: “issue a notice to appear of an alleged violation in the form adopted by the department [of administration] directing a person accused of violating a rule for control of vehicles on state property adopted pursuant to this section to appear at a designated place to contest the allegation of violation or to admit the violation and pay a penalty…”. 2. A.R.S. § 41-796 authorizes the Arizona Department of Administration (the “Department”) to “adopt and administratively enforce rules for the control of vehicles on state property” regarding, among other things, the “place, method and time of parking” and the “designation of special parking areas for state employees and the general public.” 3. The Department has promulgated rules governing traffic and parking (See Arizona Administrative Code R2-6-201 et seq.). 4. Under A.R.S. §41-796 and the rules promulgated thereunder (A.A.C. R2-6- 201 et seq.) a citation contains an alleged violation of the State’s Parking and Traffic Rules and is not determinative as to whether such a violation occurred. 5. 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.” 6. A.A.C. R2-6-203(A)(3) provides that “a person shall not park a vehicle in a location that is not designated as a parking space”. 7. A.A.C. R2-6-205(B) provides, in pertinent part, that “a person…parking a vehicle on state property shall obey posted traffic and parking signs.” 8. A.A.C. R2-6-207 provides for a hearing process available to individuals who wish to contest alleged parking violations contained in a citation issued by the Capitol Police. 9. The above-mentioned statutory and regulatory scheme provides the Administrative Law Judge with the authority to determine whether the Appellant has violated the State’s Parking and Traffic Rules. It is implied that the Administrative Law Judge has discretionary authority to determine the amount of penalty to assess in the event that a violation of the those rules has occurred as alleged in the Citation. 10. A.A.C. R2-6-206(B)(3) provides for a $20.00 fine for parking in a location that is not designated as a parking space. 11. The Capitol Police, Department of Administration has the burden of proving that on October 17, 2000, Ethel Arment violated the State’s Parking and Traffic Rules as alleged in the Citation. 12. The Department met its burden of proving by the weight of credible evidence that on October 17, 2000, Ms. Arment violated the State Parking and Traffic Rules established under A.R.S. §41-796 by parking her vehicle in an undesignated space at the garage located at 15 South 15th Avenue, Phoenix, Arizona. Therefore, the Citation is upheld. 13. Ms. Arment’s testimony, as set forth above, is considered in mitigation of the penalty to be assessed. . . . . . . . . . . . .

ORDER Based on the above, IT IS ORDERED that on or before 10 business days from the effective date of the Order entered in this matter, Ms. Arment shall pay a monetary penalty in the sum of $10.00 as prescribed in A.A.C. R2-6-207(C). Notwithstanding A.R.S. §41-1092.08, on standing motion of J. Elliot 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). The Appellant has the right to appeal the action to the Superior Court, pursuant to A.R.S. §41-1092.08(H). Done this day, January 19, 2001.

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, 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