ALJDEC

01-11524-CPP · Department of Administration - Capitol Police Parking · 2001-02-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 8, 2001. APPEARANCES: APPELLANT: Steve Kentera, on his own behalf. DEPARTMENT OF ADMINISTRATION, CAPITOL POLICE: by Shelley Hebets, Police Assistant.

ADMINISTRATIVE LAW JUDGE: Anthony Halas _____________________________________________________________________

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. The testimony of Capitol Police Aide Hebets established that on November 13, 2000, at 10:12 a.m., she observed the motor vehicle of Appellant Steve Kentera (Kentera) at the location of 1535 West Jefferson, the Arizona state government Department of Education building and parking lot in Phoenix, Arizona. According to Hebets, the vehicle was parked in a parking space specifically reserved and marked for Rideshare Program (Rideshare) participants only. Because Hebets did not observe a permit for the Rideshare Program anywhere within the vehicle, she therefore issued Citation 11524. The Citation was for “unauthorized parking in a reserved parking space” for which a $16.00 penalty was assessed. 2. Appellant Kentera requested appeal, and at hearing, provided confirmation that prior to the date the Citation was issued, he had been issued permits for Capitol Rideshare (No. 3059) and Rideshare (No. 2444).

3. Appellant Kentera testified that on the day in question (a Monday), he had parked as he normally did in the space reserved for Rideshare participants, not realizing until later (after getting the Citation at issue) that he had inadvertently forgotten to take the Rideshare permit from the glove box it (where he kept on the weekends) and display it above the dashboard.

CONCLUSIONS OF LAW 1. A.R.S. § 41-796 grants the Arizona Department of Administration with 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.” The Rideshare Program is determined to be one such travel reduction program. 3. A.A.C. R2-6-203.A.5 provides that “a person shall not park a vehicle in a reserved parking space without authorization…” The schedule of penalties, per A.A.C. R2-6-206.B.6, provides that for such unauthorized parking, a penalty of $16.00 be imposed, and A.A.C. R2-6- 206.B.12 assesses a penalty of $16.00 for improper display of a parking decal. 4. While generally speaking, there is no doubt that Mr. Kentera is authorized to park in a space reserved for Rideshare participants, it is also undisputed that he failed to display his Rideshare Program parking permit the day Police Assistant Hebets issued the citation in question. However, by reason of that permit, previously issued, he was within the spirit and intent of the law rewarding participating individuals with reserved parking spaces as a means of reducing vehicular traffic and pollution. 5. Nonetheless, Appellant’s failure to properly display the Rideshare permit could be subject to penalty pursuant to A.A.C. R2-6-206.B.12. However, it is the conclusion of the undersigned that on the facts and circumstances of this matter, Appellant has provided good cause for the one- time waiver of any such penalty, with the admonishment that any future charged and proven violations of a similar nature would warrant imposition of the monetary penalty set forth in the citation.

ORDER IT IS HEREBY ORDERED admonishing Appellant to exercise appropriate care to properly display his Rideshare parking permit, or risk imposition of monetary penalty. On standing motion of J. Elliott Hibbs, Director of the Department of Administration, and notwithstanding the language contained in A.R.S. § 41- 1092.08, this decision is the final administrative decision. 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, Appellant has the right to appeal this decision to the Superior Court, pursuant to A.R.S. § 41-1092.08.H. Done this day, February 12, 2001.

______________________________________ Anthony Halas 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