ALJDEC

01-11926-CPP · Department of Administration - Capitol Police Parking · 2001-02-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2001. APPEARANCES: Linda McWilliams, Appellant, and Shelley Hebets, Capitol Police Aide. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Capitol Police Aide Hebets has established that Linda McWilliams failed to properly display a reserved parking decal on December 5, 2000. Therefore, this appeal must be denied in part, but it should also be affirmed in part. Since Ms. McWilliams obeyed the spirit and intent of the Rideshare law by cooperating with Phoenix’s efforts to reduce traffic and pollution, the penalty should be reduced to $8.00. FINDINGS OF FACT 1. On December 5, 2000, Capitol Police Aide Hebets issued a parking citation to the vehicle of Linda McWilliams for unauthorized parking in a reserved parking space. Ms. McWilliams appealed the citation and both she and Ms. Hebets appeared at the hearing that followed. 2. Ms. McWilliams testified that she had her Rideshare permit but it was broken so she put it in the driver’s side window. Ms. Hebets submitted photographs of the vehicle and testified that it was not visible in the car at the time she issued the citation. If it had been, she would not have issued a citation.

CONCLUSIONS OF LAW 1. The Arizona Department of Administration has 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.” A.R.S. §41-796. 2. Pursuant to A.A.C. R2-6-205(B), people who park their vehicles on state property must obey the posted parking signs. 3. Even when properly using a reserved space, people parking on state property must display a reserved parking decal (except for visitors using visitors’ spaces). A.A.C. R2-6-204(A). 4. Those who wish to contest the issuance of a parking citation are entitled to a hearing before an Administrative Law Judge who may determine whether a violation occurred and may impose a monetary penalty. A.A.C. R2- 6-207. 5. In this case, Capitol Police Aide Hebets established that Ms. McWilliams did not display her parking decal when parking in a reserved space. While it may have been broken, it still needed to be displayed where it was visible. The citation should be amended to a violation for failure to properly display her parking decal. Failure to properly display a parking decal carries a $16.00 fine, just as unauthorized parking in a reserved space. However, since Ms. McWilliams does have the proper decal, and since the spirit and intent of the Rideshare program is to reward those who join in the effort to reduce traffic and pollution, the fine should be reduced to $8.00. ORDER Based on the foregoing considerations, IT IS ORDERED that citation number 11926 shall be amended to reflect a failure to properly display a parking decal with a fine of $8.00. IT IS FURTHER ORDERED that Appellant shall, within ten (10) days of the effective date of this Order, pay the fine of $8.00 in the manner set forth on the citation. This decision is the final administrative decision, notwithstanding A.R.S. §41-1092.08 on standing motion of J. Elliott Hibbs, Director of the Department of Administration. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-207 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, February 12, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang 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