ALJDEC

01-11964-CPP · Department of Administration - Capitol Police Parking · 2001-04-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On April 6, 2001, a hearing was held regarding a parking citation issued to Donna Friedman (the “Appellant”). The Appellant appeared and represented herself. No person appeared on behalf of the Department of Administration, Capitol Police (the “Department”). The record was kept open until approximately 9:50 a.m. to allow for the appearance of a representative from the Department or the receipt of any information which would constitute good cause for the Department’s absence or delay. No such information was received from or on the behalf of the Department. Based on the testimony and evidence presented at the hearing in this matter, the undersigned Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Decision and Order. FINDINGS OF FACT 1. On December 4, 2000, the Appellant was issued Citation No. 11964 for unauthorized parking in a space reserved for the handicapped. This Citation included a $50.00 penalty.

2. The Appellant testified that she is authorized to park in a parking space reserved for the handicapped. However, the Appellant testified that she forgot to display her handicap placard in her automobile. The Appellant explained that she was taking medication for an appendectomy and respiratory arrest. The Appellant testified that the medication made her forget to properly display the handicap placard.

3. On or about February 28, 2001, the Department issued a Notice of Hearing to the Appellant regarding Citation No. 11964. The Notice of Hearing correctly stated the date, time and location of this hearing. However, a representative from the Department failed to appear and present any evidence supporting the Department’s position.

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 the “designation of special parking areas for state employees and the general public.” A.R.S. § 41-796(A).

2. A person shall not park in a reserved parking space without proper authorization. A.A.C. R2-6-203(A)(5). A “reserved parking space” is “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.” A.A.C. R2-6-201(9). To park in a space reserved for the physically disabled, a person must obtain a removable windshield placard or special plates. A.A.C. R2-6-204(B). A person must display the placard or plates as prescribed by the rules of the Department of Transportation. Id.

3. The Department bears the burden of showing, by a preponderance of the evidence, that the Appellant has violated traffic and parking rules. A.R.S. § 41-796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (App. 1996). The Department has met this burden. The undersigned Administrative Law Judge concludes that the Appellant has violated R2-6- 203(A)(5) and R2-6-204(B).

4. The Appellant was cited because she parked in “unauthorized parking in a space reserved for handicapped”. The Appellant is authorized to park in a space reserved for the handicap. However, she simply forgot to properly display the placard in her automobile because of the medication that she was taking. The Appellant is precisely the type of person that should be rewarded with preferential parking. Accordingly, under all of the facts and circumstances presented herein, the imposition of a monetary penalty is unwarranted.

5. The undersigned Administrative Law Judge is not condoning the Appellant’s failure to have properly displayed the handicap placard. In fact, this case should properly constitute a one-time exception and any future charged and proven violations of a similar nature should warrant imposition of the monetary penalty set forth in the Citation. ORDER The Appellant is hereby formally admonished that she must exercise greater care in the future when parking in a space reserved for the physically disabled. IT IS ORDERED that Citation No. 11964 shall be quashed and the Appellant shall not have to pay the $50.00 penalty prescribed in A.A.C. R2-6-206(B). This decision is the final administrative decision, notwithstanding A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Arizona Department of Administration. Done this day, April 9, 2001.

______________________________________ Casey J. Newcomb Administrative Law Judge

Original transmitted by mail this ____ day of April, 2001, to:

J. Elliott Hibbs Department of Administration-Capitol Police Parking 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