ALJDEC

01-11969-CPP · Department of Administration - Capitol Police Parking · 2001-02-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2001. APPEARANCES: Isabelle Mendez, Capitol Police Aide. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Although the Appellant stated in her appeal that she had displayed the appropriate permit when parking in a Rideshare space, the evidence at hearing established that the citation in this matter was issued appropriately. Therefore, the citation shall be affirmed and the appeal denied. FINDINGS OF FACT 1. On December 5, 2000, Capitol Police Aide Isabelle Mendez issued a parking citation to the vehicle of Mary Florez-Gastelo for unauthorized parking in a reserved space because it was parked in a parking space that was marked as reserved for Rideshare participants only. A Rideshare permit was visible in the vehicle but it had an expiration date of June 2000. 2. Ms. Florez-Gastelo appealed the citation but failed to appear at hearing. Ms. Mendez testified that Ms. Florez-Gastelo had been warned of the expired permit. While Ms. Florez-Gastelo’s appeal stated that the permit expires June 2001 and while she did include a copy of it in the appeal, she was not present to testify. Therefore, the Administrative Law Judge was unable to determine that she had the proper permit displayed or that she had received it before the date of the citation. Therefore, the weight of the evidence at hearing was that the citation was properly issued. CONCLUSIONS OF LAW 1. The Arizona Revised Statutes at A.R.S. §41-796 grant the Arizona Department of Administration 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.” 2. The Arizona Administrative Code at 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.” This definition includes the Rideshare program for which a permit is required. 3. The Arizona Administrative Code prohibits parking in a reserved parking space without authorization or parking in a space reserved for the physically disabled without displaying the proper placard or plates. A.A.C. R2-6-203(A)(5) and 204(B). Persons parking a vehicle on state property must obey posted parking signs. A.A.C. R2-6-205(B). 4. Failure to follow the above rules results in monetary penalties being assessed the registered owner of the vehicle. A.A.C. R2-6-206(A). Unauthorized parking in a reserved space carried a fine of $16.00. A.A.C. R2-6-206(B)(6). 5. Pursuant to A.A.C. R2-6-207, persons served with a citation for violating the above rules may appeal and have a hearing before an Administrative Law Judge who may impose a monetary penalty. In order to give meaningful effect to this rule, the Administrative Law Judge must not only have the authority to affirm or dismiss a citation but also to modify the penalty in consideration of the gravity of the offense and other mitigating factors. 6. In this case, the evidence has established that the Appellant was parking unauthorized in a reserved parking space. Therefore, the appeal must be denied and the monetary penalty affirmed. ORDER IT IS HEREBY ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay a fine of $16.00. On standing motion by 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.R.S. §41-1092.09(A). In addition, the 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 21, 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