ALJDEC

01-12047-CPP · Department of Administration - Capitol Police Parking · 2001-08-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of | | No. 01-12047-CPP | |The Appeal of the Citation | |DECISION AND ORDER | |Issued to: | |OF ADMINISTRATIVE | | | |LAW JUDGE | | | | | |TONI VALADEZ | | | | | | |

HEARING: August 10, 2001 APPEARANCES: Appellant failed to appear and the Arizona State Capitol Police appeared through police aide, Adam Fuentes (“Fuentes”). ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT

1. Evidence of record established that on April 11, 2001, at 1:41 p.m., Fuentes observed Appellant’s motor vehicle at the location of 1535 W. Jefferson, a State of Arizona Department of Education building, parked in a parking space specifically reserved and marked for visitors only. Fuentes testified that he had seen this car parked in the visitors only parking area in the past and made a determination that Appellant was a State of Arizona employee (not a visitor to the Department of Education building). In fact, Fuentes had issued a prior violation to Appellant for illegally parking in a parking space specifically reserved for visitors. Therefore, Fuentes issued the citation at issue herein and placed same on Appellant’s windshield. This Citation carries a $16.00 fine.

2. By her failure to appear for the scheduled hearing, Appellant failed to present any matters in defense or mitigation.

3. Appellant is found to have violated the applicable charged section of the State’s rules and regulations regarding parking in a reserved parking space located on State property.

CONCLUSIONS OF LAW

1. A.R.S. § 41-796 grants the Arizona Department of Administration with 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. 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.”

3. A.A.C. R2-6-203 (A) (5) provides, in pertinent part, “a person shall not park a vehicle in a reserved parking space without authorization…” In addition, A.A.C. R2-6-205 (B) provides, in pertinent part, “a person…parking a vehicle on state property shall obey posted…parking signs.”

4. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of…R2-6-205…shall pay the monetary penalties prescribed in this section. A.A.C. R2-6-206 (B) (6) provides for a $16.00 monetary penalty for unauthorized parking in any reserved parking space, other than those reserved for the physically handicapped.

5. Appellant was not authorized to park in a parking space specifically reserved for visitors to the State office building thus, she violated the provisions of A.A.C. R2-6-203 (A) (5), A.A.C. R2-6-205 (B). Therefore, pursuant to A.A.C. R2-6-206 (B) (6) Appellant was subject to a $16.00 monetary penalty.

6. The citation issued in this matter was justified.

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 the fine of $16.00, as provided in citation no. 12047. Notwithstanding the language contained in 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). 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, August 13, 2001

______________________________________ Mark A. Silver Administrative Law Judge

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

Department of Administration-Capitol Police Parking J. Elliott Hibbs 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