ALJDEC

01-12054-CPP · Department of Administration - Capitol Police Parking · 2001-04-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2001. APPEARANCES: Appellant Robert Greg Childs appeared telephonically, representing himself. Capitol Police Sergeant Brian Neus appeared, representing the Arizona Department of Administration-Capitol Police. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ FINDINGS OF FACT 1. Robert Greg Childs contested the issuance of Capitol Police Parking Citation No. 12054 (Citation). This Citation was issued alleging “unauthorized parking in a reserved parking space”, and indicates a fine of $16.00. 2. Pursuant to a Notice of Hearing issued by the Arizona Department of Administration-Capitol Police, this matter came on for regularly scheduled hearing on Monday, April 2, 2001 at 9:30 a.m. The matter was held telephonically after other persons’ matters, also noticed for 9:30 a.m., were held. 3. On December 18, 2000, Capitol Security Aide A. Fuentes issued Citation No. 12054, which indicated that the vehicle with specialty license plate “Go G Man” had parked in a Ride Share location and did not display a Ride Share placard. 4. The ticket indicates that it was given at 1535 W. Jefferson, at 10:37 a.m. 5. Sergeant Brian Neus appeared at the administrative hearing for testimony regarding the issuance of the ticket. Sergeant Neus testified that Aide Fuentes had issued the Citation because he found this Honda Hatchback, during his duties at Department of Education (ADOE) and its parking garage, parked in a Ride Share space, and that Aide Fuentes had indicated on the ticket “Rideshare No Placquer” (sic). 6. Sergeant Neus argued that under the Ride Share rules, the permit must be visible, and that this permit would not be visible behind another permit. 7. Appellant Childs testified that he has three placards: the Ride Share permit, a “Blue” Madison garage permit, and an ASU West permit. Appellant Childs testified that at the time, the Ride Share placard was hanging there but was reversed and facing the back of the ASU West permit. Appellant Childs testified that there was no way for the Aide to see the Ride Share permit because the car has dark tinted windows and the car was parked in the garage. Appellant testified that there was no way for anyone to see the permit because he did not remove the ASU West permit. Appellant Childs testified that he was enrolled in Criminal Justice classes in the evening that semester. Appellant Childs did not state the days of his classes, but thought that the session had ended the week prior to Christmas. Appellant Childs testified that he has been parking in those designated ADOE garage spaces for three years and that this Ride Share permit had been issued in the summer of 2000. Appellant Childs testified that he rideshares with another Supreme Court employee, Julie Dybas. 8. Appellant Childs argued that the Citation should be dismissed, and no further action should be taken on it. CONCLUSIONS OF LAW 1. The Department of Administration has authority over rules for control of traffic and parking on state property with respect to, among other things: the place, method and time of parking, and nonparking areas. Arizona Revised Statutes (A.R.S.) §41-796. 2. In this matter, the Department bore the burden to prove the parking violation alleged and charged in Citation No. 12054. 3. The evidence of record in this matter shows that Appellant had, in fact, parked in the Ride Share spaces at the ADOE garage at 1535 W. Jefferson, but had not correctly displayed his Ride Share permit. 4. Based on the foregoing, Citation No. 12054 is upheld. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 12054 is upheld, with a fine in the amount of $16.00. IT IS FURTHER ORDERED, notwithstanding the language contained in Arizona Revised Statutes (A.R.S.) §41-1092.08, based on a standing motion of J. Elliot Hibbs, Director of the Department of Administration, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department pursuant to Arizona Administrative Code (A.A.C.) R2-6-207 and A.R.S. §41- 1092.09(A). This decision may be appealed to the Superior Court, pursuant to A.R.S. §41-1092.08(H). ORDERED and DATED this day, April 18, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

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

J. Elliott Hibbs, Director 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 PH(602) 542-9826/ FAX 542-9827