ALJDEC

01-12161-CPP · Department of Administration - Capitol Police Parking · 2001-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On April 6, 2001, a hearing was held regarding a parking citation issued to Jack Beveridge (the “Appellant”). Capitol Police Aide Shelley Hebets (“Hebets”) represented the Department of Administration, Capitol Police (the “Department”). The Appellant appeared on his own behalf. 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. Ms. Hebets testified that she observed the Appellant’s motor vehicle parked at 1700 West Jefferson, Phoenix, Arizona on January 9, 2001, at 1:30 p.m. Ms. Hebets testified that the Appellant’s vehicle was illegally parked on a sidewalk. Accordingly, Ms. Hebets issued Citation No. 12161 to the Appellant for parking on a pedestrian path or sidewalk. This Citation included a $25.00 penalty.

2. The Appellant testified that there were no available parking spaces in the parking lot on January 9, 2001. The Appellant testified that he had to park beside the sidewalk. The Appellant testified that he did not park on the sidewalk.

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 location not designated as a parking space. A.A.C. R2-6-203(A)(3). A person shall not drive or park a vehicle on a pedestrian path or sidewalk. A.A.C. R2-6-203(C)(1).

3. The “registered owner of a vehicle involved in a violation of R2-6-203, R2-6-204, or R2-6-205 shall pay the monetary penalties prescribed in [R2-6- 206(B)].” A.A.C. R2-6-206(A). There is a $20.00 penalty for parking in a location that is not designated as a parking space. A.A.C. R2-6-206(B)3). There is a $25.00 penalty for driving or parking on a pedestrian path or sidewalk. A.A.C. R2-6-206(B)(9).

4. 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). Ms. Hebets testified that the Appellant parked on the sidewalk. The Appellant testified that he did not park on the sidewalk. The testimony of the Appellant and Ms. Hebets were equally credible. Accordingly, the Department has not met its burden of showing by a preponderance of the evidence that the Appellant parked on a pedestrian path or sidewalk. A.A.C. R2-6-203(C)(1). Thus, the undersigned Administrative Law Judge must conclude that Citation No. 12161 and the $25.00 penalty are improper.

5. The preponderance of the evidence shows that the Appellant parked in a location that was not designated as a parking space, in violation of A.A.C. R2-6-203(A)(3). There is a $20.00 penalty for parking in a location that is not designated as a parking space. A.A.C. R2-6-206(B)(3). However, the Department failed to amend Citation No. 12161 to include this violation. Accordingly, the undersigned Administrative Law Judge cannot find a violation of A.A.C. R2-6-203(A)(3). Likewise, the undersigned Administrative Law Judge cannot order the Appellant to pay the $20.00 penalty pursuant to A.A.C. R2-6-206(B)(3).

ORDER IT IS ORDERED that Citation No. 12161 be quashed and the Appellant shall not have to pay the $25.00 penalty. 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 12, 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