ALJDEC

01-12215-CPP · Department of Administration - Capitol Police Parking · 2001-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2001. APPEARANCES: Mike Irving, Appellant, and E. Nordby, Capitol Police Officer. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Mike Irving has established that he parked partially on the sidewalk on state property because he was instructed to park there by a Capitol Police Officer. Therefore, this citation should be dismissed. FINDINGS OF FACT 1. On December 8, 2000, Officer Nordby of the Capitol Police issued a parking citation to Mike Irving for driving or parking on a pedestrian path or sidewalk. Mr. Irving appealed the citation and both Officer Nordby and Mr. Irving attended the administrative hearing that followed. 2. Officer Nordby testified that he issued the citation because Mr. Irving’s truck was parked with two of the wheels on the sidewalk. He had been called to that parking lot because of a number of violations, and Mr. Irving’s was one of them. 3. Mr. Irving testified that he was parked on the sidewalk because he was directed to park there by another Capitol Police officer, Officer Mendez. He stated that the parking lot was full because some people were having a large Christmas party in part of the lot and she directed him to park on the walk. He parked there as she watched, and she did not correct him in doing so. Officer Nordby testified that he had no knowledge of this. 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 “designation of special parking areas for state employees and the general public.” A.R.S. §41-796. 2. It is a violation of Arizona Department of Administration rules carrying a penalty of $20.00 to park on a pedestrian path or sidewalk. A.A.C. R-2-6-206(B)(3). 3. Those who wish to contest the issuance of a parking citation are entitled to a hearing before an Administrative Law Judge who may determine whether a violation occurred and may impose a monetary penalty. A.A.C. R2- 6-207. 4. In this case, Mr. Irving has established that, despite the rule, a Capitol Police Officer told him to park on the sidewalk due to an unusual event occurring in the parking lot. Since he was following her direction, it would be inappropriate to affirm the citation and impose a fine. ORDER Based on the foregoing considerations, IT IS ORDERED that this appeal is sustained. The citation issued to Mike Irving in this matter shall be dismissed. This decision is the final administrative decision, notwithstanding A.R.S. §41-1092.08 on standing motion of J. Elliott Hibbs, Director of the Department of Administration. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-207 and A.R.S. §41- 1092.09(A). The Appellant has the right to appeal the action to the Superior Court, pursuant to A.R.S. §41-1092.08(H). Done this day, February 9, 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