ALJDEC

01-12219-CPP · Department of Administration - Capitol Police Parking · 2001-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2001. APPEARANCES: J. Sam Miosi, Appellant, and E. Nordby, Capitol Police Officer. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ J. Sam Miosi has established that she was not parked in a reserved parking space. Therefore, this citation is dismissed. FINDINGS OF FACT 1. On December 8, 2000, Capitol Police Officer Nordby issued a parking citation to the vehicle of J. Sam Miosi for unauthorized parking in a reserved parking space (a Rideshare space). Ms. Miosi appealed the citation and both she and Officer Nordby appeared at the administrative hearing that was set in response to the appeal. 2. Ms. Miosi testified that she was parked in her usual space where she has parked for one and a half years. This space is near a sign indicating Rideshare spaces; however, the sign has an arrow that points away from her space, indicating only the other spaces are for Rideshare. Other signs for Rideshare in the parking garage have signs that point both ways. Ms. Miosi brought pictures of the signs and submitted them in evidence at hearing. 3. Officer Nordby testified that he is aware that some signs only indicate one direction is for Rideshare but stated that he would not have issued the citation if the vehicle was not in a Rideshare space. 4. While both parties appeared credible at hearing, it is more likely that Ms. Miosi’s version is more accurate since Officer Nordby issues citations as a routine part of his job and Ms. Miosi likely receives few of them. Therefore, she is more likely to remember the incident. 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. Pursuant to A.A.C. R2-6-205(B), people who park their vehicles on state property must obey the posted parking signs. 3. In this case, the evidence established that Ms. Miosi did obey the parking signs on the day she received the citation. Therefore, this citation should be dismissed. ORDER Based upon the foregoing, IT IS ORDERED that this appeal is sustained and Appellant’s citation is 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 ___________________________

-----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826