ALJDEC

01-12226-CPP · Department of Administration - Capitol Police Parking · 2001-02-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2001. APPEARANCES: Debbie Mayfield, Appellant, and Capitol Police Aide E. Nordby. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Debbie Mayfield has established that, while she did park in a Rideshare space without properly displaying a reserved parking decal, she is a participant in the Rideshare program. Therefore, the citation shall be amended to reflect improper display of a reserved parking decal and the penalty shall be reduced to $8.00 with an admonition to properly display the decal whenever parking in a Rideshare space. FINDINGS OF FACT 1. On December 11, 2000, Capitol Police Aide E. Nordby issued a parking citation to the vehicle of Debbie Mayfield for unauthorized parking in a reserved space because her vehicle was parked in a Rideshare space with no Rideshare permit visible on or in it. Ms. Mayfield appealed the citation and both she and Mr. Nordby appeared at hearing. 2. Ms. Mayfield testified at hearing that she has a Rideshare permit but had to use her other vehicle to come to work and did not bring the permit. She brought the permit to hearing, and Mr. Nordby testified that he would agree to lower the citation to failure to display a permit. Both infractions carry a fine of $16.00. 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. Even when properly using a reserved space, people parking on state property must display a reserved parking decal (except for visitors using visitors’ spaces). A.A.C. R2-6-204(A). 4. 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. 5. The spirit and intent of the Rideshare program is to reward participants for their efforts to reduce traffic and pollution in the greater Phoenix metropolitan area. Therefore, when a participant has a decal but fails to display it on a single occasion, it is appropriate that the penalty for failure to display the decal be lower than the penalty assessed to those who don’t even participate in the program. 6. In this case, it is appropriate to amend the citation to failure to display a reserved parking decal and to lower the penalty to $8.00 with the admonition to Ms. Mayfield to properly display the Rideshare decal in whatever vehicle she uses in future or to forego using the space if she cannot do so. ORDER Based on the above considerations, IT IS ORDERED that this appeal is sustained in part and denied in part. IT IS FURTHER ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay a penalty of $8.00 for citation no. 12226, in accordance with the instructions set forth on the citation. Appellant is also hereby admonished to properly display the proper decal whenever parking in a reserved space on State property. 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 12, 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