ALJDEC

01-12237-CPP · Department of Administration - Capitol Police Parking · 2001-02-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2001. APPEARANCES: Alma Russell, Appellant, and Capitol Police Aide E. Nordby. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ The Capitol Police Aide has established that Appellant improperly displayed her Rideshare permit but did not park in a reserved space without authorization. Therefore, the citation in this matter shall be amended to improper display of a Rideshare permit with a $10.00 monetary penalty. FINDINGS OF FACT 1. On December 12, 2000, Capitol Police Aide E. Nordby issued a parking citation to the vehicle of Alma Russell 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. Russell appealed the citation, and both she and Mr. Nordby appeared at hearing. 2. Ms. Russell testified at hearing that she has a Rideshare permit but it had fallen on the floor on the driver’s side. Mr. Nordby testified that he had looked in the windows and on the seat of the vehicle before issuing the citation and didn’t see it anywhere. He stated that he would agree to amend the citation to improper display of the permit since Ms. Russell is a member of the Rideshare program.

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. People who park their vehicles on state property must obey the posted parking signs. A.A.C. R2-6-205(B). 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). The user of the space is required to display the decal so that it is visible through the windshield of the vehicle from the outside. A.A.C. R2-6-204(C). 4. Unauthorized parking in a reserved space carries a monetary penalty of $16.00. Although the citation states otherwise, improper display of a permit carries a penalty of $10.00. A.A.C. R2-6-206(B)(6) and (12). 5. 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. 6. In this case, the weight of the evidence established that Ms. Russell did not ensure that her Rideshare permit was properly displayed. However, since she is a Rideshare member, it is appropriate to amend the citation to improper display of a reserved parking decal with a monetary penalty of $10.00. DECISION 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 the monetary penalty of $10.00 for improper display of the Rideshare permit. 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 23, 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