ALJDEC

01-12244-CPP · Department of Administration - Capitol Police Parking · 2001-02-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2001. APPEARANCES: Lorene Hanich, Appellant, and Capitol Police Aide E. Nordby. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Because Ms. Hanich is a Rideshare member and had a broken permit, the citation should be amended on this one occasion to a monetary penalty of $10.00. FINDINGS OF FACT 1. On December 13, 2000, Capitol Police Aide E. Nordby issued a parking citation to the vehicle of Lorene Hanich for unauthorized parking in a reserved space because it was parked in a parking space that was marked as reserved for Rideshare participants only. No Rideshare permit was visible in the vehicle. 2. Ms. Hanich appealed the citation arguing that she has a Rideshare permit but it was broken so she had placed it on the sun visor. She exhibited the broken permit at hearing. 3. Mr. Nordby agreed that the citation could be amended to reflect improper display of the Rideshare permit rather than unauthorized parking in the space. Both monetary penalties, however, are the same.

CONCLUSIONS OF LAW 1. The Arizona Revised Statutes at A.R.S. §41-796 grant the Arizona Department of Administration 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.” 2. The Arizona Administrative Code at A.A.C. R2-6-201(9) defines “reserved parking space” as “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.” This definition includes the Rideshare program for which a permit is required. 3. The Arizona Administrative Code prohibits parking in a reserved parking space without authorization or parking in a space reserved for the physically disabled without displaying the proper placard or plates. A.A.C. R2-6-203(A)(5) and 204(B). Persons parking a vehicle on state property must obey posted parking signs. A.A.C. R2-6-205(B). 4. Failure to follow the above rules results in monetary penalties being assessed the registered owner of the vehicle. A.A.C. R2-6-206(A). Unauthorized parking in a reserved space carried a fine of $16.00 A.A.C. R2-6-206(B)(6). 5. Pursuant to A.A.C. R2-6-207, persons served with a citation for violating the above rules may appeal and have a hearing before an Administrative Law Judge who may impose a monetary penalty. In order to give meaningful effect to this rule, the Administrative Law Judge must not only have the authority to affirm or dismiss a citation but also to modify the penalty in consideration of the gravity of the offense and other mitigating factors. 6. The spirit and intent of the rules allowing persons with Rideshare permits to park in special parking spaces is to reward them for carpooling, thus helping to reduce traffic and pollution in the greater Phoenix area. It is necessary to require the participants of the program to display the appropriate permit in order to allow the Capital Police to enforce the rules reserving these spaces to participants of the Rideshare program. In this particular case, however, the above law and rules are not viewed as requiring any punishment of a person who is otherwise entitled to park in a Rideshare designated parking space who may have failed, on a singular occasion, to properly display the Rideshare permit. Therefore, the fine in this case should be lowered on this one occasion to $10.00. Appellant is cautioned, however, that in future she must park in an unmarked space whenever she does not have her Rideshare permit or when she cannot properly display it. ORDER IT IS HEREBY ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay a fine of $10.00. On standing motion by J. Elliot Hibbs, Director of the Department of Administration, this decision is the final administrative decision. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.R.S. §41-1092.09(A). In addition, the Appellant has the right to appeal this decision to the Superior Court, pursuant to A.R.S. §41-1092.08(H).

Done this day, February 21, 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