ALJDEC

01-12261-CPP · Department of Administration - Capitol Police Parking · 2001-04-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2001. APPEARANCES: Appellant Valeria Starks did not appear. Capitol Police Aide Mario Trevizo appeared, representing the Arizona Department of Administration-Capitol Police. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________

FINDINGS OF FACT 1. Valeria Starks contested the issuance of Capitol Police Parking Citation No. 12261 (Citation). This Citation was issued alleging “unauthorized parking in a reserved parking space”, and indicates a fine of $16.00. 2. Pursuant to a Notice of Hearing issued by the Arizona Department of Administration-Capitol Police, this matter came on for regularly scheduled hearing on Monday, April 2, 2001 at 10:30 a.m. 3. The commencement of this hearing was delayed for approximately one hour, during which time other Appellants’ hearings were held. This allowed added time for any appearance by or on behalf of either party. 4. Appellant Valeria Starks failed to appear. However, she had provided a letter dated January 31, 2001, of appeal to the Citation, and this letter was a part of the record in this matter. 5. On January 31, 2001, Capitol Security Aide Mario Trevizo issued Citation No. 12261, which indicated that the vehicle with License 588 FDJ had parked in a reserved space. 6. Aide Trevizo appeared at the administrative hearing and testified that he had been radio dispatched by the Capitol Police to the surface parking lot (for Department of Economic Security) at 17th Avenue and Jefferson, when the person entitled to park in that reserved space found another car parked in the reserved space. Aide Trevizo testified that the vehicle with License 588-FDJ was parked in a reserved space and that he proceeded to issue the ticket. Aide Trevizo testified that there are numbers for the reserved spaces at the parking lot barricade as well as signs at the parking lot barricade. 7. The ticket indicates that it was given at 1717 W. Jefferson, at 9:10 a.m. 8. Appellant’s appeal dated January 31, 2001, states that the space she parked in has “no marking on it at all”, and was the last spot on the south end facing the wall of 1717 W. Jefferson. Appellant states that “[I]f the space is reserved, it should be marked as such so others are not cited for this violation as well.” 9. According to the State of Arizona Directory, Appellant works as an Administrative Secretary III at the Arizona Department of Economic Security at 1717 W. Jefferson. CONCLUSIONS OF LAW 1. In this matter, the Department bore the burden to prove the parking violation alleged and charged in Citation No. 12261. 2. The evidence of record shows that Appellant had parked in a reserved space at the surface parking lot at this location. 3. Based on the foregoing, Citation No. 12261 is upheld. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 12261 is upheld, with a fine in the amount of $16.00. IT IS FURTHER ORDERED, notwithstanding the language contained in Arizona Revised Statutes (A.R.S.) §41-1092.08, based on a standing motion of J. Elliot Hibbs, Director of the Department of Administration, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department pursuant to Arizona Administrative Code (A.A.C.) R2-6-207 and A.R.S. §41- 1092.09(A). This decision may be appealed to the Superior Court, pursuant to A.R.S. §41-1092.08(H). ORDERED and DATED this day, April 13, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Original transmitted by mail this ____ day of April, 2001, to:

J. Elliott Hibbs, Director Department of Administration-Capitol Police Parking 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 PH(602) 542-9826/ FAX 542-9827