ALJDEC

01-12266-CPP · Department of Administration - Capitol Police Parking · 2001-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 4, 2001 APPEARANCES: Victor Scedo, in his own behalf Shelley Hebets, Capitol Police Assistant on behalf of the Capitol Police ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On February 13, 2001, the Appellant’s car was parked in a reserved parking space at 1624 West Adams. The signs limiting parking to authorized vehicles are prominently posted. 2. The Appellant testified he had a parking decal which allows the Appellant to park in a parking space at this address. 3. On February 13, 2001, Capitol Police were informed about unauthorized persons parking at 1624 West Adams. Capitol Police Assistant , Mario Tervizo (Tervizo) did not see the Appellant’s parking decal and issued a parking citation to the Appellant for unauthorized parking in a reserved parking space. 4. The Appellant had placed the decal on the back of his window and it had apparently fallen when Tervizo issued the citation. Conclusions of Law A.A.C. R2-6-206 (B)(6) provides for a $16.00 penalty for unauthorized parking in a reserved parking space. The Appellant was cited for violation of this portion of the rule. The Appellant requested a hearing on the citation. 1. The evidence was not contested. The Appellant had a decal which authorized him to park in the parking lot but his decal had fallen. This would possibly constitute a violation of (B)(12) (failure to properly display a parking decal), of the cited rule and A.A.C. R-2-6-204 (C) (the decal is to be visible through the windshield). However the argument was not made and it is not for the Administrative Law Judge (ALJ) to act as a prosecutor and amend the citation in order that it might to conform to the facts. 2. Based on the evidence, the Appellant is not in violation of A.A.C. R2-6- 206(B)(6). Order In view of the foregoing, It Is Hereby Ordered that Citation No.12266 be dismissed. On standing motion of J. Elliot Hibbs, the Director of the Department of Administration, this decision is the final agency decision, notwithstanding the language contained in A.R.S. 41-1092.08.

Done this day, April 4, 2001

______________________________________ Allen Reed 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