ALJDEC

01-12291-CPP · Department of Administration - Capitol Police Parking · 2001-04-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On April 6, 2001, a hearing was held regarding a parking citation issued to Sara Petrozzi (the “Appellant”). Capitol Police Aide Shelley Hebets (“Hebets”) represented the Department of Administration, Capitol Police (the “Department”). The Appellant failed to appear. The record was kept open until approximately 9:50 a.m. to allow for the appearance of the Appellant or the receipt of any information which would constitute good cause for the Appellant’s absence or delay. No such information was received from or on the behalf of the Appellant. Based on the testimony and evidence presented at the hearing in this matter, the undersigned Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Decision and Order. FINDINGS OF FACT 1. Ms. Hebets testified that she observed the Appellant’s motor vehicle parked at 1700 West Jefferson, Phoenix, Arizona on January 11, 2001, at 1:00 p.m. Ms. Hebets testified that the Appellant’s vehicle was illegally parked in a location not designated as a parking space. Accordingly, Ms. Hebets issued Citation No. 12291 to the Appellant for parking in a location not designated as a parking space. This Citation included a $20.00 penalty.

2. On or about February 28, 2001, the Department issued a Notice of Hearing to the Appellant regarding Citation No. 12291. The Notice of Hearing correctly stated the date, time and location of this hearing. The Notice of Hearing was sent by certified mail to the Appellant at 1962 E. Duke, Tempe, Arizona 85283. Accordingly, the undersigned Administrative Law Judge finds that the Notice of Hearing was properly sent to the Appellant.

3. The Appellant failed to appear and present any evidence supporting her position in this matter. 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 the “designation of special parking areas for state employees and the general public.” A.R.S. § 41-796(A).

2. A person shall not park a vehicle in a location that is not designated as a parking space. A.A.C. R2-6-203(A)(3). A person shall not park a vehicle outside of the area designated by painted white lines when using a parking space. A.A.C. R2-6-203(D).

3. The “registered owner of a vehicle involved in a violation of R2-6-203, R2-6-204, or R2-6-205 shall pay the monetary penalties prescribed in [R2-6- 206(B)].” A.A.C. R2-6-206(A). There is a $20.00 penalty for parking in a location that is not designated as a parking space. A.A.C. R2-6-206(B)(3).

4. The Department bears the burden of showing, by a preponderance of the evidence, that the Appellant has violated traffic and parking rules. A.R.S. § 41-796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (App. 1996). The Department has met its burden. The undersigned Administrative Law Judge concludes that the Appellant has violated R2-6- 203(A)(3). Accordingly, the Citation and $20.00 penalty are proper.

ORDER IT IS ORDERED that Citation No. 12291 is proper and the Appellant shall pay the $20.00 penalty as prescribed in A.A.C. R2-6-206(B). This decision is the final administrative decision, notwithstanding A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Arizona Department of Administration. Done this day, April 9, 2001.

______________________________________ Casey J. Newcomb Administrative Law Judge

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

J. Elliott Hibbs 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 (602) 542-9826