ALJDEC

01-12306-CPP · Department of Administration - Capitol Police Parking · 2001-04-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2001. APPEARANCES: Appellant Kathy Roberts appeared, representing herself. Capitol Police Aide Shelley Hebets appeared, representing the Arizona Department of Administration-Capitol Police. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ FINDINGS OF FACT 1. Kathy Roberts contested the issuance of Capitol Police Parking Citation No. 12306 (Citation). This Citation was issued alleging “parking in a location not designated as a parking space”, and indicates a fine of $20.00. 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. On January 17, 2001, Capitol Security Aide Hebets issued Citation No. 12306, which indicated that the vehicle with License EZN 730 had parked in a location not designated as a parking space. 4. Aide Shelley Hebets appeared at the administrative hearing for testimony regarding the issuance of the ticket. Aide Hebets testified that she had found this vehicle parked outside the stall lines in surface K Lot at 1700 W. Washington, and had issued the Citation.

5. The ticket indicates that it was given at 1700 W. Washington, at 10:25 a.m. 6. Appellant Roberts testified that she is a state employee at the Arizona Department of Administration in the General Accounting Office and began work there in November 2000. Appellant Roberts testified that she had been called out of the office and when she returned to the Capitol there had not been any parking spaces in K Lot. Appellant Roberts testified that, although she had never before done so, that others were parked outside the lines in the same areas, and so she parked there also. Appellant Roberts testified that, by those indications, she thought that’s what you do when all the spaces are gone. Appellant Roberts testified that no one had told her what the parking rules were and that, if you don’t find a space, not to park there or you’ll get a ticket. CONCLUSIONS OF LAW 1. The Department of Administration has authority over rules for control of traffic and parking on state property with respect to, among other things: the place, method and time of parking, and nonparking areas. Arizona Revised Statutes (A.R.S.) §41-796. 2. In this matter, the Department bore the burden to prove the parking violation alleged and charged in Citation No. 12306. 3. The evidence of record in this matter shows that Appellant had parked in an area in Lot K at 1700 W. Washington which is not designated as a parking space at this location. 4. Based on the foregoing, Citation No. 12306 is upheld. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 12306 is upheld, with a fine in the amount of $20.00. 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 18, 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