ALJDEC

01-12312-CPP · Department of Administration - Capitol Police Parking · 2001-04-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On April 6, 2001, a hearing was held regarding a parking citation issued to Gloria Apolinar (the “Appellant”). The Appellant appeared and represented herself. Capitol Police Aide Elizabeth Dunning (“Dunning”) appeared on behalf of the Department of Administration, Capitol Police (the “Department”). Testimony and evidence were presented at the hearing in this matter. Upon review of the record, the undersigned Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Decision and Order. FINDINGS OF FACT

1. Ms. Dunning testified that she observed the Appellant’s motor vehicle parked at the Arizona Department of Revenue parking garage on January 24, 2001, at 9:10 a.m. Ms. Dunning testified that the Appellant’s vehicle was illegally parked in a parking space reserved for the handicapped. Ms. Dunning testified that she observed no handicap placard or plates. Accordingly, Ms. Dunning issued Citation No. 12312 to the Appellant for unauthorized parking in a space reserved for the handicapped. This Citation included a $50.00 penalty.

2. The Appellant testified that she is authorized to park in a space reserved for the handicapped. However, the Appellant testified that she forgot to display her handicap placard in her automobile on January 24, 2001.

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 in a reserved parking space without proper authorization. A.A.C. R2-6-203(A)(5). A “reserved parking space” is “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.” A.A.C. R2-6-201(9). To park in a space reserved for the physically disabled, a person must obtain a removable windshield placard or special plates. A.A.C. R2-6-204(B). A person must display the placard or plates as prescribed by the rules of the Arizona Department of Transportation. Id.

3. 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 this burden. The undersigned Administrative Law Judge concludes that the Appellant has violated A.A.C. R2-6-204(B).

4. The Appellant was cited because she parked in “unauthorized parking in a space reserved for handicapped”. The Appellant is authorized to park in a space reserved for the handicapped. However, she simply forgot to properly display the placard in her automobile. Accordingly, under all of the facts and circumstances presented herein, the undersigned Administrative Law Judge concludes that the imposition of a $50.00 monetary penalty is unwarranted. The undersigned Administrative Law Judge concludes that a $10.00 penalty is proper. See A.A.C. R2-6-206(B)(12).

ORDER The Appellant is hereby formally admonished that she must exercise greater care in the future when parking in a space reserved for the physically disabled. IT IS ORDERED that Citation No. 12312 is proper and the Appellant shall have to pay a $10.00 penalty. 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 10, 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