ALJDEC

01-12314-CPP · Department of Administration - Capitol Police Parking · 2001-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On April 6, 2001, a hearing was held regarding a parking citation issued to Mike Peri (the “Appellant”). Capitol Police Aide Elizabeth Dunning (“Dunning”) represented the Department of Administration, Capitol Police (the “Department”). The Appellant represented himself. Testimony and evidence were presented at the hearing in this matter. Based upon a 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 9:25 a.m. Ms. Dunning testified that the Appellant’s vehicle was parked in a parking space reserved for Rideshare Program participants. Ms. Dunning testified that she visually inspected the vehicle for a Rideshare Program parking decal or placard. Ms. Dunning testified that she did not observe such a decal or placard anywhere within the vehicle. Accordingly, Ms. Dunning issued Citation No. 12314 to the Appellant for unauthorized parking in a reserved parking space. This Citation included a $16.00 penalty.

2. The Appellant testified that January 24, 2001 was his second or third day of employment at the Arizona Department of Revenue. The Appellant testified that his supervisor told him that he could park anywhere in the Arizona Department of Revenue parking garage. The Appellant testified that he parked his automobile in an unmarked parking space. The Appellant testified that this unmarked parking space was located in

the middle of the RideShare Program section of parking spaces.

3. The Appellant testified that the RideShare Program signs were posted on each end of the RideShare Program section of parking spaces. The Appellant testified that he failed to see the posted RideShare Program signs because the signs were 25 feet from his unmarked parking space. The Appellant submitted a statement from his supervisor, Wanda Lindquist, supporting his testimony. Ms. Lindquist wrote that she discussed the RideShare Program restrictions with the Appellant. However, Ms. Lindquist wrote that she forgot to inform the Appellant that the RideShare Program signs were posted at the ends of the RideShare Program section.

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 reserved parking space without authorization…” A.A.C. R2-6-203(A)(5). The term “reserved parking space” means “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).

3. A “person . . . parking a vehicle on state property shall obey posted . . . parking signs.” A.A.C. R2-6-205(B). Unless “a person is a visitor using parking reserved for visitors, the person shall properly display a reserved parking space decal” when parked in a reserved parking space. A.A.C. R2-6-204(A).

4. 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 $16.00 penalty for unauthorized parking in a reserved parking space. A.A.C. R2-6-206(B)(6).

5. 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 A.A.C. R2-6-203(A)(5), A.A.C. R2-6-204(A) and A.A.C. R2-6-205(B).

ORDER IT IS ORDERED that Citation No. 12314 is proper and the Appellant shall pay the $16.00 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 11, 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