ALJDEC

01-12347-CPP · Department of Administration - Capitol Police Parking · 2001-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 4, 2001 APPEARANCES: Angie Utterback appeared in her own behalf Shelley Hebets, Capitol Police Assistant, appeared on behalf of the Capitol Police ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On February 1, 2001, the Appellant was issued a parking citation at 1700 West Washington by Dawn Hebets, Capitol Police Assistant, for parking in a location not designated as a parking space. 2. The Appellant, who works at 1700 West Washington, acknowledged she was unable to find a parking space anywhere in the vicinity of the capitol and had parked in an area of the parking lot west of the Executive Tower, which area is not designated for parking. 3. The Appellant testified that because of earlier appointments, she does not get to 1700 west Washington until 9:30 a.m. and has to spend up to 15 minutes trying to find a lawful space. Based on the evidence, parking problems at 1700 West Washington have become worse over time and the situation is exacerbated during the legislative session. . . . . . . Conclusions of Law A.R.S. § 41-796 provides in pertinent part that the Department of Administration may adopt rules for the control of vehicles on state property and for the collection of monetary penalties for violation of those rules. A.A.C. R 2-6-206 (B)(3) assesses a $20.00 fine for parking in a location that is not a parking space. 1. The Appellant did not contest the facts of the case. However she believes the parking situation is such that she is placed in an untenable position of spending excessive time looking for an approved parking space or facing a parking violation. The Administrative Law Judge (ALJ) is familiar with the referenced parking problems but has no authority to alter the meaning of the rule because of parking congestion and the difficulty in finding a lawful parking space. The violation of A.A.C. R2- 6-206(B)(3) is sustained. Order In view of the foregoing, It Is Hereby Ordered that, on or before 10 days from the effective date of the Order entered in this matter, the Appellant shall pay $20.00 pursuant to A.A.C.R2-6-206(B)(3) and R2-6- 207(C). On standing motion of J. Elliott 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. The Appellant has the right to request a rehearing from the Department of Administration under A.A.C. R2-6-208 and A.R.S. §41-1092.09 (A). The Appellant also has the right to appeal this decision to Superior Court under A.R.S. §41-1092.08 (H).

Done this day, April 6, 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