ALJDEC

01-12397-CPP · Department of Administration - Capitol Police Parking · 2001-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 4, 2001 APPEARANCES: Dawn Nazary, in her own behalf Shelley Hebets, Capitol Police Assistant, on behalf of the Capitol Police ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On February 7, 2001, the Appellant was issued a parking citation by D. Arnson of the Capitol Police at 1700 West Washington for parking in a location not designated as a parking space and for parking outside of parking stall lines. 2. The Appellant, who works at the Executive Tower acknowledged she was unable to find a parking space anywhere in the vicinity of the capitol and had parked at the end of the parking rows in the parking lot to the west of the Executive Tower. The area is a driveway area and not designated for parking. 3. The Appellant testified that parking problems have become worse because other parking areas around the capitol which were available to state employees, are no longer available. 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 and (B)(11) assesses $16.00 for parking outside of parking space lines. 1. The Appellant argued that one of the counts should be dismissed because they essentially cite an offense for the same thing. If one is parked in a location that is not a parking space, one is, of necessity parked outside of parking space lines. The alleged violation of A.A.C. R2-6- 206(B)(11) is dismissed. 2. The Appellant also argued for dismissal of any remaining count because of the parking problems addressed in the findings of fact. 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 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 _______________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826