ALJDEC

01-12462-CPP · Department of Administration - Capitol Police Parking · 2001-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 4, 2001 APPEARANCES: Shelley Hebets, Capitol Police Assistant, appeared on behalf of the Capitol Police No one appeared on behalf of the Appellant ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On February 13, 2001, the Appellant was issued a parking citation at 1624 West Adams in Phoenix Arizona, by Capitol Police Assistant, Shelley Hebets (Hebets), for unauthorized parking in a reserved parking space. Hebets testified the Appellant’s vehicle was parked in a space which required a parking permit but no placard or decal was displayed. The fine is $16.00. 2. The Appellant appealed the citation, and the matter was set for the instant hearing. The Appellant did not appear for the hearing and there is no known explanation for the non appearance. 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.R.S.§41-796 (D) allows the ALJ to determine violations and impose penalties even if a person fails to appear for hearing . A.A.C. R 2-6-206 (B)(6) assesses a $16.00 fine for unauthorized parking in a reserved parking space. 1. The Appellant failed to appear and did not present a defense for the violation asserted in the Citation. Therefore the violation is established. 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 $16.00 pursuant to A.A.C.R2-6-206(B)(6) and R2-6- 207(C). On standing motion of J. Elliot 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 4, 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