ALJDEC

01-12596-CPP · Department of Administration - Capitol Police Parking · 2001-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 27, 2001 APPEARANCES: Appellant did not appear at the hearing; Sergeant Brian Neus appeared on behalf of the Capitol Police, Department of Administration ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT Sergeant Brian Neus (“Sergeant Neus”), a Capitol Police Sergeant, testified that on December 28, 2000, at 11:05 a.m., Citation Number 12596 was issued by Capitol Police Aide Nordby to the owner of a vehicle with an Arizona temporary license plate number V52489 for unauthorized parking in a reserved parking space for Rideshare at the parking garage located at 1600 West Monroe, Phoenix, Arizona. There was no evidence presented by Sergeant Neus that he had personal knowledge as to the factual circumstances surrounding the issuance of the above-mentioned Citation or of the alleged violation. Monica Olivas did not appear at the hearing. 4. Capitol Police Aide Nordby did not testify at the hearing of this matter. CONCLUSIONS OF LAW The Capitol Police, Department of Administration (“Department”) had the burden of proving a violation of the State’s Parking and Traffic Rules by Monica Olivas. Sergeant Neus, the only witness for the Department, did not establish that he had any knowledge as to whether such a violation occurred and his testimony only proved that Citation Number 12596 had been issued. A.R.S. §41-796 provides Police personnel with the authority to: issue a notice to appear of an alleged violation in the form adopted by the department [of administration] directing a person accused of violating a rule for control of vehicles on state property adopted pursuant to this section to appear at a designated place to contest the allegation of violation or to admit the violation and pay a penalty.” 4. A.R.S. §41-796(A) authorizes the Arizona Department of Administration (the “Department”) to “adopt and administratively enforce rules for the control of vehicles on state property” regarding, among other things, the “place, method and time of parking” and the “designation of special parking areas for state employees and the general public.” 5. The Department has promulgated rules governing traffic and parking (See Arizona Administrative Code R2-6-201 et seq.). 6. A.A.C. R2-6-206(B)(6) provides for a $16.00 penalty for unauthorized parking in any kind of reserved parking other than for the physically disabled. 7. Under A.R.S. §41-796 and the rules promulgated thereunder (A.A.C. R2-6- 201 et seq.), a citation contains an alleged violation of the State’s Parking and Traffic Rules and is not determinative as to whether such a violation occurred. 8. The Department failed to meet its burden of proving by the weight of credible evidence that on December 28, 2000, Monica Olivas violated the State’s Parking and Traffic Rules established under A.R.S. §41-796. ORDER Based on the above, IT IS ORDERED that no penalty be imposed against Monica Olivas. Notwithstanding A.R.S. §41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final administrative decision. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-208 and A.R.S. §41-1092.09(A). The Appellant has the right to appeal the action to the Superior Court, pursuant to A.R.S. §41-1092.08(H). Done this day, April 3, 2001.

________________________________ Lewis D. Kowal 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