ALJDEC

01-12737-CPP-res · Department of Administration - Capitol Police Parking · 2001-09-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of | | No. 01-12737-CPP-res | |The Appeal of the Citation | | | |Issued to: | |DECISION AND ORDER | | | |OF ADMINISTRATIVE | |LILY QUINONES | |LAW JUDGE | | | | |

HEARING: September 19, 2001 APPEARANCES: Appellant failed to appear and the Arizona State Capitol Police appeared through police officer, Brian Neus. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Evidence of record established that on May 11, 2001, at approximately 1:57 p.m., police aide Warner, badge no. 871, observed Appellant’s motor vehicle at the location of 1748 W. Jefferson, a State of Arizona building, parked in a parking space specifically reserved and marked for handicap parking only. Apparently, Warner did not observe a handicap license plate on the vehicle or a handicap parking permit placard inside the vehicle. Therefore, Warner issued the citation at issue herein and placed same on Appellant’s windshield. This Citation carries a $50.00 fine.

2. By her failure to appear for the scheduled hearing, Appellant failed to present any matters in defense or mitigation.

3. Appellant is found to have violated the applicable charged section of the State’s rules and regulations regarding parking in a parking space, located on State property, which is reserved for handicap parking.

CONCLUSIONS OF LAW

1. A.R.S. § 41-796 grants the Arizona Department of Administration with 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 “designation of special parking areas for state employees and the general public.”

2. A.A.C. R2-6-201 (9) defines “reserved parking space” as “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.”

3. A.A.C. R2-6-203 (A) (5) provides, in pertinent part, “a person shall not park a vehicle in a reserved parking space without authorization….”

4. A.A.C. R2-6-204 (B) provides, in pertinent part, “to park in a parking space reserved for the physically disabled, a person shall obtain a removable windshield placard or special plates…and display the placard or plates….”

5. A.A.C. R2-6-205 (B) provides, in pertinent part, “a person…parking a vehicle on state property shall obey posted…parking signs.”

6. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of…R2-6-205…shall pay the monetary penalties prescribed in this section.” A.A.C. R2-6-206 (B) (5) provides for a $50.00 penalty for unauthorized parking in any parking space reserved for the physically disabled.

7. In light of the fact that Warner did not see a handicap plate or placard on the date and time that Appellant’s vehicle was observed to be parked in a parking space reserved for the handicapped, it is determined that Appellant was parking in said parking space without authorization, in violation of A.A.C. R2-6-203A (5) and R2-6-204B. Thus, pursuant to A.A.C. R2-6-206 (B) (5) Appellant was subject to a $50.00 monetary penalty.

8. The issuance of the citation in this matter was justified.

ORDER

IT IS HEREBY ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay the fine of $50.00, as provided in citation no. 12737. Notwithstanding the language contained in 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). In addition, the Appellant has the right to appeal this decision to the Superior Court, pursuant to A.R.S. § 41-1092.08 (H). Done this day, September 24, 2001

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of September, 2001, to:

J. Elliott Hibbs, Director Department of Administration-Capitol Police Parking ATTN: Rod Simpson 1700 W. Washington, Rm. 601 Phoenix, Arizona 85007

By ___________________________

-----------------------

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