ALJDEC

01-13187-CPP · Department of Administration - Capitol Police Parking · 2001-08-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 16, 2001

APPEARANCES: Petitioner appeared on her own behalf; the State of Arizona, Department of Administration, Capitol Police was represented by Capitol Police Security Aide Charlie Warner.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Petitioner Karlene Darby contests the issuance of Capitol Police citation 13187, issued for parking in a Rideshare space without a placard. The parties presented evidence and testimony at the hearing and, based upon the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Order finding an improperly displayed placard and reducing the penalty. FINDINGS OF FACT 1. On May 30, 2001, at about 11:20 a.m., Capitol Police Security Aide Charlie Warner issued citation 13187 at 1535 W. Jefferson, in the capital mall area of Phoenix. The citation was issued for “unauthorized parking in a reserved parking space” and imposed a penalty of $16.00. See A.A.C. R2-6-206(B)(6). Capitol Police Security Aide Charlie Warner appeared for the Capitol Police and testified about the issuance of the citation. 2. In her written request for hearing and in her testimony at the hearing, Petitioner explained that she has a Rideshare parking placard (1185) issued to her and that it normally hangs from the rearview mirror, but that she had forgotten to hang it up that day and it was lying in the console area of her car, near the radio. This tribunal finds her testimony to be credible. CONCLUSIONS OF LAW 1. This is a contested case as defined by A.R.S. § 41-1001(4). As such, the State bears the burden of showing, by a preponderance of the evidence, that Petitioner has violated traffic and parking rules. A.R.S. § 41-796(E); Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996). The State has partially met its burden. 2. The Arizona Department of Administration (ADOA) has promulgated rules governing traffic and parking on State property at Arizona Administrative Code (A.A.C.) R2-6-201 through -209. Those rules provide, in relevant part, that no one shall park in a “[r]eserved parking space without authorization, unless the person is a visitor using parking reserved for visitors. . . .” A.A.C. R2-6-203(A)(5). “Reserved parking” is parking set aside and marked for use by certain people, such as “physically disabled persons, travel reduction program participants [Rideshare], or visitors.” A.A.C. R2-6-201(9). In order to be authorized to park in a reserved space other than visitor parking, a person must display a reserved parking space decal, which is a “label, placard, sticker, or tag [that], when properly displayed, authorizes preferential parking privileges in state parking lots for the driver of a vehicle.” A.A.C. R2-6-204(A) and R2-6-201(2). To properly display decals other than a handicapped parking decal, a person must “display the decal from the rearview mirror, attach the decal to the left side of the windshield, or display the decal on the left side of the dashboard” and the person must “ensure that the decal is visible through the windshield so it can be read by someone standing outside the vehicle.” A.A.C. R2-6-204(C). In summary, these rules require a properly displayed decal in order to park in a designated reserved space. 3. This tribunal concludes that Petitioner’s placard was in the car, but was not properly displayed. Therefore, the appropriate penalty is stated in A.A.C. R2-6-206(B)(12), which sets a penalty of $10.00 for “improper display of a parking decal.”

ORDER IT IS ORDERED that citation 13187 is upheld but the penalty is reduced to $10.00 for improper display of the decal. Petitioner shall pay the fine as prescribed in A.A.C. R2-6-207(C).

This decision is the final administrative decision, notwithstanding A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Arizona Department of Administration. Petitioner has the right to request a rehearing at the Arizona Department of Administration as provided in A.A.C. R2-6-208 and A.R.S. § 41- 1092.09.

Done this 17th day of August 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of August 2001, to:

J. Elliott Hibbs, Director Attn: Wendy Hammon Arizona Department of Administration-Capitol Police Parking 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