ALJDEC

01-18559-CPP · Department of Administration - Capitol Police Parking · 2001-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 6, 2001. APPEARANCES: Mike Russell, Appellant, and E. Nordby, Capitol Police Officer. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ Mike Russell has established that he was not given sufficient notice that his vehicle required a decal to use a Rideshare space. He did utilize the space as it was intended by using it when he had a passenger. Therefore, this citation will be dismissed. FINDINGS OF FACT 1. On November 16, 2000, Capitol Police Officer Nordby issued a parking citation to the vehicle of Mike Russell for unauthorized parking in a reserved parking space (a Rideshare space). Mr. Russell appealed the citation and both he and Officer Nordby appeared at hearing in the matter. 2. Officer Nordby testified that he gave the citation because the vehicle did not have the Rideshare decal required for using a Rideshare space. Mr. Russell testified that he was parked in that space but objects to the lack of notice given in the parking sign at the space. The sign simply said “Rideshare” rather than stating that a special decal was required to park there. Mr. Russell, who does not come into Phoenix often and is not familiar with the program, thought the sign meant that anyone who was carpooling could use the space. Since he had shared a ride, he thought it was allowable to park there. CONCLUSIONS OF LAW 1. The Arizona Department of Administration has the authority to “adopt and administratively enforce rules forthe 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.” A.R.S. §41-796. 2. Pursuant to A.A.C. R2-6-205(B), people who park their vehicles on state property must obey the posted parking signs. 3. Even when properly using a reserved space, people parking on state property must display a reserved parking decal (except for visitors using visitors’ spaces). A.A.C. R2-6-204(A). 4. In this case, the sign was not sufficiently informative to give an outsider notice that a special decal was required for using the space. Further, the Appellant was not given actual notice of the Rideshare program because he does not come in to the Phoenix area often. The Rideshare rules are set forth in administrative rules rather than statutes and are not presumed to be known by all citizens. Finally, consideration must be given to the fact that the spirit and intent of the Rideshare program is to encourage drivers to carpool when possible. Mr. Russell did have a passenger in his car and believed in good faith that he was obeying the posted parking sign. Therefore, this citation should be dismissed. ORDER Based upon the foregoing considerations, IT IS ORDERED that this appeal is sustained and this citation is dismissed. This decision is the final administrative decision, notwithstanding A.R.S. §41-1092.08 on standing motion of J. Elliott Hibbs, Director of the Department of Administration. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-207 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, February 9, 2001. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang 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