ALJDEC

02-13195-CPP · Department of Administration - Capitol Police Parking · 2001-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 2001 APPEARANCES: Capitol Police Officer Warner appeared on behalf of the Capitol Police, Department of Administration; Sergio Arvayo failed to appear. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ FINDINGS OF FACT Capitol Police Officer Warner (“Officer Warner”) testified that on May 31, 2001, a citation was issued by Capitol Police Aide Hebets to the owner of a vehicle with license plate number NLY286, for parking in a loading zone at 1616 West Adams. There was no evidence presented by Officer Warner that he has personal knowledge as to the factual circumstances surrounding the issuance of the instant citation or of the alleged violation. There was no evidence presented to establish that at the time the citation was issued, Appellant parked in a loading zone. CONCLUSIONS OF LAW 1. A.R.S. §41-796 (E) provides Police personnel with the authority to: “issue a notice to appear for 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…” . 2. 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.” 3. The Department has promulgated rules governing traffic and parking (See Arizona Administrative Code R2-6-201 et seq.). 4. 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. 5. A.A.C. R2-6-203(A)(2) provides that a person shall not park a vehicle in a “loading zone, unless the person is making a pickup or delivery and the person’s vehicle has commercial plates or is state owned.” 6. A.A.C. R2-6-205(B) provides, in pertinent part, that “a person…parking a vehicle on state property shall obey posted traffic and parking signs.” 7. A.A.C. R2-6-207 provides for a hearing process available to individuals who wish to contest alleged parking violations contained in a citation issued by the Capitol Police. 8. The above-mentioned statutory and regulatory scheme provides the Administrative Law Judge with the authority to determine whether the Appellant has violated the State’s Parking and Traffic Rules. Impliedly, the Administrative Law Judge has discretionary authority to determine the amount of penalty to assess in the event that a violation of those rules has occurred as alleged in the Citation. 9. Capitol Police, Department of Administration, has the burden of proving that on May 31, 2001, Appellant violated the State’s Parking and Traffic Rules as alleged in the Citation. 10. Officer Warner, 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 the Citation was issued. 11. A.A.C. R2-6-206(B)(2) provides for a $20.00 fine for parking in a loading zone. 12. The Department failed to meet its burden of proving by the weight of credible evidence that on May 31, 2001, Appellant violated the State’s Parking and Traffic Rules as alleged in the Citation. ORDER Based on the above, IT IS ORDERED that no penalty be imposed against Appellant and the Citation be dismissed. Notwithstanding A.R.S. §41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department, this decision is the final administrative decision. The Appellant has the right to request a rehearing from the Department

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, October 17, 2001.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

J. Elliott Hibbs, Director Department of Administration Capitol Police Parking Attn.: Rod Simpson 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