ALJDEC

02-13245-CPP · Department of Administration - Capitol Police Parking · 2002-01-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 3, 2002 APPEARANCES: Appellant Betsy Rodilis appeared on her own behalf. Officer Jared Bunn appeared on behalf of the Capitol Police, Department of Administration. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ FINDINGS OF FACT Capitol Police Officer Jared Bunn (“Officer Bunn”) testified that on September 26, 2001, he issued a citation to the owner of a vehicle with license plate number 768GRM, for parking in a location not designated as a parking space, at 1400 West Washington in the north parking lot. Officer Bunn testified that the vehicle in question was parked in the alley outside of parking stall lines, and that the space in which the vehicle was parked was “blacked out” because of the need to create a thoroughfare for other vehicles to access the lot. Betsy Rodiles (“Appellant”) appeared at the hearing and testified that she was going to the museum to chaperone a field trip, however, the museum parking lot was closed due to construction. She further testified that she attempted to find an available parking space to no avail. Appellant testified that she chose to park in the most “reasonable space” not marked “no parking” that would allow access for other vehicles to maneuver through the parking lot. 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)(3) provides that a person shall not park a vehicle in a “location that is not designated as a parking space.” 6. A.A.C. R2-6-206(B)(3) provides for a $20.00 fine for parking in a location that is not designated as a parking space. 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 September 26, 2001, Appellant violated the State’s Parking and Traffic Rules as alleged in the Citation. 10. The Department has met its burden of proving by the weight of credible evidence that on September 26, 2001, Appellant violated the State’s Parking and Traffic Rules as alleged in the Citation due to Appellant having admitted to parking in a location that is not designated as a parking space. 11. The Administrative Law Judge concludes that the imposition of the $20.00 penalty is warranted in this case. ORDER IT IS ORDERED that on or before ten (10) days from the effective date of the Order entered in this matter, Appellant shall pay a fine of $20.00 in accordance with the payment procedure set forth on the bottom of the citation. 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, January 16, 2002.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of January, 2002, 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