ALJDEC

02-13273-CPP · Department of Administration - Capitol Police Parking · 2001-09-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 19, 2001 APPEARANCES: Appellant appeared on her own behalf and the Arizona State Capitol Police appeared through police aide, Jared Bunn (“Bunn”). 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 June 20, 2001, at 11:10 a.m., Bunn observed Appellant’s motor vehicle at the location of 1535 W. Jefferson, a State of Arizona building, parked in the parking garage alongside of a wall in an area that was not marked with lines or designated in any manner as a legitimate parking space. Therefore, Bunn issued the citation in question and placed same on Appellant’s windshield. This Citation carries a $20.00 fine. . . .

2. Appellant testified that although she agrees that there were no parking lines, to delineate the area wherein she parked as a legitimate parking space, there was no sign in said area indicating “no parking.” In addition, Appellant testified that her vehicle did not obstruct traffic while parked in said area of the parking garage.

3. Bunn testified that it is impractical to place “no parking” signs in all areas that are not marked with parking space lines.

4. Regardless of whether or not Appellant obstructed traffic in the parking garage, it is determined and held that Appellant violated the applicable charged section of the State’s rules and regulations regarding parking in a location not designated as a parking space located on State property and therefore, she shall be required to pay the assessed fine.

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. R2-6-203 (A) (3) provides, in pertinent part, “a person shall not park a vehicle in a location that is not designated as a parking space.”

3. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of…R2-6-203…shall pay the monetary penalties prescribed in this section. A.A.C. R2-6-206 (B) (3) provides for a $20.00 monetary penalty for unauthorized parking in location that is not designated as a parking space. Therefore, pursuant to A.A.C. R2- 6-206 (B) (3) Appellant was subject to a $20.00 monetary penalty based on the fact that there were no lines designating the area in which she parked as a legitimate parking space.

4. The citation issued 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 $20.00, as provided in citation no. 13273. Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliot 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 20, 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 _______________________________

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