ALJDEC

02-13274-CPP · Department of Administration - Capitol Police Parking · 2001-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 1, 2001

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

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Petitioner Lynn Wiletsky contests the issuance of Capitol Police citation 13274, issued for parking in a location not designated as a parking space. 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 upholding the citation. FINDINGS OF FACT 1. On June 20, 2001, at about 11:15 a.m., Capitol Police Security Aide Jared Bunn issued citation 13274 to Petitioner’s car in the Arizona Department of Education parking garage at 1535 W. Jefferson, in the capitol mall area of Phoenix. The citation was issued for “parking in a location not designated as a parking space” and imposed a penalty of $20.00. See A.A.C. R2-6-206(B)(3). Capitol Police Officer Jim Warner appeared for the Capitol Police and testified about the issuance of citations in general, but not about the facts underlying the issuance of this specific citation. 2. Petitioner testified that she parked along the side of a wall that was opposite a stairwell door. She parked there because she had patrolled the garage and found no available spaces. She thought that there was enough room for others to get around her car and that it was not an unsafe place to park. She testified that there were no “No Parking” signs at that location, but also that there were no parking space lines in the area where she parked. 3. The evidence clearly shows that Petitioner parked in an area that was not designated as a parking space. 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 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 “[l]ocation that is not designated as a parking space . . . .” A.A.C. R2-6-203(A)(3). 3. Petitioner argues that she should not be fined because she was not blocking traffic lanes and there are no signs saying that one cannot park in the “sides” or “corners” of the garage. These arguments are unpersuasive. Petitioner knowingly parked in an area that is not a parking space and it is likely that she was indeed blocking traffic lanes. The fact that there are no posted signs is of no consequence. Under the rules, one may park only in a space designated as a parking space. If it were otherwise, the parking situation at certain places in the capitol mall area would be dangerous and even more chaotic than it already is. Furthermore, a longstanding wisdom applies: “Ignorance of the law excuses no man; not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to confute him.” John Selden, Table Talk: Law, p. (1892 edition)(orig. ed. 1689). Thus, Petitioner violated the parking rules and the citation was justified.

. . .

ORDER IT IS ORDERED that citation 13274 is upheld for $20.00 and 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 5th day of October 2001.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Eric A. Bryant Administrative Law Judge

Original mailed this ___ day of October 2001, to:

J. Elliott Hibbs, Director Attn: Rod Simpson 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