ALJDEC

02-13618-CPP · Department of Administration - Capitol Police Parking · 2002-01-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 3, 2002 APPEARANCES: Appellant Margaret Whelan appeared on her own behalf. Capitol Police 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 October 2, 2001, he issued a citation to the owner of a vehicle with license plate number 662DWM, for unauthorized parking in a reserved space reserved for Rideshare permit holders at 1831 West Jefferson. Officer Bunn testified he has personal knowledge as to the factual circumstances surrounding the issuance of the above-mentioned citation and of the alleged violation. He testified that Appellant was parked in a Rideshare space without a visible permit. Margaret Whelan (“Appellant”) appeared at the hearing and credibly testified that she had displayed her Rideshare placard, however, it had fallen from the rearview mirror to the dashboard. 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. R2-6-201(9) defines “reserved parking space” as “any parking space designated for a special purpose or a special class, such as physically disabled persons, travel reduction program participants, or visitors.” 6. A.A.C. R2-6-203(A)(5) provides that unless authorized, a person shall not park a vehicle in a reserved parking space. 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.” A.A.C. R2-6-206(B)(6) provides for a $16.00 fine for unauthorized parking in a reserved parking space other than a parking space reserved for the physically disabled. 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. 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. 11. Capitol Police, Department of Administration, has the burden of proving that on October 2, 2001, Appellant violated the State’s Parking and Traffic Rules as alleged in the Citation. 12. The Department has met its burden of proving by the weight of credible evidence that on October 2, 2001, Appellant violated the State’s Parking and Traffic Rules as alleged in the Citation. Due to Appellant having failed to properly display the required permit, Appellant was not authorized to park in a reserved space on the day the citation was issued.

13. The undersigned Administrative Law Judge concludes that the imposition of a monetary penalty is unwarranted in this instance because Appellant is the holder of a valid Rideshare permit, otherwise entitling her to park in a Rideshare designated parking space, and Appellant on a singular occasion did not properly display the Rideshare placard. However, Appellant is forewarned not to park in a Rideshare reserved parking space without proper display of the Rideshare placard.

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, 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