ALJDEC

02-13722-CPP · Department of Administration - Capitol Police Parking · 2002-03-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 14, 2002. APPEARANCES: The Petitioner/Appellant, Lewis Starks, appeared personally. The Arizona Capitol Police was represented by Security Aide Jarred Bunn. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Order are made:

FINDINGS OF FACT

1. Lewis Starks has contested the issuance of Capitol Police Citation Number 13722. 2. On January 15, 2002, Mr. Starks’ red Ford F150 pickup truck was issued Citation Number 13722 by Capitol Security Aide J. Miller for parking outside of the parking stall lines and failure to obey posted traffic or parking signs. The citation was issued at the State garage located at 1789 W. Jefferson, Phoenix, Arizona. 3. Security Aide J. Miller did not testify at the hearing. 4. Capitol Police’s representative at the hearing, Security Aide Jared Bunn, had no direct knowledge of the events surrounding the issuance of the subject citation. 5. Mr. Starks testified that he parked within the boundaries of the parking stall, which consisted of a solid wall on one side and a white stripe on the other side. 6. The evidence of record supports a finding that Mr. Starks did properly park within the parking stall boundaries on January 15, 2002, and did not disobey any posted traffic signs.

CONCLUSIONS OF LAW

1. A.R.S. § 41-796 grants the Arizona Department of Administration authority to “adopt and administratively enforce rules for the control of vehicles on state property.” 2. The State failed to sustain the required burden of proving the charges that formed the basis for Citation Number 13722 by a preponderance of reliable, substantial and probative evidence. 3. The evidence of record supports the dismissal of Citation Number 13722.

ORDER

In view of the foregoing, IT IS ORDERED that Citation Number 13722 be dismissed.

This Decision and Order of Administrative Law Judge is a final administrative decision, notwithstanding the provisions of A.R.S. § 41- 1092.08 in accordance with the standing motion of J. Elliott Hibbs, Director of the Arizona Department of Administration. Done this day, March 19, 2002

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, to:

Department of Administration - Capitol Police Parking J. Elliott Hibbs, Director Attn.: Sgt. Fred Christley 1700 W. Washington, Room B-15 Phoenix, Arizona 85007

Lewis Starks 12006 W. Holly Street Avondale, AZ 85323

By ___________________________

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