ALJDEC

02-14187-CPP · Department of Administration - Capitol Police Parking · 2002-05-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 12, 2001. APPEARANCES: Appellant Fred Lockhart appeared, representing himself. Capitol Police Aide Diane Meshkowitz appeared, representing the Arizona Department of Administration-Capitol Police. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ FINDINGS OF FACT 1. Fred Lockhart contested the issuance of Capitol Police Parking Citation No. 14187 (Citation). This Citation was issued alleging “Obstruction of a … [circled] driveway…”, and indicates a fine of $20.00. 2. Pursuant to a Notice of Hearing issued by the Arizona Department of Administration-Capitol Police, this matter came on for regularly scheduled hearing on April 12, 2001 at 9:30 a.m. 3. On January 24, 2002, Capitol Security Aide Jared Bunn issued Citation No. 14187, which indicated that the Land Rover vehicle with license plate “625FKW” had located at 1400 West Washington in the far north lot. 4. The ticket indicates that it was given at 11:23 a.m. 5. Capitol Aide Diane Meshkowitz appeared at the administrative hearing for testimony regarding the issuance of the ticket. Aide Meshkowitz testified that she had been riding along as the second person with Aide Bunn and had witnessed this vehicle parked in the area of the lot where parking space lines have been blacked out. 6. Aide Meshkowitz testified that this vehicle was parked in front of the in-bound driveway to the parking lot. 7. Appellant Lockhart testified that he was in the area for a 10:00 a.m. meeting that day with the private postsecondary education board, and had been circulating in the lot for approximately twenty minutes without finding a parking space. Appellant Lockhart testified that other vehicles were parked in that lane and that it was the last space in the lot, and he needed to get to the meeting. Appellant Lockhart believed that he was blocking only about twelve to eighteen inches of the entry area, and believed that he was over far enough to prevent problems with ingress or egress. CONCLUSIONS OF LAW 1. The Department of Administration has authority over rules for control of traffic and parking on state property with respect to, among other things: the place, method and time of parking, and nonparking areas. Arizona Revised Statutes (A.R.S.) §41-796. 2. In this matter, the Department bore the burden to prove the parking violation alleged and charged in Citation No. 14187. 3. The evidence of record in this matter shows that Appellant had, in fact, parked in the in-bound driveway lane at the lot north of 1400 West Washington. 4. Based on the foregoing, Citation No. 14187 is upheld. ORDER Based on the foregoing, IT IS HEREBY ORDERED that Citation No. 14187 is upheld, with a fine in the amount of $20.00. IT IS FURTHER ORDERED, notwithstanding the language contained in Arizona Revised Statutes (A.R.S.) §41-1092.08, based on a standing motion of J. Elliot Hibbs, Director of the Department of Administration, this decision is the final administrative decision. Any request for rehearing must be forwarded to the Department pursuant to Arizona Administrative Code (A.A.C.) R2-6-207 and A.R.S. §41- 1092.09(A). This decision may be appealed to the Superior Court, pursuant to A.R.S. §41-1092.08(H). ORDERED and DATED this day, May 2, 2002.

______________________________________ Kay A. Abramsohn Administrative Law Judge

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

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

By ___________________________ -----------------------

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