ALJDEC

02-14226-CPP · Department of Administration - Capitol Police Parking · 2002-03-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 25, 2002

APPEARANCES: No one appeared on behalf of Petitioner; the State of Arizona, Department of Administration, Capitol Police was represented by Capitol Police Security Aide Diane Meshkowitz.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Petitioner John Orellana contests the issuance of Capitol Police citation 14226, issued for parking outside of parking stall lines. Petitioner failed to appear for the hearing. The Capitol Police representative submitted evidence in support of the citation that is uncontested because Petitioner failed to appear. 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 January 25, 2002, at about 10:33 a.m., Capitol Police Security Aide Diane Meshkowitz observed Petitioner’s SUV parked in “the K lot” at 1700 West Washington, in the capital mall area of Phoenix. The vehicle was parked in such a way that it was not fully between the parking space lines; it was substantially off-center. She issued citation 14226 for “parking outside of parking space lines” and imposed a penalty of $16.00. See A.A.C. R2-6-206(B)(11). 2. Petitioner did not appear and contest Meshkowitz’s testimony. Therefore, there is no evidence against the citation.

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 outside of the area designated as a parking space. A.A.C. R2-6-203(D). ORDER IT IS ORDERED that citation 14226 is upheld for $16.00. Petitioner shall pay the fine as prescribed in A.A.C. R2-6-207(C).

On standing motion of J. Elliott Hibbs, Director of the Az. Dept. of Administration, this is the final administrative decision, notwithstanding A.R.S. § 41-1092.08. 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 28th day of March 2002.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Original Decision and Order mailed, for distribution to Petitioner, this ___ day of March 2002, to:

J. Elliott Hibbs, Director Arizona Department of Administration-Capital 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