ALJDEC

02-14240-CPP · Department of Administration - Capitol Police Parking · 2002-04-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15, 2002

APPEARANCES: Petitioner did not appear on his own behalf; the State of Arizona, Department of Administration, Capitol Police was represented by Capitol Police Security Aide Gerald Foley.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Petitioner David Madison has appealed the issuance of Capitol Police citation 14240, issued for unauthorized parking in a reserved parking space. The Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Order upholding the citation. FINDINGS OF FACT 1. On January 30, 2002, at about 1:44 p.m., Capitol Police Security Aide D. Meshkowitz issued a citation to Petitioner’s car for parking at 1688 W. Adams Street in Phoenix without an X permit. Citation 14240 imposes a fine of $16.00 for “unauthorized parking in a reserved parking space.” See, A.A.C. R2-6-206(B)(6). 2. Petitioner mailed the citation back to the Capitol Police along with a letter appealing the citation. 3. On February 25, 2002, the Capitol Police by certified mail sent Petitioner notice of the date, time, and place for the hearing. 4. At the time and place for the hearing, Capitol Police Security Aide Gerald Foley appeared. Petitioner did not appear. This tribunal waited 20 minutes past the noticed start time, but Petitioner failed to appear. CONCLUSIONS OF LAW 1. Arizona Revised Statutes (A.R.S.) § 41-796(E) provides that Capitol Police may issue “a notice to appear for an alleged violation . . . directing a person accused of violating a rule for control of vehicles on state property . . . to appear at a designated place to contest the allegation of violation or admit the violation and pay a penalty.” The statute also says that “[u]pon failure of a person served with a notice . . . to appear, the administrative law judge may proceed to determine whether a violation has occurred and, if so, the penalty to be imposed.” 2. Given that Petitioner requested the hearing, Petitioner’s failure to appear and present a case is deemed to be an admission by Petitioner of the validity of the citation. ORDER IT IS ORDERED that citation 14240 for $16.00 is upheld 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 the Director of the Az. Dept. 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 15th day of April 2002.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

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

J. Elliott Hibbs, Director Arizona 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