ALJDEC

02-14419-CPP · Department of Administration - Capitol Police Parking · 2002-05-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 7, 2002 APPEARANCES: No one appeared on behalf of the Appellant Mario Trevizo, Capitol Police Assistant, appeared on behalf of the Capitol Police ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On February 4, 2002, Capitol Police Assistant, Jared Bunn (Bunn), issued a parking Citation to the Appellant for failure to obey a traffic sign in the parking lot at 1700 West Washington. 2. The Appellant had parked in a visitor parking space which was limited to two hours. The Appellant’s car tires were marked at 11:00 a.m. and the car was observed in the same place at 2:31 p.m. 3. According to the Appellant’s Answer to the Citation, she was in a mandatory all day training session as well as being 8 ½ months pregnant at the time. Conclusions of Law The Citation alleges a violation of A.A.C. R2-6-206(B)(14), failure to obey a posted traffic or parking sign. A violation carries a $16.00 fine. 1. The evidence establishes a violation of the cited rule. 2. The Appellant’s explanation is not a defense but is considered in mitigation. Order In view of the foregoing it is Ordered that a penalty of $16.00 is assessed for the above violation. It Is Further Ordered that $8.00 of the penalty is Suspended. It Is Further Ordered that the Appellant pay the remaining penalty of $8.00 within 10 days of the effective date of this Order as required by A.A.C. R2-6-207(C). On standing motion of J. Elliott Hibbs, the Director of the Department of Administration, this decision is the final agency decision, notwithstanding the language contained in A.R.S. §41-1092.08. The Appellant has the right to request a rehearing from the Department of Administration pursuant to A.A.C. R2-6-208 and A.R.S. §41- 1092.09(A). In addition, the Appellant has the right to appeal the decision to the Superior Court, pursuant to A.R.S. §41-1092.08(H).

Done this day, May 23, 2002

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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 ___________________________

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