ALJDEC

02-15121-CPP · Department of Administration - Capitol Police Parking · 2002-03-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 6, 2002. APPEARANCES: Ms. Linda Strock represented herself. The agency was represented by Capitol Police Officer S. Tippets. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ FINDINGS OF FACT 1. Officer S. Tippets testified that on December 19, 2001, he was patrolling the state owned parking garage located at 1789 West Jefferson. While there, he observed a silver colored Chevrolet Blazer belonging to Appellant, which was partially parked outside the white parking stall lines. The officer testified that he recognizes that the parking stalls are not that big in the parking garage. Accordingly, he does not issue a citation to a vehicle unless it is parked in such a manner that it might inhibit the movement of another vehicle. 2. Appellant testified did not dispute that she was partially parked outside the parking stall lines. She argued, however, that she did so in order to make access for an adjacent stall easier. CONCLUSIONS OF LAW 1. A.R.S. § 41-796 grants the Arizona Department of Administration the authority to “adopt and administratively enforce rules for the control of vehicles on state property,” including, but not limited to, the “place, method, and time of parking . . .” 2. A.A.C. R2-6-201 (9) defines “parking space” as “an area that the Department outlines with painted white lines, designating a place for parking a vehicle.” 3. A.A.C. R2-6-203 (D) provides that “[a] person shall not park outside of the area designated by painted white lines when using a parking space.” 4. A.A.C. R2-6-206 (A) provides, in pertinent part, “the registered owner of a vehicle involved in a violation of…R2-6-203, R2-6-204, or R2-6- 205…shall pay the monetary penalties prescribed in this section. A.A.C. R2- 6-206 (B) (11) provides for a $16.00 penalty for parking outside the white lines of a parking space. 5. Here, Appellant candidly admits that she parked outside the white lines of the parking space. She indicates, however, that she was forced to do so in order to assure that any vehicle that might park in the adjacent parking stall would not hit her car. While the undersigned sympathizes with the parking predicaments created with large vehicles and too little parking space, such a problem does not bestow upon Appellant the right to violate parking regulations on state grounds. The applicable regulation requires that vehicles park within the lines of a parking space. If Appellant does not feel she cannot do so safely, then she must find a different stall within which to park. The undersigned therefore concludes that by a preponderance of the evidence that the Department has proven that Appellant violated A.A.C. R2-6-203 (11). ORDER Based upon the foregoing, it is ordered that, in conformity with A.C.C. R2-6-207 (C), Appellant shall within ten days of the effective date of the Order entered in this matter pay $16.00 pursuant to A.A.C. R2-6- 206(D). Notwithstanding the language contained in A.R.S. § 41-1092.08, on standing motion of J. Elliott Hibbs, Director of the Department of Administration, this decision is the final agency decision. The Appellant has the right to request a rehearing from the Department of Administration within thirty (30) days after service of the final administrative decision in conformity with A.A.C. R2-6-207 and A.R.S. § 42-1092.09(A). The Appellant also has the right to appeal this decision to Superior Court as prescribed by A.R.S. § 41-1092.08. Done this day, March 19, 2002

______________________________________ Gregory L. Hanchett Administrative Law Judge

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

Department of Administration - Capitol Police Parking J. Elliott Hibbs 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