ALJDEC

02-15124-CPP · Department of Administration - Capitol Police Parking · 2002-03-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 6, 2002. APPEARANCES: Appellant failed to appear. 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 Nissan Pathfinder vehicle, Arizona License number 240-DFT, belonging to Appellant, that was “obviously” parked outside the white lines of the parking stall. 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. Here, the vehicle was so parked. 2. Appellant failed to appear and therefore presented no evidence. 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, the officer’s testimony demonstrates by a preponderance of the evidence that a violation occurred. 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 14, 2002

______________________________________ Gregory L. Hanchett Administrative Law Judge

/ / /

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

J. Elliott Hibbs 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