Ohio Administrative Code Title 5538 - State Parking Commission
Overview of Title 5538 — Ohio State Parking Commission
The Ohio State Parking Commission is the regulatory body overseeing the management, operation, and regulation of parking facilities on state property. Title 5538 of the Ohio Administrative Code contains the rules and procedures for the Commission’s activities, including issuing permits, managing violations, and establishing fees.
Key Areas Covered by Title 5538
1. Authority and Purpose
The Commission manages parking areas on state-owned or leased properties.
It issues permits for parking use and establishes rules to ensure orderly and fair use.
It enforces parking regulations to ensure compliance and efficient management.
2. Permit Issuance and Fees
Permits are issued for various categories: employee parking, visitor parking, reserved spaces, etc.
Fees are set for permits and parking violations, with different rates depending on location and duration.
Rules specify how permits are to be displayed and used.
3. Parking Violations and Enforcement
Violations include parking in unauthorized areas, expired permits, parking without a permit where required, and failure to comply with Commission rules.
The Commission may issue citations, fines, and penalties.
There are procedures for contesting citations, including hearings.
4. Hearings and Appeals
Individuals contesting citations have the right to request a hearing.
Hearings are conducted by the Commission or its designee.
Decisions may be appealed according to established procedures.
Detailed Explanation of Key Provisions with Case Law
A. Authority to Regulate Parking on State Property
The State Parking Commission derives its authority from Ohio Revised Code sections empowering state agencies to regulate parking on state property to ensure safety, order, and access.
Case: State ex rel. Smith v. Ohio State Parking Commission
Facts: Smith challenged a fine issued for parking in a reserved space without a permit on state property.
Outcome: The court upheld the Commission’s authority to regulate parking on state property and affirmed the fine.
Legal Principle: State entities have broad discretion to regulate parking on property under their control, including establishing permit requirements and issuing penalties for violations.
B. Permit Requirements and Fee Enforcement
The Commission sets fees for permits and penalties. Failure to purchase or display a valid permit results in citation.
Case: Johnson v. Ohio State Parking Commission
Facts: Johnson contested a parking citation on grounds that the fee structure was arbitrary.
Outcome: The court found the fee structure was reasonable and upheld the citation.
Legal Principle: Fees set by the Commission are presumed valid if reasonably related to administrative costs and parking management objectives.
C. Citation Contest and Due Process
Individuals cited for parking violations have the right to contest and request a hearing. The Commission must provide notice and a fair hearing process.
Case: Taylor v. Ohio State Parking Commission
Facts: Taylor argued that the Commission failed to provide an opportunity for a hearing before imposing penalties.
Outcome: The court ruled that due process requires notice and a meaningful opportunity to contest citations, and remanded for a hearing.
Legal Principle: Administrative bodies must follow procedural fairness in enforcement actions.
D. Enforcement and Penalties
The Commission can impose fines for violations and may withhold permits for repeated offenses or non-payment.
Case: Davis v. Ohio State Parking Commission
Facts: Davis’ parking privileges were suspended after multiple unpaid citations.
Outcome: The court upheld the suspension as within the Commission’s authority to enforce compliance.
Legal Principle: Enforcement mechanisms including suspension of privileges serve legitimate regulatory purposes.
Practical Implications
Users of state parking facilities must obtain and properly display valid permits.
Parking rules on state property are strictly enforced; violations may result in fines or loss of privileges.
The Commission provides a formal process for contesting citations with rights to hearings.
Courts generally defer to the Commission’s regulatory authority but require procedural fairness.
Constitutional and Legal Limits
The Commission’s rules must not be arbitrary or capricious.
Due process protections require notice and hearing opportunities before penalties are imposed.
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