ALJDEC decisions subject to certification as final

07A-018-BUS · Department of Public Safety - Student Transportation · 2008-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 17, 2007

APPEARANCES: Brian Schneider, Assistant Attorney General representing the Department of Public Safety; Hassan Muhammad, Appellant; Vicki Barnett, Department witness

ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

On appeal from the denial of his Application for School Bus Driver's Certificate with the Department of Public Safety Student Transportation Office, the Appellant has failed to establish that the application was inappropriately denied. The Department is authorized to deny applications in which the applicant has a felony history or in which the applicant has lied on the application. Therefore, it is recommended that this appeal be denied. FINDINGS OF FACT 1. On September 26, 2007, the Appellant submitted an Application for School Bus Driver's Certificate to the Department of Public Safety Student Transportation Office (the "Department"). Exhibit 1. In response to the application, the Department obtained a copy of Appellant's FBI criminal history. Exhibit 2. Based on this, the Department issued a notice to Appellant on October 5, 2007, informing him that the application was denied. Exhibit 3.

2. Appellant appealed the decision and the Department issued a Notice of Hearing to the Appellant setting the matter for hearing at the Office of Administrative Hearings, an independent agency authorized to conduct hearings in matter arising out of state regulation. Although the notice was insufficient to give the Appellant fair notice as to the basis of the decision, the Appellant waived the issue and the hearing went forward on the merits. 3. At the hearing, the Appellant stated that he thought the reason his application was denied was an issue of character because of a conviction on his record for robbery. He argued that this was unfair, however, because he was not guilty of the crime and the arrest was 25 years ago. Further, he has accomplished many things since then, including becoming a general contractor and realtor. 4. Department witness Vicki Barnett testified that the application was denied based on an administrative rule that states that an application can be denied when the applicant has a felony history or when the applicant lies on the application. It is noted that the Appellant marked "no" to the question, "Have you been convicted of a felony?" on the application. Appellant's FBI criminal history indicates that he was convicted of robbery and served time in prison as well as serving a term of Probation. Additionally, the criminal history indicates that Appellant was also convicted of misdemeanors, but he checked "no" to the question, "Have you been convicted of a misdemeanor?" Since the questions were not limited to a particular time period, the Appellant's answers were lies. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Director of the Department of Public Safety pursuant to A.R.S. § 41-1063. 2. Pursuant to A.A.C. R17-9-102.K.1.b and d., an Application for School Bus Driver's Certificate may be denied if the applicant has a felony history or when the applicant has lied on the application. Although the Appellant's criminal history is many years old, he does have a felony conviction and he did lie about it and his misdemeanor history on the application. 3. The weight of the evidence at hearing has established that the Department appropriately denied the Appellant's application. Therefore, the appeal in this matter should be denied. RECOMMENDED DECISION Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends to the Director of the Department of Public Safety that this appeal be denied.

Done this day, January 2, 2008

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Department of Public Safety - Student Transportation Roger Vanderpool 2102 West Encanto Boulevard Phoenix, AZ 85009 ATTN: Sergeant Paul M. Forch

By __________________________ -----------------------

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