Minute Entry - FYI Advisement to Parties

24A-101751-BUS · Department of Public Safety - Student Transportation · 2024-12-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Cancellation of the School Bus Driver Certificate of:

Limarie Rodriguez Cruz Certificate No. 65948,

Appellant.

No. 24A-101751-BUS

Minute Entry

Notice must be provided at least thirty days before a hearing. See A.R.S. § 41-1092.05(D). In this matter, actual notice was achieved but not until approximately 18 days before the hearing.

On or about November 14, 2024, the Arizona Department of Public Safety (the Department) issued a Notice of Hearing, setting the hearing in the above-entitled matter for December 20, 2024. The notice was returned as undeliverable.

On December 2, 2024, the Department provided the Notice of Hearing by email to the Tribunal and the Appellant. The Tribunal issued an Order for Virtual Appearance on November 29, 2024.

Appellant acknowledged actual receipt of documents to the Department.

The hearing was held on December 20, 2024, and Appellant failed to appear. Appellant did not contact the Tribunal regarding an issue or requesting a continuance. At the time set for hearing, the Department informed the Tribunal about the potential notice defect. The Tribunal determined that because Appellant had actual notice of the hearing, she should be provided additional time to request a continuance (reschedule the hearing) and demonstrate good cause for failing to either request a continuance or appear.

Appellant has until January 6, 2025, to contact the Tribunal and demonstrate good cause if she wants to request a rescheduled hearing.

Done this day, December 30, 2024.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile December 30, 2024 to:

Ken Hunter

Department of Public Safety - Student Transportation

2102 West Encanto Boulevard

Phoenix, AZ 85009

Frank L. Milstead

Department of Public Safety

2102 West Encanto Boulevard

Phoenix, AZ 85009

ATTN: Lieutenant Michael Lockhart

Kenneth Hughes

Office of the Attorney General

[email redacted]

Limarie Rodriguez Cruz

[email redacted]

By: OAH Staff