ALJDEC - Licensing

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

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 20, 2024.

APPEARANCES: Appellant failed to appear. Keneth Hughes appeared on behalf of the Arizona Department of Public Safety.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

FINDINGS OF FACT

Complainant failed to appear at the hearing that had been scheduled in response to the appeal.

The Notice of Hearing was sent on November 14, 2024. It was returned to the Department as undeliverable. The Department also sent the notice of hearing by email on December 2, 2024.

On December 30, 2024, the Tribunal notified the parties that Appellant had until January 6, 2025, to contact the Tribunal and demonstrate good cause for failure to appear if she wanted to reschedule the hearing.

Appellant did not contact the Tribunal before January 6, 2025.

CONCLUSIONS OF LAW

Respondent was deemed to have received notice of the hearing by methods reasonably calculated to effect notice.

The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119.

Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed.

RECOMMENDED ORDER

IT IS ORDERED Complainant’s appeal is dismissed.

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

Done this day, December 30, 2024.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Ken Hunter,

Department of Public Safety - Student Transportation

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