ALJDEC decisions subject to certification as final

26A-102219-BUS · Department of Public Safety - Student Transportation · 2025-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Thomas Rafferty

Appellant.

No. 26A-102219-BUS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 11, 2025

APPEARANCES: Thomas Rafferty (Appellant) appeared on behalf of himself. Assistant Attorney General Kenneth Hughes appeared on behalf of the Department of Public Safety - Student Transportation

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: Appellant’s Exhibit A. Department’s Exhibits 1 and 2.

_____________________________________________________________________

FINDINGS OF FACT

On September 19, 2025, Appellant submitted to a post-accident drug

screen and the results were positive for Amphetamines.

On September 23, 2025, the Department issued a Notice of Emergency

Summary Cancellation (September 23, 2025 Notice of Emergency Summary Cancellation) to Appellant. The September 23, 2025 Notice of Emergency Summary Cancellation provided, in relevant part, as follows:

The Department cancelled your school bus certification and has determined you may be eligible to reapply after 09/23/2027. A hearing before the Office of Administrative Hearings will be promptly instituted on your behalf so that you may challenge the cancellation. You will receive a separate written notice of that hearing. If you do not wish to challenge the cancellation of your school bus driver certification, send a written request to the Student Transportation Unit at

[email redacted]. The grounds for the cancellation are as follows:

SUMMARY: The Student Transportation Unit at the Department of Public Safety received notification from Glendale Union High School District you submitted to a post-accident drug screen on September 19, 2025, and the results were POSITIVE for Amphetamines. This is a violation of Minimum Standards.

The conduct listed above violates the following provisions of the Minimum Standards:

• A.A.C. R13-13-102.K.1. – Based on an assessment of the totality of the

circumstances, the Department may deny a certificate to an applicant or may cancel or suspend a certificate of a school bus driver for:

• A.A.C. R13-13-102.K.1.(a) - Failing to meet or comply with the requirements of this Article:

• A.A.C. R13-13-102.K.1.(d) - Demonstrating behavior that endangers the

educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers.

• A.A.C. R13-13-102.K.1(h) – Having a verified positive result to any controlled substance or alcohol test required by subsections (C)(1), (2), or (3), at any time.

Appellant requested a state fair hearing regarding the September 23,

2025 Notice of Emergency Summary Cancellation.

The matter was referred to the Office of Administrative Hearings for an

evidentiary hearing.

On October 7, 2025, the Department issued a Notice of Hearing setting the

appeal for hearing on November 11, 2025. The Notice of Hearing provided that the issue to be determined at hearing was whether grounds existed to justify the Department’s cancellation of Appellant’s school bus driver certificate.

At hearing, Appellant testified on behalf of himself. The Department

presented the testimony of Kimberly Thomas, the Administrative Supervisor of the Department’s Student Transportation Unit.

Appellant explained that he was surprised when he learned of the positive

drug screen. Appellant stated that he believes that when he was preparing medication for himself and his minor child, he accidentally confused his child’s Adderall with his blood pressure pill: the two pills are tiny and close in size. Appellant testified to the effect that in over 18 years, he has never failed a drug screen. Appellant stated that he took the pill the day before the drug screen.

Ms. Thomas explained that the State of Arizona has minimum standards to

ensure that school bus drivers are safe and are able to perform the duties and responsibilities of a school bus driver. Ms. Thomas to the effect that a school bus driver who is impaired poses a danger to the safety and welfare of children.

In its prehearing memorandum, the Department contended, “When the

Department cancels a certificate, it must determine the length of the cancellation based upon: a) the seriousness of the offense leading to the cancellation; b) the frequency with which the offense occurred; and c) the amount of time required to correct the offense. Id. R13-13-102(K)(5). The first factor – the “seriousness of the offense”— is the most important factor and weighs heavily in favor of the imposed cancellation period. The Department considers this incident very serious, given the obvious safety concerns and the fact that Mr. Rafferty tested positive for drug use following an accident. This incident concerns a single failed drug test, so the second factor weighs in his favor. As to the final factor, a failed drug test cannot be ‘corrected.’ On balance, the Department’s two-year cancellation of Mr. Rafferty’s certificate was justified.” See the Department’s Pre-Hearing Memorandum at 2.

CONCLUSIONS OF LAW

1. The Department bears the burden of persuasion. A.R.S. § 41-

1092.07(G)(2).

2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Arizona Administrative Code (A.A.C.) R2-19-119.

3. “A preponderance of the evidence means ‘proof which leads the [trier of fact] to find that the existence of the contested fact is more probable than its nonexistence.’ In re William L., 211 Ariz. 236, 238 (App. 2005) (quoting Matter of Appeal in Maricopa Juv. Action No. J-84984. 138 Ariz. 282, 283 (1983)).

4. The Department may cancel a certificate of a school bus driver who, “endangers the educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers.” A.A.C. R13-13-102 (K)(1)(d).

5. The Department may cancel a certificate of a school bus driver for

“[h]aving a verified positive result to any controlled substance or alcohol test required by subsections (C)(1), (2), or (3), at any time.” A.A.C. R13-13-102 (K)(1)(h).

6. The Department is required to inform a school bus driver whose

certificate is cancelled of the amount of time that must elapse before that driver may reapply for certification. In determining the amount of time that must elapse before reapplication, the Department shall consider: (a) the seriousness of the offense leading to the cancellation; (b) the frequency with which the offense occurred; and (c) the amount of time required to correct the offense. See A.A.C. R13-13-102K.5.

7. It is undisputed that Appellant has a verified positive result to a controlled

substance.

8. The Department established by a preponderance of the evidence that

grounds exist to cancel Appellant’s license pursuant to A.A.C. R13-13-102 (K)(1)(d) and A.A.C. R13-13-102 (K)(1)(h).

9. Appellant did not provide any legal authority to establish that the

Department’s decision was improper.

10. Therefore, the Department’s cancellation notice should be affirmed.

ORDER

IT IS ORDERED that the Department’s September 23, 2025, Notice of Emergency Summary Cancellation is affirmed.

IT IS FURTHER ORDERED that Appellant’s certificate should be cancelled, and Appellant can reapply for certification after September 23, 2027.

Done this day, December 10, 2025.

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.

-54864001

001

-137160-45720000Done this day, December 10, 2025.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Jeffrey D. Glover, Colonel

Department of Public Safety - Student Transportation

By: OAH Staff