ALJDEC decisions subject to certification as final

26A-102302-BUS · Department of Public Safety - Student Transportation · 2026-03-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Randy Perez

Certificate No. 67405

Appellant.

No. 26A-102302-BUS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 20, 2026 at 3:00pm

APPEARANCES: Appellant Randy Perez appeared on his own behalf. Assistant Attorney General Kenneth Hughes represented the Arizona Department of Public Safety with witness Kimberly Thomas.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Department Exhibits 1 through 3. Arizona Department of Public Safety Notice of Hearing.

After review of the hearing record in this matter, the undersigned Administrative Law Judge makes the following Findings of Fact and Conclusions of Law, and issues this Recommended Order to the Deputy Director of the Arizona Department of Public Safety (“Department”).

FINDINGS OF FACT

The Student Transportation Unit (“Unit”) within the Department is responsible for overseeing School Bus Driver Certifications and training for the State of Arizona.

Randy Perez (“Appellant”) worked for the Vail Unified School District (“District”) located in Pima County, Arizona, as a school bus driver. On an unknown date, the Unit issued School Bus Certificate No. 37405 to Appellant.

On November 10, 2025, Appellant was involved in an accident while operating a school bus. As a result of this accident, a School Bus Accident/Incident Report was completed and the narrative stated the following:

Bus Driver [Appellant] was leaving the bus yard for an activity route. It was close to sunset at the time. He drove his bus onto Mary Ann Cleveland Way but was immediately struck by an eastbound sedan driven by a high school student. The collision happened less than 25 feet from the bus yard.

The damage to the bus was minimal, however the sedan had more serious damage to the front hood and bumper. [Appellant] was shaken up by the collision but was not injured. Because it was later in the evening, we were not able to take him to get a post-accident urine or alcohol test. He was instructed to return to the workplace in the early morning the following day for this. However, [Appellant] failed to do so and was given another opportunity to come give his urine sample in the afternoon. Again he failed to do this.

[Appellant] has not responded to any phone messages and has not returned to work since this accident. He is facing termination proceedings for failing to report to work and failing to submit to drug and alcohol testing following an accident.

On or about November 17, 2025, the District reported the accident to the Unit.

On November 18, 2025, the Department issued a Notice of Emergency Summary Cancellation (“Notice”) to Appellant regarding School Bus Certificate No. 67405. The Notice advised that Appellant’s certification was cancelled immediately because the Department has concluded that protection of the public health, safety, or welfare requires emergency action. The Summary stated the following in pertinent part, “[t]hat you were advised to be tested for a post-accident drug screen. You failed to submit to controlled substance testing. This is a violation of Minimum Standards.” In addition, the Notice stated that Appellant’s conduct violated 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 coworkers.

A.A.C. R13-13-102.C.1 – An applicant or school bus driver shall submit to alcohol and controlled substances testing as required by A.R.S. §28-3228(C)(2) and as prescribed by this Article and 49 CFR 382 October 2006 (no later amendments or editions). The testing shall be conducted in accordance with the procedures at 49 CFR 40 October 2006 (no later amendments or editions)...incorporated by reference and on file with the Department, except for the changes in 49 CFR 40 and 49 CFR 382 listed in subsections (C)(1)(a) through (C)(1)(i).

The Department informed Appellant that he may be eligible to reapply after November 18, 2026.

On November 26, 2025, Appellant submitted a hearing request to the Unit.

On December 3, 2025, the Department referred this matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on February 20, 2026 at 3:00pm.

Per the December 9, 2025, Notice of Hearing the issue to be determined is whether grounds exist to justify the Department’s appealable agency action; specifically, the cancellation of Appellant’s school bus driver certificate for alleged violation(s) of Ariz. Admin. Code R13-13-102(K) or R13-13-104.

Hearing Evidence

Appellant agreed that he was not at fault for the accident and that due to his sister’s battle with cancer, he was unable to participate in a drug screen. Appellant testified that he was “not trying to dodge it,” but did not want to miss being with his sister during this critical time. Appellant argued that he never had a serious accident and had been in transportation for over 20 years. Appellant provided that his sister passed away on December 10, 2025, and after her death, he went to the District to see if he could get his job back.

Kimberly Thomas, Administrative Supervisor, testified on behalf of the Department and provided that Appellant was given three dates (November 11, 18, and 19, 2025) to submit to a drug screen. Ms. Thomas testified that after the missed screen on November 19, 2025, the District terminated his employment. Ms. Thomas acknowledged that the District appeared to be aware of Appellant spending time with his sister during her illness. However, due to the license compliance issues, at fault accident or not, the alcohol/drug screen needed to be taken within a certain time period after the accident. Ms. Thomas argued that its burden of proof had been satisfied as the record established grounds for the Department to impose discipline against Appellant’s school bus driver certification for his failure(s) to meet requisite minimum standards. The Department further argued that it had fully taken into consideration all relevant facts, including Appellant’s driving record, when deciding to cancel School Bus Certificate No. 67405. As such, the Department asked that the Tribunal affirm its decision requiring Appellant to wait a year before reapplying for certification.

CONCLUSIONS OF LAW

The Department has jurisdiction over this matter pursuant to Arizona Revised Statutes (“Ariz. Rev. Stat.”) §§ 28-3228 and 28-3053, and Ariz. Admin. Code R13-13-101 to R13-13-112. The matter was properly brought before OAH pursuant to Ariz. Rev. Stat. §§ 41-1092 et seq.

In consultation with the Student Transportation Advisory Council, the Department has adopted rules to promote the safety and welfare of school bus passengers, commonly referred to as the Minimum Standards. School bus drivers must possess a certificate from the Department before they may operate a bus transporting schoolchildren.

The Department bears the burden of proof to establish discipline against Appellant’s bus driver’s certificate by a preponderance of the evidence.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” A preponderance of the evidence is “[t]he greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

Ariz. Admin. Code R13-13-102(C)(1) provides, in pertinent part:

An applicant or school bus driver shall submit to alcohol and controlled substances testing as required by Ariz. Rev. Stat. § 28-3228(C)(2) and as prescribed by this Article and 49 CFR 382, October 2006...[and following an accident].

Ariz. Rev. Stat. § 28-3228(C)(2) provides, in pertinent parts, as follows:

C. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules that establish minimum standards for the certification of school bus drivers and drivers of other vehicles described in section 15-925. In cooperation with local school districts and charter schools, the department of public safety shall provide for school transportation safety and training courses. The standards established shall:

* * *

2. Require tests to detect the presence of alcohol or the use of a drug in violation of title 13, chapter 32 that may adversely affect the ability of the applicant to safely operate a school bus or vehicle described in section 15-925.

Ariz. Admin. Code R13-13-102(K) provides, in pertinent parts, that 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 drive for:

a. Failing to meet or comply with the requirements of this Article;

* * *

d. Demonstrating behavior that endangers the educational welfare or personal safety of students, teachers, or school bus drivers or other co-workers.

Ariz. Admin. Code R13-13-102(K)(4) provides as follows:

The Department shall inform an applicant who is denied a certificate or a school bus driver whose certificate is canceled or suspended of the amount of time that must elapse before the applicant or the school bus driver may reapply for certification. The Department shall include this information in the notice of denial, cancellation, or suspension and the notice of final order, if any, served on the applicant or school bus driver. In determining the amount of time that must elapse before reapplication, the Department shall consider:

a. The seriousness of the offense leading to denial, cancellation, or suspension;

b. The frequency with which the offense occurred; and

c. The amount of time required to correct the offense.

The credible and relevant evidence of record established that Appellant failed to submit for an alcohol/drug screen after the accident. The timing, in this matter, was unfortunate because Appellant’s sister died shortly after the accident. Also, Appellant credibly testified that he did not have any prior accidents and he was not at fault in this accident.

In this case, the Department met its burden and established that Appellant violated Ariz. Admin. Code R13-13-102(K)(1), R13-13-102(K)(1)(a), and R13-13-102(C)(1). However, the Department has not met its burden that Appellant violated Ariz. Admin. Code R13-13-102(K)(1)(d).

The record has established that the Department acted in compliance with Ariz. Admin. Code R13-13-102(K)(4).

However, there was evidence in the record which tends to suggest that the Department’s 1-year reapplication waiting period was unreasonable for the reasons mentioned above. As such, this Tribunal recommends that a six-month cancellation is more appropriate and Appellant may reapply for school bus driver certification on or after May 18, 2026, if he meets and complies with the requirements for the issuance of a school bus driver certificate, pursuant to Ariz. Admin. Code R13-13-101 through Ariz. Admin. Code R13-13-112.

RECOMMENDED ORDER

Based upon the foregoing,

IT IS RECOMMENDED that the Department’s November 18, 2025, Notice regarding the cancellation of School Bus Certificate No. 65368 be affirmed in part and reversed in part.

IT IS FURTHER RECOMMENDED that the Department grant Appellant’s appeal, in part, to a change of the one-year suspension to a six-month suspension.

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, March 12, 2026.

/s/ Nicole Robinson

Administrative Law Judge

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

Jeffrey D. Glover, Colonel

Department of Public Safety - Student Transportation

2102 West Encanto Boulevard

Phoenix, AZ 85009

[email redacted]

Arizona Department of Public Safety

2222 W. Encanto Blvd.

Phoenix, AZ 85009

[email redacted]

Randy Perez

6878 S Camino De La Humanidad

Tucson, AZ 85756

[email redacted]

By: OAH Staff