ALJDEC decisions subject to certification as final
26A-102398-BUS · Department of Public Safety - Student Transportation · 2026-05-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Cancellation of the School Bus Driver Certificate of:
Anastasia Marie De Leon
Certificate No. 65577
No. 26A-102398-BUS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 22, 2026
APPEARANCES: Anastasia Marie De Leon appeared on behalf of herself. 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: Exhibits 1 through 5 submitted by the Department of Public Safety – Student Transportation.
_____________________________________________________________________
FINDINGS OF FACT
Anastasia Marie De Leon (Ms. De Leon) was the holder of Arizona School Bus Driver Certificate No. 65577 (Certificate) issued by the Department.
On January 28, 2026, the Department an incident report from a school bus inspector that he found OFF chemical bug spray on Ms. De Leon’s bus in an open pouch behind the driver’s seat. The inspector reported that he had found several chemicals on the buses a couple of months prior and warned the bus drivers about chemicals on the buses. At the time of the inspection, Ms. De Leon reported that she forgot that the OFF was on the bus. When the inspector asked her why she had the OFF on her bus, Ms. De Leon replied, “Have you seen the size of the Mosquitos around there.” The inspector did not recall Ms. Delon stating that the OFF belonged to a student.
3. On or about January 28, 2026, the Department notified Ms. DeLeon that
her Arizona School Bus Driver Certificate No. 65577 had been suspended or cancelled effective immediately and that she could reapply for certification after April 28, 2026. The Department that her certificate had been suspended because, “The Department of Public Safety received notification from Parker Unified School District regarding two safety violations that occurred within a 60-day period. The first violation occurred on December 11, 2025. During this incident, there was chemical spray found on the bus. The second violation occurred on January 28, 2026. During this inspection, OFF! Insect Repellent (Dangerous to children per the safety specifications) was found on the bus.” 4. The Department cancelled Appellant’s certificate because it found that she had violated Arizona Administrative Code (A.A.C.) R13-13-102.K.1.(a) and (d) and A.A.C. R13-13-108.B.
5. On March 9, 2026, the Department issued a Notice of Hearing
setting the matter for administrative hearing on April 22, 2026, at the Office of Administrative Hearings in Phoenix, Arizona.
6. At hearing, the Department presented the testimony of Kimberly Thomas, an employee of the Department. Appellant testified on her own behalf.
7. At hearing, Ms. De Leon stated that the OFF was left behind by a student. Ms. De Leon stated that she did not purchase the OFF. Ms. De Leon stated that she placed the OFF in the pouch after dropping off the children and ensuring that no one was asleep on the bus. Ms. De Leon stated that she pulled into the bus yard where the inspector was conducting his inspection. Ms. De Leon stated that she did not respond to the officer properly when he asked her why the OFF was on her bus. She stated that she became sarcastic and made a comment about the mosquitos.
8. I find Ms. De Leon’s testimony to be credible.
CONCLUSIONS OF LAW
The Department bears the burden of persuasion. A.R.S. § 41-1092.07(G)(2).
The standard of proof on all issues in this matter is that of a preponderance of the evidence. A.A.C. R2-19-119.
A preponderance of the evidence is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990).
A.A.C. R13-13-102 provides, in pertinent part, as follows:
K. Denial, cancellation, or suspension of certificate
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. 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
. . . .
Upon consideration of the evidence presented at hearing, the Administrative Law Judge concludes that the Department has filed to meet its burden to establish that Ms. De Leon endangered the personal safety of children because an inspector found OFF on Ms. De Leon’s bus. Ms. De Leon provided credible testimony that a student left OFF on her bus. Ms. De Leon found the OFF and placed it in her pouch before she has an opportunity to properly remove the OFF from her bus. Furthermore, there was no evidence that there were any children on the bus at the time that Ms. De Leon discovered the OFF.
6. Additionally, the cancellation notice provides that Ms. De Leon violated A.A.C. R13-13-108.B. However, the notice does not illustrate how the Department used the criteria under A.A.C. R13-13-108.B to conclude that a major or minor defect was present on the bus.
7. Consequently, Ms. De Leon’s appeal should be granted.
ORDER
IT IS ORDERED that Anastasia Marie De Leon’s appeal is granted.
IT IS FURTHER ORDERED that Anastasia Marie De Leon’s School Bus Driver Certificate No. 65577 be reinstated effective January 28, 2026.
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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000Done this day, May 12, 2026.
/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
Kenneth Hughes
Assistant Attorney General
Office of the Arizona Attorney General
[email redacted]
Anastasia Marie De Leon
[email redacted]
By: OAH Staff