ALJDEC decisions subject to certification as final

26A-102399-BUS · Department of Public Safety - Student Transportation · 2026-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Felicia Pauls

Certificate No. 67795

No. 26A-102399-BUS

ADMINISTRATIVE LAW

JUDGE DECISION

HEARING: April 16, 2026

APPEARANCES: Felicia Pauls appeared on behalf of herself. Assistant Attorney General Kenneth Hughes appeared on behalf of the Arizona Department of Public Safety - Student Transportation.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: Exhibits 1 and 2 submitted by the Arizona Department of Public Safety – Student Transportation.

FINDINGS OF FACT

On January 28, 2026, Felicia Pauls (Ms. Pauls or Appellant) submitted to a

post-accident drug screen and the results were positive for Marijuana. See Exhibits 1 and 2.

On February 6, 2026, the Department issued a Notice of Emergency

Summary Cancellation (February 6, 2026 Notice of Emergency Summary Cancellation) to Appellant. See Exhibit 2. The February 6, 2026 Notice of Emergency Summary Cancellation provided, in relevant part, as follows:

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Notice is hereby given that the Arizona Department of Public Safety Student Transportation Unit has cancelled your Arizona School Bus Driver Certificate #67795. This cancellation is effective immediately because the Department has concluded that protection of the public health, safety, or welfare requires emergency action.

The Department cancelled your school bus certification and has determined you may be eligible to reapply after 02/06/2027. 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:

The grounds for the cancellation are as follows:

SUMMARY: The Student Transportation Unit at the Department of Public Safety received notification from Washington Elementary School District you took a post-accident drug test on January 28,2026 and the results came back POSITIVE for Marijuana. 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.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), both published at the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, 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).

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[See Exhibit 2]

Appellant requested a state fair hearing regarding the February 6, 2026

Notice of Emergency Summary Cancellation.

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

evidentiary hearing.

On March 9, 2026, the Department issued a Notice of Hearing setting the

appeal for hearing on April 1, 2026. 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.

The hearing was continued to April 16, 2026.

At the hearing on April 16, 2026, Appellant testified on behalf of herself. The

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

At hearing, Appellant explained that she does not know how she tested

positive for marijuana. Appellant stated that she was confused and would not jeopardize her job.

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 testified 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. This is a single incident, so the second factor weighs in Ms. Pauls’ favor. As to the final factor, a failed drug test cannot be ‘corrected.’ On balance, the Department’s one-year cancellation of Mr. Pauls’ 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 test 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)(a), (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 February 6, 2026, 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 February 6, 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.

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001

-137160-45720000Done this day, May 6, 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

Felicia Pauls

[email redacted]

Kenneth Hughes, Esq.

[email redacted]

By: OAH Staff