ALJDEC decisions subject to certification as final

26A-102401-BUS · Department of Public Safety - Student Transportation · 2026-05-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Hunter Awsum

Certificate No. 67129

No. 26A-102401-BUS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 8, 2026

APPEARANCES: Assistant Attorney General Kenneth Hughes appeared on behalf of the Arizona Department of Public Safety – Student Transportation. Hunter Awsum appeared on behalf of himself.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: The Department Exhibits 1 through 4. Hunter Awsum’s Exhibit A.

_____________________________________________________________________

FINDINGS OF FACT

1. At all times relevant to this matter, Hunter Aswum (Mr. Aswum) held Bus Driver Certificate No. 67795. See Exhibit 2.

2. On February 27, 2026, while operating a school bus, Mr. Aswum allowed students to exit the bus while the bus was in motion. See Exhibit 1.

3. On March 2, 2026, the Arizona Department of Public Safety – Student Transportation (Department) issued a Notice of Suspension (March 2, 2026 Notice of Suspension) to Appellant. See Exhibit 3. The March 2, 2026 Notice of Suspension provided, in relevant part, as follows:

..............................................

Notice is hereby given that the [Department] has determined your Arizona School Bus Driver Certificate numbered 67129 should be suspended.

This suspension will become effective on April 2, 2026, unless you submit a request in writing for a hearing before that date.

If a hearing is requested, your school bus driver certification will remain active during the appeal process. Once the Office of Administrative Hearing completes your appeal, action may then be taken against your school bus driver certification.

If a hearing is not requested by the date listed above, you may be eligible to reapply for your certification after July 2, 2026.

The grounds for the suspension or cancellation are as follows:

SUMMARY: The [Department] received notification from Agua Fria Union High School District regarding a safety violation that occurred on February 27, 2026. Video of the incident verified you failed to set the parking brake, allowing the bus to roll forward while students were exiting the bus. This is a violation of Arizona 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 suspension 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. R13-13-104.B.2– When a school bus driver stops the school bus to

load or unload passengers, the school bus driver shall set the parking brake and place the transmission in neutral.

..............................................

[See Exhibit 2.]

4. Mr. Aswum requested a state fair hearing regarding the March 2, 2026 Notice of Suspension.

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

evidentiary hearing.

6. On April 6, 2026, the Department issued a Notice of Hearing setting the

appeal for hearing on May 8, 2026. The Notice of Hearing provided that the issue to be determined at hearing was whether grounds existed to justify the Department’s suspension of Appellant’s school bus driver certificate.

7. A hearing was held on May 8, 2026.

8. At the hearing, Ms. Aswum testified on behalf of himself. The Department presented the testimony of Kimberly Thomas (Ms. Thomas), the Administrative Supervisor of the Department’s Student Transportation Unit.

9. At hearing, Ms. Aswum admitted that he did not set the parking brake.

At the time that the incident occurred, Ms. Aswum had been driving a bus for less than a year. Ms. Aswum testified to the effect that new bus drivers are constantly learning and focusing on “new things.” Ms. Aswum also stated that he did not complete his training although he requested to complete his training many times.

10. In support of his position, Ms. Aswum submitted into evidence Exhibit A which shows that Ms. Aswum received training in setting the parking brake after the alleged incident. However, on cross-examination, Ms. Aswum answered “no” when asked if he was alleging that he never received training.

11. Ms. Thomas stated at hearing that in October of 2025, Ms. Aswum caused an accident by hitting another bus after moving into reverse. As a result, the District required that Ms. Aswum take a “refresher” training. Ms. Thomas stated that Mr. Aswum completed new bus driver training in 2025. New bus drivers are required to complete 14 hours of classroom instruction including loading and unloading of students and behind-the-wheel driver operations.

12. Upon consideration of the evidence presented at hearing, the Administrative Law Judge finds that Mr. Aswum did not provide probative evidence that he lacked bus driver training such that it caused him to fail to set the parking brake.

13. In its prehearing memorandum, the Department contended, “When the Department suspends a certificate, it must determine the length of the suspension based upon: a) the seriousness of the offense leading to the suspension; 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; in this case, it supports a three-month suspension. The Department considers the violation serious, given the safety concerns. The second factor –“the frequency with which the offense occurred”— weighs in Mr. Aswum’s favor, since this matter involved a single incident. Finally, a safety violation cannot be corrected after the fact. Based on the foregoing, the Department’s suspension of

Mr. Aswum’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 suspend 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”, or fails to comply with Minimum Standards.

See A.A.C. R13-13-102 (K)(1)(A) and (d).

5. The Department may suspend a certificate of a school bus driver for who violates Minimum Standards by failing to set the parking brake and place the transmission in neutral, after stopping the bus to unload passengers. See A.A.C. R13-13-104(B)(2).

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

certificate is suspended 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 suspension; (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 Mr. Aswum did not set the parking break and allowed students to exit the bus while the bus was in motion.

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

grounds existed to suspend Mr. Aswum’s bus driver certificate license pursuant to A.A.C. R13-13-102 (K)(1)(a) and (d), and A.A.C. R13-13-104(B)(2).

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

Department’s decision was improper.

10. Therefore, the Department’s March 2, 2026 Notice of Suspension should be affirmed.

ORDER

IT IS ORDERED that the Department’s March 2, 2026 Notice of Suspension is affirmed.

IT IS FURTHER ORDERED that Hunter Aswum’s bus driver certificate should be suspended and Hunter Aswum can reapply for certification after July 2, 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

001

-137160-45720000Done this day, May 28, 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 Attorney General

[email redacted]

Hunter Awum

[email redacted]

By: OAH Staff