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Decision Number
439
Book
28
Month
December
Year
2018
In RE
Bus Driver Authorization
Appellant
R.A.
Appellee
C.S.
Summary

Chris Specht, Director of Risk Management for Avera Health, after receiving a report from an employee health care provider regarding Rosalee Anderson, filed a complaint regarding Ms. Anderson's ability to operate a school bus.

Ms. Anderson has been subject to random drug screens which were negative for any substances including Xanax.West Lyon Superintendent reports being satisfied with Ms. Anderson's performance and a desire for her to continue to operate a bus for the district.

Under Iowa Code section 321.376(a), "The Department of Education shall revoke . . . an authorization to operate a school bus to any person who, after notice and opportunity for a hearing, is determined to have committed any of the acts proscribed under section 321.375, subsection 2" including "d. the commission of . . . a public offense as defined by Iowa criminal code, if the offense is relevant to and affects driving ability . . ."

finds no evidence that Ms. Anderson has taken Xanax recently or while driving a school bus.

Therefore, ALJ cannot conclude that Ms. Anderson committed a public offense while holding her CDL or authorization to drive a school bus. ALJ concludes that revocation is not appropriate.