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