Pascal D. Forgione, Jr. Superintendent
Department of Public Instruction
June 5, 1995
Page 3

Third, you ask whether the Department of Public Instruction has the statutory authority to hold an administrative hearing based upon a complaint alleging a violation contractor or bus driver rules and regulations which are State Board of Education (the "Board") policy.4 Because we conclude that the Division of Motor Vehicles (the "Division") has the requisite jurisdiction over the licensure of a school bus driver endorsement, we do not need to answer the sub-questions listed in question number three.

First, although there is statutory authority in Title 21 authorizing suspension or revocation of a motor vehicle driver's license, such statutes do not apply to a CDL licensee with a school bus driver endorsement as authorized in 21 Del. C. § 2708. See, e.g. 21 Del. C. §§ 2732, 2733. It is also equally clear that in order to have a "properly endorsed and classified CDL license" with an S (school bus) endorsement, an applicant must qualify and meet all of the requirements of 21 Del. C.


4 The example you ask in question number three is as follows:

To wit: On several occasions issues a nature requiring administrative decisions have been routinely handled by our pupil transportation supervisor but no clear cut authority has ever been delineated.

Next Page Next Page