ALJDEC

00A-9705192-NUR · State Board of Nursing · 2000-07-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 20, 2000. APPEARANCES: The Applicant, Donald Owens, did not appear. The Arizona State Board of Nursing was represented by Assistant Attorney General Mona Peugh-Baskin. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of the Applicant or an attorney authorized to represent him. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. It is determined that Applicant received the Complainant and Notice of Hearing in this matter which had been sent to him by the Arizona State Board of Nursing via certified U.S. mail. At the outset of the hearing, Assistant Attorney General Mona Peugh-Baskin avowed on the record that the Arizona State Board of Nursing has possession of a return receipt signed by Applicant evidencing his receipt of the Complaint and Notice of Hearing. 2. This matter came on for hearing Applicant’s appeal of the denial of his application for a practical nurse license by the Arizona State Board of Nursing. 3. Applicant did not present any evidence at the hearing in support of his appeal of the license denial.

CONCLUSIONS OF LAW

1. A.R.S. § 41-1097.07(G) provides that the Applicant has the burden of proof at this hearing on the denial of his application for licensure. 2. Applicant, by his default in appearance at the hearing, failed to sustain his burden of proof in this appeal. 3. Applicant’s appeal should be dismissed. 4. The denial of Applicant’s application for a practical nurse license by the Arizona State Board of Medical Examiners should be upheld and affirmed.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Applicant’s appeal in this matter be dismissed, and that the denial of Applicant’s application for a practical nurse license by the Arizona State Board of Nursing should be upheld and affirmed.

Done this day, July 21, 2000.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Arizona State Board of Nursing Joey Ridenour, R.N., M.N. ATTN: Audrey Rath, R.N. 1651 West Morten, Suite 150 Phoenix, AZ 85020

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826