ALJDEC

00A-9804232-NUR · State Board of Nursing · 2000-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 13, 2000 APPEARANCES: Assistant Attorney General M. Elizabeth Burns represented the Arizona State Board of Nursing. Applicant Karen L. Chavez failed to appear. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________ This matter came on for a regularly scheduled hearing on Tuesday, June 13, 2000 at 9:00 a.m. The Administrative Law Judge notes for the record that the start of the scheduled hearing was delayed for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Applicant Karen L. Chavez. Ms. Chavez failed to appear, and further failed to inform the Office of Administrative Hearings of any reason that would establish good cause for failing to appear. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order: FINDINGS OF FACT Applicant Karen L. Chavez appealed the Arizona State Board of Nursing’s (the “Board”) denial of her April 6, 1998 application for nursing assistant certification. On April 19, 2000, the Board issued a notice of hearing setting this matter for hearing on June 13, 2000 at 9:00 a.m. at the Office of Administrative Hearings in Phoenix, Arizona. The Department sent a copy of the notice of hearing to Ms. Chavez by certified mail. Ms. Chavez did not appear for the hearing, nor did she advise the Office of Administrative Hearings of any reason that would establish good cause for her failure to appear. CONCLUSIONS OF LAW The burden of proof was on Ms. Chavez to establish, by a preponderance of the evidence, that her application for nursing assistant certification was denied in error. By her failure to appear at the hearing, Ms. Chavez failed to sustain the required burden of proof. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Executive Director of the Arizona State Board of Nursing dismiss Ms. Chavez’s appeal.

Done this day, June 13, 2000.

______________________________________ Daniel G. Martin Administrative Law Judge

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

Joey Ridenour, R.N., M.N., Executive Director Arizona State Board of Nursing ATTN: Vicky Driver 1651 East Morten, Suite 150 Phoenix, AZ 85020

By ___________________________ -----------------------

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