ALJDEC

00A-NOD26-ACC · Department of Public Safety - Adult Care Clearance · 2000-03-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 9, 2000; 9:25 A.M.; Phoenix, Arizona APPEARANCES: Appellant: No Appearance Arizona Department of Public Safety: Lisa C. Stelly, Esq., Assistant Attorney General ADMINISTRATIVE LAW JUDGE: George A. Schade, Jr.

This appeal is from a denial of registration to provide direct care, home health services or supportive services in a residential care institution, home health agency or nursing care institution, pursuant to Arizona Revised Statutes (“A.R.S.”) § 36-411. Administrative Law Judge (“ALJ”) George A. Schade, Jr. submits this Recommended Decision and Order to the Director of the Arizona Department of Public Safety. FINDINGS OF FACT[1] 1. Appellant Toni Stokes requested an administrative hearing. 2. On January 31, 2000, the Arizona Department of Public Safety issued a Notice of Hearing and Appointment of Administrative Law Judge, and sent a copy of the notice to Ms. Stokes’ last known address. 3. On March 2, 2000, ALJ Schade sent a letter to Ms. Stokes at the same address as contained in the Notice of Hearing and advising of the hearing date and time. The letter was not returned to the Office of Administrative Hearings as being undeliverable. 4. On March 9, 2000, a hearing was called. Ms. Stokes did not appear at the hearing. The start of the hearing was delayed twenty five minutes to give Ms. Stokes additional time to travel to the hearing, but she did not appear at the hearing. The records of the Office of Administrative Hearings do not show that Ms. Stokes or a representative acting on her behalf telephoned or wrote to the Office of Administrative Hearings regarding her appearance at the hearing. CONCLUSIONS OF LAW 1. Ms. Stokes was notified of the hearing. 2. Ms. Stokes has the burden of proof to show why she should be registered to provide direct care, home health services or supportive services in a residential care institution, home health agency or nursing care institution. A.R.S. § 41-1065. 3. Ms. Stokes has failed to present any evidence supporting her appeal. RECOMMENDED ORDER It is recommended that this appeal be dismissed. SUBMITTED this 9th day of March, 2000.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on March 9, 2000, for distribution to the parties, to:

Dennis A. Garrett Director Arizona Department of Public Safety 2102 West Encanto Phoenix, Arizona 85004

George A. Schade, Jr. ----------------------- [1] The ALJ took official notice of the documents necessary to prepare this procedural history

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