ALJDEC

01A-0002050-NUR · State Board of Nursing · 2001-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 10, 2001. APPEARANCES: Kelly Wainwright did not appear at the hearing; Assistant Attorney General Melissa Cornelius appeared on behalf of the Arizona State Board of Nursing ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Kelly Wainwright (Applicant) did not present any evidence during the hearing in support of the appeal of the determination made by the Arizona State Board of Nursing (Board) to deny his application to be licensed as a practical nurse (Application). 2. Assistant Attorney General Melissa Cornelius, on behalf of the Board, orally presented a Motion to Dismiss this hearing based on Applicant’s failure to meet his burden of proving that the Application was improperly denied by the Board. CONCLUSIONS OF LAW Applicant’s failure to provide evidence in support of the appeal of the above-mentioned determination warrants the recommendation that the Motion to Dismiss be granted.

RECOMMENDED ORDER In view of the above, it is recommended that the Motion to Dismiss be granted, that the appeal be dismissed, and the determination made by the Board in denying the Application be affirmed. Done this day, December 10, 2001.

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

State Board of Nursing Joey Ridenour ATTN: Vicky Driver 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