ALJDEC

01A-9912119-NUR · State Board of Nursing · 2001-09-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 5, 2001 APPEARANCES: Applicant Martin Panniel failed to appear. Assistant Attorney General Seth Hargraves represented the Arizona State Board of Nursing. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

This matter came on for a regularly scheduled hearing on Wednesday, September 5, 2001 at 1:30 p.m. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Applicant Martin Panniel. Mr. Panniel 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 Martin Panniel appealed the Arizona State Board of Nursing’s (the “Board”) June 28, 2001 Order denying Mr. Panniel’s October 26, 1999 application for nursing assistant certification. On July 31, 2001, the Board issued a notice of hearing setting this matter for hearing on September 5, 2001 at 1:30 p.m. at the Office of Administrative Hearings in Phoenix, Arizona. The Board sent copies of the notice of hearing to Mr. Panniel by first class mail and by certified mail, return receipt requested. Mr. Panniel did not appear for the hearing. The Administrative Law Judge convened the hearing in Mr. Panniel’s absence, after which time the Board moved to dismiss Mr. Panniel’s appeal. CONCLUSIONS OF LAW The burden of proof was on Mr. Panniel to establish, by a preponderance of the evidence, that the Board improperly denied his application for nursing assistant certification. See A.R.S. § 41- 1092.07(G) and Arizona Administrative Code R2-19-119. By virtue of his failure to appear at the hearing, Mr. Panniel did not present any evidence in support of his appeal. Because Mr. Panniel did not present any evidence in support of his appeal, Mr. Panniel failed to sustain the required burden of proof. Under the circumstances presented, it is appropriate for the Board to affirm the denial of Mr. Panniel’s application for nursing assistant certification. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Board affirm the denial of Mr. Panniel’s application for nursing assistant certification.

Done this day, September 19, 2001.

______________________________________ Daniel G. Martin Administrative Law Judge

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

Joey Ridenour, Executive Director Arizona State Board of Nursing 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