Vacate

04A-9807020-NUR · State Board of Nursing · 2004-05-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In The Matter Of: | | No. 04A-9807020-NUR | | | | | |Lupe M. Grajeda, | | | | | |ORDER VACATING HEARING | | | |AND | |Applicant. | |RECOMMENDING DISMISSAL | | | | |

On May 27, 2004, the Executive Director of the Arizona State Board of Nursing moved to have the hearing scheduled in this matter vacated Respondent has failed to comply with the requirements of A.R.S. § 32- 1664(I) (failure to file an Answer to the Complaint).[1] IT IS ORDERED that the hearing scheduled to convene on June 3, 2004 at 9:00 A.M. be and is hereby vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED that this matter be remanded to the Executive Director of the Arizona State Board of Nursing for disposition consistent herewith. Done this 27th day of May 2004.

_________________________________ Gary B. Strickland Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2004 to:

State Board of Nursing Joey Ridenour, Executive Director Att’n: Vicky Driver 1651 E Morten, Ste. 210 Phoenix AZ 85020

Lupe M. Grajeda 115 E. Alturas, 13 Tucson, AZ 85745

Office of the Attorney General Michelle Wood, Assistant Attorney General 1275 West Washington Avenue Phoenix, AZ 85007

By _______________________________

----------------------- [1] The section provides:

I. A licensee or certificate holder shall respond in writing to the board within thirty days after notice of the hearing is served as prescribed in subsection H of this section. The board shall consider a person's failure to respond within this time as an admission by default to the allegations stated in the complaint. The board may then take disciplinary actions allowed by this chapter without conducting a hearing.

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