Vacate

06A-0602044-NUR · State Board of Nursing · 2007-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to the Complaint and Notice of Hearing issued by the Arizona State Board of Nursing, this matter came on for hearing before the Office of Administrative Hearings, an independent agency, on March 14, 2007, at 1:30 p.m. The Arizona State Board of Nursing was represented by Assistant Attorney General Ann Olson. Judith Ann Walker, also known as Judith Ann Beekman, was represented by her attorney, Jeffrey H. Jacobson, Esq. Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Order in this matter:

FINDINGS OF FACT

1. Judith Ann Walker, also known as Judith Ann Beekman (“Respondent”), is the holder of Professional Nurse License No. RN129503 issued by the Arizona State Board of Nursing (“Board”). 2. On March 9, 2007, Respondent, through counsel, filed a motion to continue the scheduled hearing in order to conduct further settlement negotiations and to have additional time to gather evidence. The Board did not object to the continuance request. 3. On March 9, 2007, the assigned Administrative Law Judge issued an Order Denying Continuance. The parties were advised that “[t]he matter remains scheduled for March 14, 2007 at 1:30 p.m.”

4. At the commencement of the scheduled hearing, the parties were represented by their respective counsel. No witnesses were present for either party. 5. Counsel informed the tribunal that neither party was prepared to proceed with their respective cases.

CONCLUSIONS OF LAW

1. The Board has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Board has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. A.A.C. R2-19-110 authorizes an administrative law judge, not the parties by stipulation, to grant or deny a continuance request.[1] A.A.C. R2-19-106(C) requires that a motion, such as a motion to continue, be filed no later than 15 days prior to a hearing, absent a showing of good cause. Respondent’s belated motion to continue was denied by the Administrative Law Judge. The parties should not be permitted to jointly continue a hearing without the tribunal’s consent. To permit them to do so would circumvent the Administrative Law Judge’s authority to rule on the issue. A hearing is scheduled as noticed unless properly continued. 4. In lieu of recommending dismissal of the Complaint in this matter due to the Board’s failure to sustain its burden of proof at the hearing, the Administrative Law Judge exercised his authority to vacate the hearing pursuant to A.A.C. R2-19-111(4).

ORDER

IT IS ORDERED that this matter be vacated from the calendar of the Office of Administrative Hearing, and remanded to the Board for further action.

Done this day, April 2, 2007.

_________________________________ Brian Brendan Tully Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2007 to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing ATTN: Vicky Driver 4747 N. 7th Street, Suite # 200 Phoenix, AZ 85014

Ann Olson, Esq. Office of the Attorney General 1275 W. Washington Phoenix, AZ 85007

Jeffrey H. Jacobson, Esq. Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. 5210 E. Williams Circle, 8th Floor Tucson, AZ 85711

By _______________________________

----------------------- [1] A.A.C. R2-19-111(1) requires an administrative law judge to vacate a hearing if stipulated by the parties.

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