ALJDEC decisions subject to certification as final

08A-0712014-NUR · State Board of Nursing · 2008-06-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 30, 2008 at 9:00 a.m. APPEARANCES: Applicant Frank Ponikvar did not appear; the Arizona State Board of Nursing appeared through Amy Foster, Esq., Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT On or about November 26, 2007, Mr. Ponikvar submitted a temporary professional nurse license application by endorsement to the Arizona State Board of Nursing (“the Board”) for licensure as a professional nurse. The Board subsequently issued temporary professional nurse license TRN49682, which expired on May 28, 2008. Mr. Ponikvar’s address of record with the Board is 1089 S. Belvior, South Euclid, OH 44121. On or about December 10, 2007, the Board received a complaint from the Chief Nursing Officer at Mr. Ponikvar’s employer in Tucson. After the Board investigated the complaint and obtained and reviewed Mr. Ponikvar’s employment record, it voted to deny his application for licensure. Mr. Ponikvar requested an administrative hearing on the denial. Pursuant to A.R.S. § 41-1092.02, the Board referred the matter to the Office of Administrative Hearings. On May 16, 2008, the Board issued a Notice of Hearing, informing Mr. Ponikvar that, pursuant to his request, a hearing would be held on June 30, 2008 at 9:00 a.m. The Board sent the notice of hearing via certified mail to Mr. Ponikvar at his address of record. A hearing was held June 30, 2008, at which the Board’s attorney and party representative appeared. Although the beginning of the hearing was delayed fifteen minutes to allow Mr. Ponikvar additional travel time, he did not contact the Office of Administrative Hearings to request that the hearing be further delayed or continued, appear, personally or through an attorney, or present any evidence at the hearing to support his qualifications to be licensed as a professional nurse in Arizona. CONCLUSIONS OF LAW The Board is the duly constituted authority for licensure and regulation of nurses in Arizona. This matter lies with its jurisdiction.[1] The notice of hearing that the Board sent via certified mail to Mr. Ponikvar at his address of record was reasonable and he is deemed to have received it.[2] Mr. Ponikvar bears the burden of proof and must establish by a preponderance of the evidence that he is qualified to be licensed as a professional nurse and that the Board therefore erred in denying his application.[3] Mr. Ponikvar, by failing to appear at the hearing, failed to carry his statutory burden of proving that he is qualified to be licensed as a professional nurse. Consequently, the record does not support any finding that Mr. Ponikvar is qualified to be licensed as a professional nurse or that the Board erred in denying his application under A.R.S. §§ 32-1601(14)(d) and 32-1663(A). RECOMMENDED ORDER In view of the foregoing, and in light of Mr. Ponikvar’s failure to prosecute his appeal, it is recommended the appeal in Case No. 08A-0712014- NUR be dismissed and that the Board affirm its denial of Mr. Ponikvar’s application for licensure as a professional nurse. Done this day, June 30, 2008.

______________________________________ Diane Mihalsky Administrative Law Judge

Original transmitted by mail this ____ day of July, 2008, to:

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

By ___________________________ ----------------------- [1] A.R.S. § 32-1606(A)(8) [2] See A.R.S. § 41-1061(A). [3] See A.R.S. §§ 32-1601(14)(d); 32-1663(A); 41-1092.07(G)(1); A.A.C. R2- 19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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