ALJDEC decisions subject to certification as final

09A-0903184-NUR · State Board of Nursing · 2010-02-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 4, 2010 APPEARANCES: Cynthia Estrada on her own behalf; Assistant Attorney General Seth Hargraves on behalf of the Board of Nursing ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ FINDINGS OF FACT 1. On May 6, 2009, the Arizona State Board of Nursing (the “Board”) issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. February 4, 2010 at the Office of Administrative Hearings in Phoenix, Arizona. 2. Ms. Cynthia Estrada applied for certification as a certified nursing assistant. 3. The Board denied Ms. Estrada’s application because she had not provided the Board with documentation showing that she had a valid prescription for medication she had taken and because Ms. Estrada had not passed the manual skills portion of her CNA examination. 4. Prior to the hearing, Ms. Estrada provided the Board with sufficient information to show that she did have a valid prescription. Consequently, the Board withdrew the allegations with respect to that issue. 5. Ms. Estrada acknowledged that she had not passed one part of the CNA examination. Ms. Estrada is currently not eligible to re- take the CNA examination, but plans to do so when she meets the requirements.

CONCLUSIONS OF LAW 1. Ms. Estrada bears the burden of proof to show that the Board improperly denied her application. The standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. A preponderance of the evidence is “[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990). 3. Ms. Estrada acknowledged that she had not passed one part of the CNA examination. Consequently, the preponderance of the evidence shows that the Board acted appropriately in denying Ms. Estrada’s application. 4. Consequently, Ms. Estrada’s appeal should be dismissed. ORDER IT IS ORDERED that Ms. Estrada’s appeal is dismissed. Done this day, February 22, 2010.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing -----------------------

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