ALJDEC decisions subject to certification as final

09F-0806127-NUR · State Board of Nursing · 2009-09-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 4, 2009 APPEARANCES: Karen Lynn Murphy did not appear at the hearing; Assistant Attorney General Seth Hargraves appeared on behalf of the Arizona State Board of Nursing. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Karen Lynn Murphy (Applicant) appealed the Arizona State Board of Nursing’s (Board) denial of her application for Registered Nurse Licensure (“Application”). 2. The commencement of the formal hearing was delayed 15 minutes to allow for the late arrival of Applicant or an attorney authorized to represent her. After the delay, the Administrative Law Judge convened the hearing in Applicant’s absence. 3. By her default in appearance at the hearing, Applicant did not present any evidence in support of the appeal of the determination made by the Board to deny the Application. CONCLUSIONS OF LAW 1. Pursuant to A.R.S. § 41-1092.07(G)(1), Applicant has the burden of proof in this matter. 2. The standard of proof is preponderance of the evidence. A.A.C. R2-19- 119(A). 3. A preponderance of the evidence is “such proof as convinces the trier of fact that he contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence, ( 5 (1960). It is “evidence 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). 4. Applicant, by not appearing at the hearing, failed to sustain the required burden of proof on appeal of the above-mentioned determination and warrants dismissal of the appeal. ORDER Applicant’s appeal is dismissed on the effective date of the Order entered in this matter, and the Board’s denial of the Application is affirmed.

Done this day, September 4, 2009

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

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

By ___________________________ -----------------------

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