ALJDEC decisions subject to certification as final

11A-0912114-NUR · State Board of Nursing · 2011-06-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 24, 2011, at 1:00 p.m. APPEARANCES: Applicant Shawnna Marie Huskey did not appear; the Arizona State Board of Nursing appeared through Elizabeth Campbell, Esq. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT On or about September 30, 2010, Shawnna Marie Huskey (“Applicant”) submitted an application for certification as a Nursing Assistant by Examination (“application”) to the Arizona State Board of Nursing (“the Board”). Applicant’s address of record with the Board is 5830 North 44th Place, Phoenix, Arizona 85018. The Board subsequently investigated Applicant’s criminal and employment histories and based on the results of the investigation, determined to deny Applicant’s application. On March 23, 2011, the Board issued an Order of Denial. Applicant requested a hearing on the Board’s Order of Denial. The Board referred the matter to the Office of Administrative Hearings (“the OAH”), an independent agency, for an evidentiary hearing. On May 4, 2011, the Board issued a Notice of Hearing, informing Applicant that pursuant to her request, a hearing would be held on June 24, 2011 at 1:00 p.m. The Board sent the notice of hearing via certified mail to Applicant at her address of record. A hearing was held June 24, 2011, at which the Board’s attorney and witness appeared. Applicant did not request to appear telephonically at the hearing and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed fifteen minutes to allow Applicant additional travel time, she did not appear, personally or through an attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Applicant did not present any evidence to establish that she is qualified to be granted Nursing Assistant Certification. 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 Applicant at her address of record was reasonable and she is deemed to have received it.[2] Applicant bears the burden of proof and must establish by a preponderance of the evidence that she is qualified to be certified as a nursing assistant and that the Board therefore erred in denying her application.[3]

Applicant, by failing to appear at the hearing, failed to carry her statutory burden of proving that she is qualified to be certified as a nursing assistant. Consequently, the record does not support any finding that Applicant is qualified to be certified as a nursing assistant or that the Board erred in denying her application under A.R.S. § 32-1663(A). RECOMMENDED ORDER In view of the foregoing, and in light of Applicant Shawnna Marie Huskey’s failure to prosecute her appeal, it is recommended that the appeal in Case No. 11A-0912114-NUR be dismissed and that the Board affirm its denial of Applicant’s application for certification as a nursing assistant. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five days from the date of that certification. Done this day, June 27, 2011.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing ----------------------- [1] A.R.S. §§ 32-1606(A)(16); 32-1663(A). [2] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [3] See A.R.S. §§ 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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