ALJDEC decisions subject to certification as final

12A-1202107-NUR · State Board of Nursing · 2013-01-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 8, 2013 APPEARANCES: Stacey Lee Frederick did not appear. The Arizona State Board of Nursing was represented by Assistant Attorney General Elizabeth Campbell. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ FINDINGS OF FACT 1. Stacey Lee Frederick (“Applicant”) appealed the denial of her application for nursing assistant certification by the Arizona State Board of Nursing (“Board”). 2. On October 31, 2012, the Board issued a Notice of Public Hearing on Denial of Certification/License setting the above-captioned matter for hearing on December 11, 2012, at 8:00 a.m., at the Office of Administrative Hearings in Phoenix, Arizona. 3. On December 10, 2012, Applicant filed a motion for a continuance of the scheduled hearing. 4. On December 10, 2012, the Tribunal issued an Order Granting Continuance that advised the parties that the hearing had been continued to January 8, 2013, at 1:00 p.m. The Order Granting Continuance was mailed and emailed to the parties at their addresses of record. 5. Applicant failed to appear at the time scheduled for hearing, and did not request to appear telephonically. After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Applicant to be in default and no evidence was taken. CONCLUSIONS OF LAW 1. Pursuant to A.R.S. § 41-1092.07(G)(1), Applicant has the burden of establishing her qualification to hold a certificate as a nursing assistant. The standard of proof is by a preponderance of the evidence. See A.A.C. R2-19-119(A). 2. By failing to appear at the hearing, Applicant failed to meet the required burden of proof. RECOMMENDED ORDER In view of the foregoing, it is recommended that Applicant’s appeal of the Board’s Order of Denial No. 1202107 be denied and that the Order of Denial No. 1202107 be upheld and affirmed.

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 shall be five days from the date of the certification.

Done this day, January 8, 2013.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

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

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