ALJDEC decisions subject to certification as final
13A-1203052-NUR · State Board of Nursing · 2013-11-07
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|IN THE MATTER OF APPLICATION | | No. 13A-1203052-NUR | |FOR NURSING ASSISTANT | | | |CERTIFICATION BY: | |ADMINISTRATIVE LAW JUDGE | | | |DECISION | |TRANETTA LYNN TONEY, | | | | | | | |APPLICANT | | | | | | |
HEARING: November 7, 2013 APPEARANCES: No one appeared for the Applicant; Assistant Attorney General Elizabeth Campbell appeared for the Board ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ FINDINGS OF FACT 1. On September 18, 2013, the Arizona State Board of Nursing issued a Notice of Public Hearing on Denial of Certification setting the above-captioned matter for hearing at 9:00 a.m. November 7, 2013, at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for the Applicant appeared by 9:20 a.m. and the matter was convened in her absence at that time. 3. The Board then requested that this matter be dismissed. CONCLUSIONS OF LAW 1. The Applicant had the burden of proof. A.R.S. § 41-1092.07(G). 2. By failing to appear, the Applicant failed to meet that burden. 3. Consequently, the Applicant’s appeal should be dismissed. ORDER IT IS ORDERED that the Applicant’s appeal is dismissed. 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 is the date of that certification.
Done this day, November 7, 2013.
/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