ALJDEC decisions subject to certification as final

14A-1312093-NUR · State Board of Nursing · 2014-10-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 27, 2014 APPEARANCES: No one appeared for Applicant; Elizabeth A. Campbell, Esq. for the Board of Nursing ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ FINDINGS OF FACT 1. On June 23, 2014, the Arizona State Board of Nursing issued a “Notice of Public Hearing on Denial of Certification” setting the above-captioned matter for hearing on August 15, 2014, at the Office of Administrative Hearings in Phoenix, Arizona. 2. The hearing was being conducted to determine whether Applicant Rose Tonetta Reed is qualified to hold a certificate as a nursing assistant. 3. The matter was continued and rescheduled to convene at 8:00 a.m. October 27, 2014. 4. No representative for Applicant appeared by 8:15 a.m. on October 27, 2014, and, consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. Applicant bears the burden of persuasion. Ariz. Rev. Stat. § 41- 1092.07(G)(1). The standard or proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119. 2. Because Applicant failed to appear and prosecute the appeal, the appeal is unsupported by evidence and Applicant did not meet the burden of persuasion to show that she is qualified to hold a certificate as a nursing assistant. See Notice of Public Hearing on Denial of Certification at p. 2. 3. Consequently, Applicant’s appeal should be dismissed. ORDER IT IS ORDERED that Applicant Rose Tonetta Reed’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 will be five days after the date of that certification. Done this day, October 28, 2014.

/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