Vacate

17A-1608119-NUR · State Board of Nursing · 2017-06-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona State Board of Nursing’s (“the Board’s”) attorney moves to vacate the hearing because on June 4, 2017, Lori Rae Brewer (“Applicant”) sent an email to Board staff stating that she will not attend the hearing scheduled on June 7, 2017. Because Applicant bears the burden of proof to establish that she meets statutory qualifications for a registered nurse license by a preponderance of the evidence,[1] Applicant’s expressed intent not to attend the hearing or to present evidence of her qualifications means that the Administrative Law Judge will not be able to make any recommendation to the Board on the merits of Applicant’s appeal of the Board’s denial of her application. Therefore, IT IS ORDERED vacating the hearing that had been scheduled on June 7, 2017, at 1:00 p.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Executive Director of the Board for further action. Done this day, June 5, 2017.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile June 5, 2017 to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing ATTN: Trina Smith and Susie Flores 4747 N. 7th Street, Suite # 200 Phoenix, AZ 85014

Lori Rae Brewer 11781 S Ironwood Dr Yuma, AZ 85367

Elizabeth A. Campbell, Esq. Assistant Attorney General 1275 W. Washington St. Phoenix, AZ 85007

By M.Aguirre ----------------------- [1] See A.R.S. § 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).

-----------------------

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