FINACT18A-1612075-NUR.pdf

18A-1612075-NUR · State Board of Nursing · 2018-05-30

Doug Ducey Joey Ridenour Governor Executive Director

Arizona State Board of Nursing 1740 West Adams Street, Suite 2000 Phoenix. AZ 85007 Phone (602) 771-7800 Fax (602) 771-7888 E-Mail: [email redacted] Home Page: http://www.azbn.gov

TO: Case Management Office of Administrative Hearings

FROM: Trina Smith Legal Assistant Hearing Department

DATE: March 27, 2018

RE: Randy Calvin McAllister Docket No. 18A-1612075-NUR ______________________________________________________________________________

On March 23, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board affirm the Denial of Randy Calvin McAllister to practice as a registered nurse in Arizona.

The Board adopted the Findings of Fact, Conclusions of Law and Recommended Order in its entirety. THE ARIZONA STATE BOARD OF NURSING 1740 West Adams Street, Ste. 2000 Phoenix AZ 85007 602-771-7800

IN THE MATTER OF DENIAL OF APPLICATION FOR LICENSE BY: ORDER OF DENIAL AFTER HEARING RANDY CALVIN McALLISTER, ORDER NO. 18A-1612075-NUR TO PRACTICE REGISTERED NURSING IN THE STATE OF ARIZONA On November 16, 2017, the Arizona State Board of Nursing (“Board”) considered the

application for registered nurse licensure of Randy Calvin McAllister (“Applicant”). The Board denied

the application and on December 22, 2017, 2015, the Board issued Order of Denial No. 1612075. On December 27, 2017, Applicant requested a hearing on the Order of Denial, which was held on February 26, 2018, before Administrative Law Judge (“ALJ”) Tammy L. Eigenheer at the Office of

Administrative Hearings, 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007. Elizabeth

Campbell, Assistant Attorney General, appeared on behalf of the State. Applicant failed to appear. On March 2, 2018, the ALJ issued Findings of Fact, Conclusions of Law and a Recommended Decision and Order. On March 23, 2018, the Board met to consider the ALJ’s Recommended Decision

and Order. Based on the ALJ’s recommendations and the administrative record in this matter, the Board makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT

1. Randy Calvin McAllister (Applicant) failed to appear at the hearing set on his own

behalf. CONCLUSIONS OF LAW 1. Applicant bears the burden of proof in this matter. See A.A.C. R2-19-119.

2. By failing to appear at the hearing, Applicant failed to meet the required burden of proof. Therefore, the appeal should be denied. ORDER

NOW THEREFORE, IT IS ORDERED that the Board’s denial of Randy Calvin McAllister to

practice as a registered nurse in Arizona is affirmed and upheld. RIGHT TO PETITION FOR REHEARING OR REVIEW Pursuant to A.R.S. § 41-1092.09, Applicant may file, in writing, a motion for rehearing or

review within 30 days after service of this decision with the Arizona State Board of Nursing. The

motion for rehearing or review shall be made to the attention of Hearing Deparment, Arizona State Board of Nursing, 4747 North 7th Street Ste 200, Phoenix AZ 85014-3655, and must set forth legally sufficient reasons for granting a rehearing. A.A.C. R4-19-608.

For answers to questions regarding a rehearing, contact the Hearing Department at (602) 771-7844. Pursuant to A.R.S. § 41-1092.09(B), if Applicant fails to file a motion for rehearing or review within 30 days after service of this decision, Applicant shall be prohibited from seeking

judicial review of this decision.

This decision is effective upon expiration of the time for filing a request for rehearing or review, or upon denial of such request, whichever is later, as mandated in A.A.C. R4-19-609. DATED this 23rd day of March, 2018.

ARIZONA STATE BOARD OF NURSING SEAL Joey Ridenour, R.N., M.N., F.A.A.N. Executive Director

COPIES mailed this 26th day of March, 2018, by First Class Mail and Certified Mail No. [account number redacted] 7767 and First Class Mail to:

Randy Calvin McAllister 2821 South Skyline Drive Unit 143 Mesa, AZ 85212

COPY mailed this 26th day of March, 2018, to:

Elizabeth A. Campbell Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004

COPY sent electronic mail this 26th day of March, 2018, to:

[email redacted] Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007

By: T. Smith