FINACT19A-1702079-NUR.pdf
19A-1702079-NUR · State Board of Nursing · 2018-09-14
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: September 13, 2018
RE: Jennifer Frances Pennington Docket No. 19A-1702079-NUR ______________________________________________________________________________
On September 13, 2018, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Affirm the Denial of Application for Reissuance of Registered Nurse License No. RN148653 by Jennifer Frances Pennington.
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 REISSUANCE OF REGISTERED NURSE ORDER OF DENIAL LICENSE NUMBER RN148653 BY: AFTER HEARING
JENNIFER FRANCES PENNINGTON, ORDER NO. 19A-1702079-NUR AKA: Jennifer McBurney, Jennifer Brothers, Jennifer Vorpi APPLICANT
On September 13, 2018, the Arizona State Board of Nursing (“Board”) considered the
application for registered nurse licensure of Jennifer Frances Pennington (“Applicant”). On May 18, 2018, the Board denied the application and on July 11, 2018, the Board issued Order of Denial No. 1702079.
On July 18, 2018, Applicant requested a hearing on the Order of Denial, which was held on
September 6, 2018, before Administrative Law Judge (“ALJ”) Diane Mihalsky 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 September 6, 2018, the ALJ issued Findings of Fact, Conclusions of Law and a Recommended Decision and Order. On September 13, 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. Applicant submitted a license application for reissuance of licensure as a registered nurse (“RN”) to the Board.
2. The Board denied the application. 3. Applicant appealed and requested a hearing on the denial. 4. Pursuant to A.R.S. § 41-1092.02, the Board referred the matter to the Office of
Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.
5. On July 23, 2018, the Board issued a Notice of Hearing, informing Applicant that, pursuant to her request, a hearing would be held at OAH on September 6, 2018, at 1:00 p.m. The Board sent the notice of hearing via certified mail to Applicant at the address on her application.
6. A hearing was held September 6, 2018, at which the Board’s attorney and party representative and a court reporter appeared. CONCLUSIONS OF LAW
1. The Board is the duly constituted authority for licensure and regulation of nurses in
Arizona. This matter lies with its jurisdiction.1 2. The notice of hearing that the Board sent via certified mail to Applicant at the address on her application was reasonable and she is deemed to have received notice of the hearing.2
3. Applicant bears the burden of proof to establish by a preponderance of the evidence that
she is qualified to be licensed as an RN in Arizona and that the Board therefore erred in denying her application.3 4. Applicant, by failing to appear at the hearing, failed to carry her statutory burden of
proving that she is qualified to be licensed as an RN. 5. Consequently, the record does not support any finding that Applicant is qualified to be licensed as an RN or that the Board erred in denying her application under A.R.S. §§ 32-1601(14)(d)
and 32-1663(A).
ORDER NOW THEREFORE, IT IS ORDERED that the Board’s denial of JENNIFER FRANCES PENNINGTON 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 Department, Arizona
State Board of Nursing, 1740 West Adams Street Ste 2000, Phoenix AZ 85007, 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 13th day of September, 2018. ARIZONA STATE BOARD OF NURSING
SEAL Joey Ridenour, R.N., M.N., F.A.A.N. Executive Director
COPIES mailed this 13th day of September, 2018, by First Class Mail and Certified Mail No. [account number redacted] 1687 to:
Jennifer Frances Pennington 125 S Alma School Rd Apt 1223 Chandler, AZ 85224 COPY mailed this 13th day of September, 2018, by First Class Mail to:
Elizabeth A. Campbell Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004 COPY sent electronic mail this 13th day of September, 2018, to:
[email redacted] Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007
By: T. Smith