ALJDEC decisions subject to certification as final
19A-1702079-NUR · State Board of Nursing · 2018-09-06
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF DENIAL OF APPLICATION FOR REISSUANCE OF REGISTERED NURSE LICENSE NUMBER RN148653 BY:
JENNIFER FRANCES PENNINGTON,
AKA: Jennifer McBurney, Jennifer Brothers, Jennifer Vorpi
APPLICANT.
No. 19A-1702079-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: September 6, 2018, at 1:00 p.m.
APPEARANCES: Jennifer Frances Pennington (“Applicant”) failed to appear; the Arizona State Board of Nursing (“the Board”) was represented by Elizabeth A. Campbell, Esq., Assistant Attorney General.
ADMINISTRATIVE LAW JUDGE: Diane Mihalsky
_____________________________________________________________________
FINDINGS OF FACT
Applicant submitted a license application for reissuance of licensure as a registered nurse (“RN”) to the Board.
The Board denied the application.
Applicant appealed and requested a hearing on the denial.
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.
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.
A hearing was held September 6, 2018, at which the Board’s attorney and party representative and a court reporter appeared.
Applicant did not request to appear telephonically at the hearing and did not request that the hearing be continued. Although the beginning of the duly noticed hearing was delayed seventeen minutes to allow Applicant additional travel time, she did not contact OAH to request that the hearing be further delayed and did not appear, personally or through an attorney. Consequently, Applicant did not present any evidence to establish her qualifications to be licensed as an RN in Arizona.
CONCLUSIONS OF LAW
The Board is the duly constituted authority for licensure and regulation of nurses in Arizona. This matter lies with its jurisdiction.
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.
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.
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.
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).
RECOMMENDED ORDER
In view of the foregoing, and in light of Applicant Jennifer Frances Pennington’s failure to prosecute her appeal, it is recommended the appeal in Case No. 19A-1702079-NUR be dismissed and that the Board affirm its denial of Applicant’s application for licensure as an RN.
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 from the date of that certification.
Done this day, September 6, 2018
/s/ Diane Mihalsky
Administrative Law Judge
Transmitted electronically to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing