FINACT19A-1711079-NUR.pdf

19A-1711079-NUR · State Board of Nursing · 2019-09-18

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 Home Page: http://www.azbn.gov

TO: Case Management Office of Administrative Hearings

FROM: Trina Smith Legal Assistant Hearing Department

DATE: September 18, 2019

RE: Brenton John Mannlein Docket No. 19A-1711079-NUR ______________________________________________________________________________

On September 17, 2019, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Dismiss Applicant Brenton John Mannlein’s Appeal and affirm its denial of Applicant’s application for licensure as an RN.

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, Suite 2000 Phoenix AZ 85007 602-771-7800

IN THE MATTER OF THE APPLICATION FOR REGISTERED NURSE LICENSE BY: ORDER OF DENIAL AFTER HEARING BRENTON JOHN MANNLEIN, ORDER NO. 19A-1711079-NUR TO PRACTICE REGISTERED NURSING IN THE STATE OF ARIZONA. On May 16, 2019, the Arizona State Board of Nursing (“Board”) considered the application for

registered nurse licensure of Brenton John Mannlein (“Applicant”). The Board denied the application

and on May 24, 2019, the Board issued Order of Denial No. 1711079. On June 11, 2019, Applicant requested a hearing on the Order of Denial, which was held on August 12, 2019, 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 August 12, 2019, the ALJ issued Findings of Fact, Conclusions of Law and a Recommended Decision and Order. On September 17, 2019, 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 licensure as a registered nurse in Arizona

(“RN”) to the Board. 2. On May 24, 2019, 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 June 13, 2019, the Board issued a Notice of Hearing, informing Applicant that,

pursuant to his request, a hearing would be held at OAH on August 12, 2019, at 1:00 p.m. The Board

sent the notice of hearing via certified and first class mail to Applicant at the address on his application. 6. The Board’s attorney, party representative/witness, and a court reporter appeared at the time on the date scheduled for the hearing on Applicant’s appeal of the Board’s denial of his license

application. 7. 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 thirty-two

minutes to allow Applicant additional travel time, he 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 his qualifications to be licensed as a registered nurse in Arizona. 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 and first class mail to Applicant at the address on his application was reasonable and he 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 he is qualified to be licensed as an RN in Arizona and that the Board therefore erred in denying his application. 3

1 A.R.S. § 32-1606(A)(8) See A.R.S. § 41-1061(A).

4. Applicant, by failing to appear at the hearing, failed to carry his statutory burden of proving that he is qualified to be licensed as an RN in Arizona. 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 his 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 BRENTON JOHN

MANNLEIN to practice as a registered 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, Suite 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 17TH day of September, 2019.

3 See A.R.S. §§ 32-1601(14)(d); 32-1663(A); 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).

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

COPIES mailed this 18th day of September, 2019, by First Class Mail and Certified Mail Certificate No. [account number redacted] 7259 to:

Brenton John Mannlein 4529 N. Preston Drive Prescott Valley, AZ 86314 Applicant

COPY mailed this 18th day of September, 2019, to: Elizabeth A. Campbell Assistant Attorney General Arizona Attorney General’s Office 2005 North Central Avenue Phoenix, Arizona 85004

COPY sent electronic mail this 18th day of September, 2019, to: [email redacted] Case Management Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix AZ 85007

By: T. Smith