ALJDEC decisions subject to certification as final

19A-1711079-NUR · State Board of Nursing · 2019-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 12, 2019, at 1:00 p.m. APPEARANCES: Brenton John Mannlein (“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 licensure as a registered nurse in Arizona (“RN”) to the Board. On May 24, 2019, 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 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. 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. 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 The Board is the duly constituted authority for licensure and regulation of nurses in Arizona. This matter lies with its jurisdiction.[1] 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] 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] 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. 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). RECOMMENDED ORDER In view of the foregoing, and in light of Applicant Brenton John Mannlein’s failure to prosecute his appeal, IT IS ORDERED the appeal in Case No. 19A-1711079-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, August 12, 2019.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

Joey Ridenour, RN, MN, Executive Director State Board of Nursing ----------------------- [1] A.R.S. § 32-1606(A)(8) [2] See A.R.S. § 41-1061(A). [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).

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Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826