FINACT19A-1807057-NUR.pdf

19A-1807057-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: Barbara Lee Thomas Docket No. 19A-1807057-NUR ______________________________________________________________________________

On September 17, 2019, the Board considered the Administrative Law Judge Decision (“ALJ Decision”), which recommended that the Board Dismiss Complainant, Barbara Thomas’ Appeal.

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 DENIAL OF APPLICATION FOR LICENSE BY: ORDER OF DENIAL AFTER HEARING BARBARA LEE THOMAS AKA: BARBARA LEE KEARNEY, ORDER NO. 19A-1807057-NUR

TO PRACTICE REGISTERED NURSING IN THE STATE OF ARIZONA.

On March 21, 2019, the Arizona State Board of Nursing (“Board”) considered the application

for registered nurse licensure of Barbara Lee Thomas (“Applicant”). The Board denied the application and on June 26, 2019, the Board issued Order of Denial No. 1807057. On June 25, 2019, Applicant requested a hearing on the Order of Denial, which was convened

on August 8, 2019, before Administrative Law Judge (“ALJ”) Antara Nath Riveria 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 did not appear. On August 8, 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. The above-captioned matter was set to convene for hearing at 1:00 p.m. on August 8, 2019, at the Office of Administrative Hearings in Phoenix, Arizona.

2. Complainant failed to appear at the time of the noticed hearing. Complainant did not request to appear telephonically. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. Consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

1. The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119.

2. Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed. ORDER

NOW THEREFORE, IT IS ORDERED that the Board’s denial of BARBARA LEE

THOMAS 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 17th day of September, 2019.

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 No.[account number redacted] 7280 to:

Barbara Lee Thomas 5529 State Route 588 Gallipolis, OH 45631 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