ALJDEC decisions subject to certification as final

19A-1807057-NUR · State Board of Nursing · 2019-08-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: Convened and concluded on August 8, 2019. Assistant Attorney General Elizabeth Campbell appeared on behalf of the Arizona State Board of Nursing. ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera ____________________________________________________________________ FINDINGS OF FACT 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. Complainant failed to appear at the time of the noticed hearing. Complainant did not request to appear telephonically. The tribunal waited 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 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. Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed. ORDER IT IS ORDERED that Complainant’s appeal is dismissed. 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 is the date of that certification. Done this day, August 8, 2019. /s/ Antara Nath Rivera Administrative Law Judge Transmitted electronically to: Joey Ridenour, RN, MN, Executive Director State Board of Nursing -----------------------

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