Minute Entry Continuance

24A-201910159-NUR · State Board of Nursing · 2024-04-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF THE REGISTERED NURSE LICENSE NO. RN174152 ISSUED TO:

VALERIE ANN ACERO,

AKA: Valerie Ann Lively,

RESPONDENT.

No. 24A-[number redacted]-NUR

MINUTE ENTRY - GRANTING CONTINUANCE

On March 14, 2024, the Arizona State Board of Nursing (“Board”) issued a Complaint and Notice of Hearing (“Notice of Hearing”) in the above-captioned matter which set the matter for hearing at 9:00 a.m. on May 02, 2024, before the Office of Administrative Hearings (“OAH”), an independent state agency, in Phoenix, Arizona.

On March 27, 2024, the parties submitted a Stipulated Request to Modify the Start Time of the Hearing, from 9:00 a.m. to 1:30 p.m. on May 02, 2024. By that same date, the parties were advised that their request could not be accommodated. The parties were provided with a list of dates the Tribunal was then free to adjudicate the parties’ dispute, and asked to submit a short list of stipulated dates for continuance as soon as possible.

On April 08, 2024, Respondent submitted a Motion to Continue that noted, “[t]he hearing in this matter was set for Thursday, May 2, 2024, but the parties were notified that this date was a conflict for OAH,” which is incorrect.

Regardless, because there is no objection from the Board,

IT IS ORDERED that the hearing in the above-entitled matter is continued and set for a Status Update on Thursday, May 23, 2024. On or before this date the parties shall submit one of the following motions to OAH:

(1) Inform the tribunal that the matter has been satisfactorily resolved by submitting a Motion to Vacate the hearing;

(2) Inform the tribunal that the parties need additional time to resolve the matter by submitting a Motion to Continue and reset for Status by 30-days, 45-days, or 60-days, or

(3) Inform the tribunal that the parties are unable to resolve their dispute and request that the matter be Set for Hearing.

Failure to timely submit a Status Update may result in the matter being vacated from OAH’s calendar and remanded to the referring agency for further action, if any, pursuant to Ariz. Admin. Code R2-19-111(4).

Done this day, April 08, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Joey Ridenour, RN, MN Executive Director

ATTN: Trina Smith

State Board of Nursing

1740 W. Adams St., Ste. 2000

Phoenix, AZ 85007

[email redacted]

Sara Stark, Esq.

Chelle Law, Counsel for Respondent

5425 E. Bell Rd., Ste. 107

Scottsdale, AZ 85254

[email redacted]

Deborah Abbey

Assistant Attorney General

Arizona Attorney General’s Office – CIV/LES

2005 N. Central Ave.,

Phoenix, AZ 85004-1592

[email redacted]

By: OAH Staff