ALJDEC - Licensing
24A-2022030182-NUR · State Board of Nursing · 2023-11-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of Application for License By:
SARAH JOANNE LUNDE,
AKA: Sara Joanne Fisher
TO PRACTICE PRACTICAL NURSING IN THE STATE OF ARIZONA.
No. 24A-[number redacted]-NUR
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 29, 2023
APPEARANCES: Assistant Attorney General Charles S. Hover, III represented Arizona State Board of Nursing. Respondent failed to appear.
ADMINISTRATIVE LAW JUDGE: Amy M. Haley
_____________________________________________________________________
FINDINGS OF FACT
The above-captioned matter was set to convene for hearing at 9:00 a.m. on November 29, at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.
The Arizona State Board of Nursing (“Board”), represented by Charles S. Hover III, was present. Respondent failed to appear.
Mr. Hover indicated that Respondent contacted the Board and requested that she be allowed to appear virtually for the hearing. Respondent was advised that if she sought to appear virtually, she was required to submit a request with OAH. Respondent did not submit any such requests.
Notwithstanding, the Tribunal attempted to contact Respondent via a telephone number provided by the Board no less than three times at the time of the hearing. The Tribunal was unable to reach Respondent.
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.
Because Respondent failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, the Tribunal adopts and affirms the findings of facts and conclusions of law as outlined in the Order of Denial dated September 18, 2023 as stated in the Board’s Exhibit 1.
ORDER
IT IS ORDERED that Respondent’s appeal is dismissed.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
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 forty (40) days from the date of that certification.
Done this day, November 29, 2023.
/s/ Amy M. Haley
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Joey Ridenour, RN, MN, Executive Director
State Board of Nursing
Sarah Joanne Lunde
[email redacted]
Charles S. Hover, III.
Assistant Attorney General
Attorney for the State
Charles.HoverIII@azag,gov
By: OAH Staff