ORDER
24A-2022090461-NUR · State Board of Nursing · 2024-04-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
IN THE MATTER OF PRACTICAL NURSE LICENSE NO. LP244497 ISSUED TO:
VICTOR AFIJU SULLEH,
APPLICANT,
- and-
In the matter of practical nurse license no. lp244497 issued to:
VICTOR AFIJU SULLEH,
RESPONDENT,
- and-
IN THE MATTER OF THE PRIVILEGE TO PRACTICE NURSING UNDER THE NURSE LICENSURE COMPACT IN THE STATE OF ARIZONA ISSUED TO:
VICTOR AFIJU SULLEH,
RESPONDENT.
(Florida) RN Multistate Privilege to Practice.
No. 24A-[number redacted]-NUR
ORDER GRANTING MOTION NUNC PRO TUNC, IN PART
On January 31, 2024, the Arizona State Board of Nursing (“Board”) referred the above-captioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency for an evidentiary hearing.
On February 20, 2024, the Board issued an Amended Complainant and Notice of Hearing for this matter with the following header:
On March 08, 2024, an evidentiary hearing was held to determine whether grounds existed to find Applicant/Respondent in violation of Arizona Revised Statutes (“Ariz. Rev. Stat.”) §§ 32-1601(27)(a), 32-1601(27)(d); as more specifically defined by Arizona Administrative Code (“Ariz. Admin. Code”) R4-19-403(8), R4-19-403(20), R4-19-403(25), and R4-19-403(31), 32-1601(27)(g), 32-1601(27)(h), and 32-1601(27(j), for alleged unprofessional conduct.
On March 19, 2024, a resulting Recommended Administrative Law Judge Decision was transmitted by the Tribunal to the Executive Director of the Board.
On April 12, 2024, the Board submitted a Motion for Order Nunc Pro Tunc to Clarify Record in the above-captioned matter. Specifically, the Board requested that the Tribunal issue an order to correct the following alleged scrivener errors in the aforementioned Recommended Administrative Law Judge Decision:
The Docket caption, lines 2 and 3, “PRACTICAL NURSE LICENSE NO. LP244497” to “REGISTERED NURSE LICENSURE BY”.
Findings of Fact 3, line 2, “Practical” to “Registered.”
Finding of Fact 5, line 14, “Idea” to “Ideal.”
Conclusions of Law 3, line 18, “practical nursing license.” to “practical nursing license and RN multistate privilege to practice.”
Conclusions of Law 8, line 18. “O” to “P”
Conclusions of Law 15, line 11-12, “obtain PN License No. LP244497 under” to “apply for AZ RN and practice as RN under”
Conclusions of Law 21, lines 9-10, “under” should read “and the RN Multistate”
Conclusions of Law 21, 11, “(O)” to “(P)”
Recommended Order, line 15, “under” to “and the RN Multistate.”
Based on the foregoing,
IT IS ORDERED that the Board’s motion is granted in part, and denied in part. The Tribunal grants the Board’s motion regarding scrivener errors in line items 2-9, and hereby modifies all eight (8) as noted above.
IT IS FURTHER ORDERED that the Tribunal is unable to grant the Board’s request regarding line item 1 without stipulation by Victor Afiju Sulleh, as it is not a mere scrivener error. As such, the Board’s motion regarding line item 1 is denied.
Done this day, April 15, 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]
Victor Afiju Sulleh, Applicant/Respondent
8885 W. Thunderbird Rd., Apt. 2122
Peoria, AZ 85381
[email redacted]
Deborah Abbey, Esq., Assistant Attorney General
Office of the Attorney General
2005 N. Central Ave.
Phoenix AZ 85004-1592
[email redacted]
By: OAH Staff