This is the next article in my series on the handling of disciplinary and suspension hearings involving the Arizona State Board of Nursing. My last article discussed nursing license cases involving unprofessional conduct. It is important to note that professionals are required to self-report such conduct. A failure to self-report can result in additional disciplinary problems. Immediately contacting an attorney after problems arise is a step towards ensuring that one is navigating the process in the best way possible. In this post, I will be discussing the appeal of a suspension through administrative proceedings. If you or a loved one are in need of assistance then contact my office today to speak with a Phoenix defense lawyer.
The suspension of an Arizona nursing license may be appealed to the Superior Court
I have previously discussed the Arizona State Board of Nursing’s disciplinary process. As I discussed in that article, a hearing will be presided over by an Administrative Law Judge (ALJ). If that hearing results in a suspension of the license, or other discipline which the nurse finds unfair, then they may appeal the ruling to the Superior Court. This process begins by filing a Notice of Appeal. This Notice must be filed within thirty days, or else one will lose their right to appeal. The issue will be briefed by the Appellant (the Nurse) and the Appellee (the Nursing Board). The Court will hold an oral argument and issue its decision. The Court will have the option of upholding the ALJ’s ruling, reversing it outright, or requiring further proceedings. How the Superior Court Judge may rule will always depend on the specifics of the case.
It is important to note that an appeal is not a new trial. The Superior Court will not hear testimony or consider new evidence. Instead, the Court will accept the record from the administrative proceeding and determine whether a mistake of law occurred. Mistakes of law may include the ALJ including evidence which should not have been considered, an improper refusal to hear evidence, or applying an incorrect standard when determining whether the license should have been suspended. If the Superior Court does not rule in the nurse’s favor, then they will have the option to further pursue the matter before the Arizona Court of Appeals and then the Supreme Court of our state.
In addition to the possibility of overturning the ALJ’s ruling, the filing of an appeal may lead to a more favorable resolution in and of itself. There may be situations where an appeal has the potential to succeed while also having a chance to fail. In a situation such as this, the Nursing Board may be willing to offer a Consent Agreement to avoid the risk of having the appeal go forward. The stronger the chance an Appellant has before the Superior Court, the greater the chance of gaining such an offer. This is another factor to consider when determining whether or not to go forward with an appeal.
Retain a Phoenix nursing defense attorney to assist with any licensing appeals
If you are considering appealing a nursing license suspension then it is strongly suggested that you retain an experienced attorney to assist you. Appeals are highly complex in nature and they hinge on complicated, and sometimes untested, legal issues. Also, the rules of procedure are strictly enforced and failing to follow those rules may result in the appeal being denied due to technical reasons. Retaining counsel, who is versed in this area of law, helps to ensure that all rules and procedures are properly followed.
If you require assistance then contact my office today to speak with a Phoenix nursing license defense lawyer. I assist with the appeal of licensing suspensions and I recognize the important nature of such matters. I pride myself on providing the highest level of service and I look forward to speaking with you. My office also services Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson, and I am able to assist with appeals throughout Arizona.