Nurses , if you have a board complaint and end up like most their license and livelihood being attacked . You can go to court. Forget everything you see on courts, law and order , none of the rules apply . It is a sham court . A kangaroo court . A Shame to Lady Justice . You will see some very odd behaviors going on . The prosecutor walks in it is like a reunion. Hugs and kisses from the secretary . The prosecutor and the ALJ catching up on family life, the transcriber treated so well , you almost wonder if she will make changes on the record for them . The nurse walks in and an atmosphere or being tolerated. We are not the only ones who get this is one big farce and slap in the face to anything that resembles due process , the reviews are below 1 if that’s possible . Just be prepared , get what you can on the record and make sure all exhibits are not left out (by mistake of course).
Some things that have not gone unnoticed.
Office of Admin law court . Phoenix
(this ‘sham court ” is located one floor below the BON meeting room . but is considered ‘a totally separate , independent , and cases are never discussed between the two ” . right .
The OAH appoints a ALJ to hear a matter , there is really no reason to hear a case because the verdict is in before opening statements.
Very odd set up , worse than Peary Mason ‘s last minute evidence .
1) the investigator for the matter AS A WITNESS is not only allowed to sit in the entire proceedings and listen to others testify , they can use that info they say to compliment the other .
2) The ALJ has told the prosecutor how to rephrase her question. Coaching . But this doesn’t appear on the record.
3) The ALj will get bent out of shape if the nurse even begins to ask prying questions , of the witness . Or brings up their dirt .
4) If the nurse asks witnesses questions and the prosecutor doesn’t like it, she will moan , no objection, just moan , and the ALJ takes the cue.
5) If the prosecutor badgers the nurse the alj will completely ignore it , and allow many antics to go on in the court room.
6) The Nurse thinks that a hearing will be fair and non partial and has a chance , Nothing further from the truth.
7) The ALj has referred to the BON as “our client “. Both getting pay checks signed by st of Az .
8) . posted on their web site is 6 ethical standards, not one is ever followed.
9) If the BON is using a security guard in the court room the ALJ goes along with it and asks them his name so it will show up on the transcript to give the reader the appearance the nurse is ‘dangerous’. Just using taxpayers money foolishly.
10) The prosecutor is very comfortable , not a lot of rules to follow and pretty much runs the court room. The ALJ acts a 2nd prosecutor .
11) Any request by the nurse for 30 day extension is never agreed to by the prosecutor or ALJ if the nurse does not have an atty, sometimes they will if the nurse has an atty. The nurse is not important , and does not need more time to prepare for their case. You follow their schedule your not and equal litigant .
12) The prosecutor is never suppose to be seen talking to the ALJ alone so they go thru the BON dir , and associates to send messages to the Dir of the OAH. a back door approach to avoid being caught discussing the case with out the other party present .
13) If the nurse has an atty this drag it out with as much unrelated , nonsense as possible so you don’t have money for appeal
14) the ALJ does not make the final decision the BON (who are not in the court room in AZ) do . A BON that lies about even reading the transcript . All they look at is the final opinion , a fix that was in when the agency started .
15) The judge signs an opinion that the BON agency writes out , hand picking any statement out of context to make the nurse look bad . The corrupt BON agency knows this is what goes on the www for any one to read , and since a gov agency they believe all the lies . The public thinks a judge heard fairly each side and made a decision and signed it . No the ALJ is nothing but a prop in the hearing room , high paid and dirty . Holding a Star Chamber , where decisions are made in the back room first.
16) hearsay is allowed . so if one liar says so and so said this, it is in big quotes as if the person was right there and it is fact, but is not marked as hearsay . And should never be allowed , but this OAH is a sham court.
17) The so called states witnesses do not have to show up in the court room. Even when objected to by the nurse, the prosecutor protects them , so the ALJ allows them to answer over the phone. you think the connection 2022 would be excellent but a lot of “didn’t hear that last part ” “repeat that ” stalling . No other court would allow this . No video conference , telephone .
18) The law states that if a nurse wants a rehearing that they must go before the BON , request one . There are several things you can get a rehearing for. But it has never happened . Even with a really good reason , no one case has ever been reheard. Then on appeal they will make sure , BON voted to act on license , rehearing was requested and DENIED . It almost looks as if there was come considerable thought on the BON part . No they know their part , vote NO on any request for rehearing . The prosecutor just goes crazy if they start talking this direction at all.