12-0904-12928-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA BOARD OF NURSING

 

In the Matter of the Nursing License of Maria R. Lamoureux, R.N.

License No. 131017-1

FINDINGS OF FACT,

CONCLUSIONS,

AND RECOMMENDATION

 

            This matter came on for a Prehearing Conference before Administrative Law Judge Steve Mihalchick at 9:30 a.m. on Monday, July 10, 2000, at the offices of the Board of Nursing, 2829 University Avenue S.E., Suite 500, Minneapolis, Minnesota.  Louis Hoffman, Assistant Attorney General, 445 Minnesota Street, Suite 1400, St. Paul, MN 55101, appeared for the Board.  Maria R. Lamoureux did not appear in person or by counsel.  The record in this matter closed on the date of the Prehearing Conference.

This report is a recommendation, not a final decision.  The Minnesota Board of Nursing will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation.  Under Minn. Stat. § 14.61 (1998), the Board shall not make a final decision until this Report has been made available to the parties for at least ten days.  The parties may file exceptions to this Report and the Board must consider the exceptions in making a final decision.  Parties should contact the Board at the address above to learn the procedure for filing exceptions or presenting argument.

STATEMENT OF ISSUES

1.      Has Ms. Lamoureux been subject to disciplinary action against her nursing license from another state in violation of Minn. Stat. § 148.261, subd. 1(4)?

2.      Is Ms. Lamoureux unable to practice nursing with reasonable skill and safety to patients because of use of alcohol, drugs or chemicals, or as a result of any mental or physical condition in violation of Minn. Stat. § 148.261, subd. 1(9)?

3.      Does Ms. Lamoureux’s conduct constitute grounds for disciplinary action by the Board of Nursing?

 

Based upon all of the proceedings herein, the Administrative Law Judge makes the following:

FINDINGS OF FACT

1.      On June 9, 2000, the Notice of and Order for Prehearing Conference and Hearing in this matter was served upon Maria R. Lamoureux, 8814 E 96th Street, Tulsa, OK 74133.  The Notice indicated that a Prehearing Conference was scheduled for July 10, 2000.  The Notice was not returned as undelivered.

2.      On July 10, 2000, Ms. Lamoureux failed to appear at the Prehearing Conference.

3.      The Notice of and Order for Prehearing Conference and Hearing informed Ms. Lamoureux that if she failed to appear at the Prehearing Conference the allegations against her set forth in the Notice of and Order for Prehearing Conference and Hearing could be taken as true, and a default order could be issued.  She was informed that such an order could result in disciplinary action, including loss of her license and imposition of a civil penalty.

4.      Because Ms. Lamoureux failed to appear, she is in default.

5.      Pursuant to Minn. Rules part 1400.6000, the allegations contained in the Notice of and Order for Prehearing Conference and Hearing are taken as true and incorporated into these Findings of Fact.

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1.      The Board of Nursing and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50, 148.261 and 214.10 (1998).

2.      The Board has given proper notice of the hearing in this matter and has fulfilled all relevant substantive and procedural requirements of law and rule.

3.      The facts set out in the Notice of and Order for Prehearing conference and Hearing constitute violations of Minn. Stat. §§ 148.261, subd. 1(4) and subd. 1(9).

            Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

 

RECOMMENDATION

IT IS HEREBY RECOMMENDED: that the Board take disciplinary action against Maria R. Lamoureux, R.N.

 

Dated this 9th  day of August, 2000.

                                                                             

S/ Steve M. Mihalchick

STEVE M. MIHALCHICK

Administrative Law Judge

 

Reported: Default

 

NOTICE

 

            Pursuant to Minn. Stat. § 14.62, subd. 1 (1998), the Board is required to serve its final decision upon each party and the Administrative Law Judge by first class mail.