7-0904-15554-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE BOARD OF NURSING
In the Matter of Jan M. Kvidt, L.P.N., FINDINGS OF FACT,
License No. 45053-7 CONCLUSIONS AND
RECOMMENDATION
The above-entitled matter came on for a Prehearing Conference before Administrative Law Judge Richard C. Luis at 1:30 p.m. on October 20, 2003 at the offices of the Minnesota Board of Nursing in Minneapolis. Ruth E. Flynn, Assistant Attorney General, 445 Minnesota Street, Suite 1400, St. Paul, Minnesota 55103-2131, appeared on behalf of the Minnesota Board of Nursing Review Panel (“Panel”). Jan M. Kvidt (“Licensee”, “Respondent”) did not appear at the Prehearing Conference. The record closed on October 21, 2003.
This Report is a recommendation, not a final decision. The Board of Nursing will make the final decision after a review of the record. The Board may adopt, reject or modify the Findings of Fact, Conclusions and Recommendation. Under Minn. Stat. § 14.61, the final decision of the Board shall not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party adversely affected by this Report to file exceptions and present argument to the Board. Parties should contact Rene Cronquist, Assistant Director, Minnesota Board of Nursing, Suite 500, 2829 University Avenue Southeast, Minneapolis, Minnesota 55414 to inquire about filing exceptions or present argument.
If the Board fails to issue a final decision within 90 days of the close of the record, this Report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. In order to comply with this statute, the Board must then return the record to the Administrative Law Judge within 10 working days to allow the Judge to determine the discipline to be imposed. The record closes upon the filing of exceptions to the Report and the presentation of argument to the Board, or upon the expiration of the deadline for doing so. The Board must notify the parties and the Administrative Law Judge of the date on which the record closes.
Whether disciplinary action should be taken against the Respondent in accordance with Minn. Stat. §§ 148.261 and 148.262 for alleged use and abuse of chemicals, unethical conduct, violation of a state law regarding controlled substances and failure to cooperate with a Board investigation?
Based on all the proceedings herein, the Administrative Law Judge makes the following:
1. On September 19, 2003, a Notice of and Order for Prehearing Conference and Hearing was mailed to the Licensee/Respondent at her last known address – 804 East Central, Apartment 4, Detroit Lakes, Minnesota 56501. The Notice of and Order for Prehearing Conference and Hearing scheduled a prehearing conference for October 20, 2003.
2. The Notice of and Order for Prehearing Conference and Hearing mailed to the Licensee/Respondent contained the following statement, on page 1:
“If Respondent fails to appear without the advance consent of the administrative law judge at the prehearing conference or a settlement conference in this matter, Respondent shall be deemed in default and the allegations or issues in this Notice may be taken as true without further evidence and the Board may revoke, suspend, and take other action against Respondent’s license to practice practical nursing in the State of Minnesota. Respondent is further notified that if this disciplinary action is taken against her license, she may be required to pay all costs of proceedings resulting in the action and a civil penalty as provided for in Minn. Stat. section 148.262.”
3. The Licensee/Respondent did not appear at the October 20, 2003 Prehearing Conference. She did not contact the Board or the Administrative Law Judge to request a continuance. No Notice of Appearance was filed by the Licensee/ Respondent in this matter.
4. The allegations set forth in the Notice of and Order for Prehearing Conference and Hearing are deemed proved and are hereby incorporated into these Findings by reference.
Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the Board of Nursing have jurisdiction herein pursuant to Minn. Stat. §§ 14.50, 148.261, 214.10 and 214.103.
2. The Licensee/Respondent was given timely and proper notice of the prehearing conference in this matter.
3. The Minnesota Board of Nursing has complied with all relevant, substantive and procedural requirements of law and rule.
4. Under Minn. Rule 1400.6000, the Licensee/Respondent is in default as a result of her failure to appear at the scheduled prehearing conference.
5. Under Minn. Rule 1400.6000, when a party defaults, the allegations and issues set out in the Notice of and Order for Prehearing Conference and Hearing may be taken as true and deemed proved. The Administrative Law Judge therefore takes those allegations and issues as true and they are deemed proved.
6. Based upon the facts set out in the Notice of and Order for Prehearing Conference and Hearing, the Licensee/Respondent has violated Minn. Stat. §§ 148.261, subds. 1(9), 1(11), 1(18) and 148.265. As a result, she is subject to disciplinary action by the Minnesota Board of Nursing.
7. An order by the Board imposing disciplinary action against the Respondent is in the public interest.
Based on the foregoing Conclusions, the Administrative Law Judge makes the following:
RECOMMENDATION
IT IS RECOMMENDED that appropriate disciplinary action be taken against the L.P.N. License of Jan M. Kvidt.
Dated this 24th day of March, 2004
/s/ Richard C. Luis
_______________________________
RICHARD C. LUIS
Administrative Law Judge
Reported: Default
Under Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.
If the Board fails to issue a final decision within 90 days of the close of the record under Minn. Stat. § 14.61, this Report becomes a final decision. In order to comply with Minn. Stat. § 14.62, subd. 2a, the Board must then return the record to the Administrative Law Judge within 10 working days to allow the Judge to determine the discipline to be imposed.