ADMINISTRATIVE LAW | HEALTH LAW
01-2-7776 In the Matter of the License of Constant, R.N., App. Div. (per curiam) (17 pp.) Mariejo Joyce Constant appealed from the decision of the Board of Nursing suspending her license for failure to cooperate with a board investigation until such time as she fully complies. She also appealed the board’s imposition of a $5,000 civil penalty. In a Feb. 3, 2011 letter, the board informed Constant that it had been advised of her arrest for allegations of theft by deception and forgery arising out of her relationship with an elderly neighbor, Charles. The board enclosed a proposed order of surrender of license, which advised her to sign to avoid the board filing a formal complaint against her. Constant signed the voluntary surrender upon the advice of her counsel. However, on March 8, 2013, the Burlington County Prosecutor filed an order of nolle prosequi dismissing the charges against her. Constant advised the board and requested that her license be reinstated. The board did not reinstate her license, but responded with a letter explaining that an investigative inquiry had been scheduled. Constant was afforded the proper process, but did not cooperate with the board’s investigative hearing. Thus, the suspension of her license was proper because the purpose of the hearing was not to suspend appellant’s license or to affect her legal rights, but solely for an investigation. Constant was given a chance to speak at the hearing and was informed of her duty to cooperate but chose not to participate. The suspension occurred because of Constant’s failure to cooperate under N.J.A.C. 13:45C-1.2 and -1.3, not because of the alleged theft by deception. The appellate panel affirmed the board’s final decision.
