728 Bureau of Professional and Occupational Affairs v. Penny Novak Goyette, LPN; doc. no. 0958-51-08; file no. 07-51-10817

STATE BOARD
OF NURSING

Bureau of Professional and Occupational Affairs v. Penny Novak Goyette, LPN; Doc. No. 0958-51-08; File No. 07-51-10817

[39 Pa.B. 2072]
[Saturday, April 18, 2009]

   On May 14, 2008, the Commonwealth, Department of State, Bureau of Professional and Occupational Affairs, instituted a formal administrative action against Penny Novak Goyette by filing an Order to Show Cause, before the State Board of Nursing, alleging that she has violated certain provisions of the Practical Nurse Law (63 P. S. §§ 651--667). Under 1 Pa. Code § 33.31 (relating to service by the agency) and Pa.R.C.P. Rule 430 (relating to service pursuant to special order of court; publication), providing for service of process upon Penny Novak Goyette by publication.

Notice

   Formal disciplinary action has been filed against you by way of an Order to Show Cause. You may lose your nursing license, certificate, registration or permit to practice your profession or occupation. You may be subject to civil penalties of up to $1,000 for each violation.

   If you wish to defend against the charges in the Order to Show Cause or to present evidence to mitigate any penalty that may be imposed, the procedures for doing so are explained in the Order to Show Cause. You may obtain a copy of the Order to Show Cause from Kelly Diller, Prothonotary, Department of State, 2601 North Third Street, Harrisburg, PA 17110, [phone].

   You have the right to retain an attorney. Although you may represent yourself without an attorney, you are advised to seek the help of an attorney. Proceedings are conducted under the 2 Pa.C.S. (relating to Administrative Law and Procedure) and 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedures).

   You are directed to respond to the charges by filing a written answer within 30 days of this notice. If you do not file an answer, disciplinary action may be taken against you without a hearing. To file your answer, you must bring or send an original and three copies of your answer and any pleadings or other documents related to this matter to the following address: Kelly I. Diller, Prothonotary, Department of State, 2601 North Third Street, Harrisburg, PA 17110.

   You must also send a separate copy of your answer and any other pleadings or documents related to this case to the prosecuting attorney named in the Order to Show Cause.

ORDER GRANTING COMMONWEALTH'S PETITION FOR ALLOWANCE TO OBTAIN SERVICE BY PUBLICATION

   And Now, April 1, 2009, the State Board of Nursing (Board), upon consideration of the Commonwealth's petition for allowance to obtain service by publication, hereby Orders, that the Commonwealth's petition is Granted. The Commonwealth is authorized to serve Respondent by publication of a legal notice in the Pennsylvania Bulletin and in the legal notice section of a newspaper of general circulation within the county of Respondent's last known address in Johnson City, NY.

By Order:

State Board of Nursing

ANN L. O'SULLIVAN, Ph.D., FAAN, CRNP,   
Chairperson

Respondent's Address:	Penny Novak Goyette, LPN 4 Onondaga Street Johnson City, NY 13790
Prosecuting Attorney:	Alvina R. Forthner, Esquire
Board Counsel:	Beth Sender Michlovitz, Esquire
Date of Mailing:	April 1, 2009

[Pa.B. Doc. No. 09-728. Filed for public inspection April 17, 2009, 9:00 a.m.]