Does the board of Registered Nursing give stipulated settlement before or after looking at the mitigation?
As I received statement of issues from the board, in which it said stipulated settlement may be possible. Also the board is allowing me to take the NCLEX in the meantime. My attorney told me that the Board will not give me the settlement, but when I talked to the AG, she said that i will have to turn in the mitigation for them to consider the settlement route. That is why I am wondering, if the board can adopt the no settlement policy without even considering the mitigation
Nathan’s Answer
I am concerned that you are relying on the AG to receive legal advice. I am also concerned that the AG is corresponding with you if you have counsel. It is critical to file a Notice of Defense if one has not been filed already. It is also critical to pow wow with experienced counsel, or your counsel if you have one at present, to figure out a strategy on how settlement, if that is in your best interest, should be addressed. Has your counsel explained "why" the Board will not give you settlement? Mitigation evidence if offered, should be presented in a legally compelling manner but you'll have to overcome the threshold question of why your counsel, if any, believes settlement is not forthcoming.