ALJDEC

01A-027-REL · Department of Real Estate · 2001-07-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 18, 2001 APPEARANCES: No one appeared on behalf of the Applicant-Appellant Janet Gustafson, Assistant Attorney General, appeared on behalf of the Arizona Department of Real Estate ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings of Fact 1. This matter came on for hearing at the time, date and place set forth in the Notice of Hearing. 2. The record remained open for twenty minutes but the Applicant-Appellant failed to appear for the hearing and the reason for the non-appearance was unknown. 3. The Arizona Department of Real Estate (Department), was present and prepared to proceed. Conclusions of Law The appeal in this case concerns the Department’s denial of the Applicant- Appellant’s application for a real estate license because of an alleged prior felony conviction involving moral turpitude, dishonest dealings, failure to demonstrate good character, and fraud under A.R.S. §32- 2153(B)(2), (5), (7) and (10). A.R.S. §41-1065 provides in pertinent part that in a hearing on the denial of a license or permit, the burden of proof and going forward is on the applicant. 1. The Applicant having failed to appear, no evidence was presented which would show that the Department’s decision to deny the application for a real estate license was legally flawed or otherwise inappropriate. 2. The Applicant failed to meet the burden set forth by A.R.S. §41-1065. Recommended Order In view of the foregoing it is recommended that Department’s decision to deny Robert Iverson’s application for a real estate license be affirmed and the appeal of said decision be denied.

Done this day, July 18, 2001

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Department of Real Estate Jerry Holt ATTN: Gloria Konya 2910 North 44th Street, Suite 100 Phoenix, AZ 85018

By ___________________________

-----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826