ALJDEC

01F-A001019-BFS · Department of Building and Fire Safety · 2001-04-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 6, 2001 at 1:30 p.m. APPEARANCES: The Applicant appeared on his own behalf. The Arizona Department of Building and Fire Safety (“Department” herein) appeared through Assistant Attorney General, Marjorie Becklund. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ Evidence was introduced and testimony was given and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. On December 20, 2000, the Assistant Director of the Department of Building and Fire Safety revoked the Applicant’s application for a sales license received by the Department on September 1, 2000. 2. On January 5, 2001, the Applicant filed an appeal of the agency action revoking his sales license. 3. The Department revoked the applicant’s sales license on the basis that the Applicant failed to prove himself to be of good character and reputation as required by A.R.S. §41-2145.E. 4. There is no dispute that the Applicant was convicted of four (4) felony counts of “Making False Statement” on September 9, 1997. 5. Credible evidence, produced at hearing, established that the Applicant was sentenced to five (5) years of supervised probation and ordered to pay restitution in the total sum of $90,483. The Applicant is in compliance with his conditions of probation including restitution. The Applicant is scheduled to complete his probation on March 13, 2003. 6. The Applicant asserts on appeal that he checked with the Department prior to applying for his sales license and that he was assured that a prior felony conviction would not preclude him from obtaining a sales license and that if he had been informed of any problems that might prevent him from obtaining a sales license that he would not have applied. 7. Credible evidence established that if a licensee had committed any of the four felonies that the Applicant has been convicted of that such conviction would be grounds for the suspension or revocation of any license issued by the Department. 8. The credible evidence of record established that the Department’s actions, in revoking the Applicant’s sales license for the Applicant’s failure to prove himself to be of good character and reputation based upon the Applicant’s four (4) felony convictions and based upon the fact that the Applicant will not complete his supervised probation until March 13, 2003, were reasonable and justified under the circumstances of this matter. CONCLUSIONS OF LAW 1. The Arizona Department of Building and Fire Safety has the discretion to determine the propriety of the issuance of any license after a full and complete consideration and evaluation of all the evidence as to the character, reputation and abilities of an applicant. 2. A.R.S. §41-2175.E, provides in pertinent part, as follows: “Lack of good character and reputation may be established by showing that such person has committed any act which, if committed by any licensee, would be grounds for suspension or revocation of such license. 3. Credible testimony and evidence, presented at hearing, established that the Department’s prior actions in revoking the Applicant’s sales license were reasonable and justified under the circumstances of this matter. RECOMMENDED ORDER Based upon the foregoing Findings of Fact, and Conclusions of Law, it is RECOMMENDED that the Director of the Arizona Department of Building and Fire Safety affirm the actions of the Department in revoking the Applicant’s sales license based upon the Applicant’s failure to prove himself to be of good character and reputation and that the Applicant’s appeal be denied and dismissed. Done this day, April 20, 2001.

________________________________ M. Douglas Administrative Law Judge

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

N. Eric Borg, Director Department of Building and Fire Safety ATTN: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488