Vacate

10F-DI-819-REL · Department of Real Estate · 2011-07-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to A.A.C. R4-28-1304, the Department of Real Estate has revoked the Respondent’s license because the Respondent has failed to file a response to the Department’s allegations. Therefore, unless the Respondent files a signed motion to vacate the default within 15 days of receiving a copy of this mailing, the revocation of the Respondent’s license shall become permanent. The relevant rule is set forth below:

R4-28-1304. Response; Default A. A response shall specifically admit, deny, or state that the party does not have, or is unable to obtain, sufficient information to admit or deny each allegation in the complaint. A statement of a lack of information shall have the effect of a denial. Any allegation not denied is deemed to be admitted. When a party intends in good faith to deny only a part of an allegation, the party shall admit so much of it as is true and shall deny the remainder. B. If the party fails to file a response or after being served notice, fails to appear at a hearing within the time provided by the statute under which the hearing is commenced, the Department may file an Affidavit of Default against the party, and proceed to take action against the party based upon the allegations of the charges. This action may be taken before the hearing date established in the Notice of Hearing. The party may file a motion to vacate the default and any action taken by the Commissioner within 15 days after receiving a copy of the default and the action or order by the Commissioner. For good cause, the Commissioner may vacate a default and any action taken and reschedule a hearing. C. Every response filed pursuant to this Section shall be signed by the filing party or by at least one attorney, in the attorney's individual name, who represents the party, and shall be verified.

Done this day, July 19, 2011.

_________________________________ Dorinda M. Lang Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2011 to:

Judy Lowe, Commissioner Arizona Department of Real Estate 2910 North 44th Street, Room 100 Phoenix, AZ 85018

Todd Tarson 3831 Walleck Ranch Road Kingman, AZ 86409

Todd Tarson 902 Stockton Hill Road Kingman, AZ 86401

Lynette Evans, Esq. Office of the Attorney General 1275 West Washington Phoenix, AZ 85007

By _______________________________

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