ALJDEC decisions subject to certification as final

11F-BD022-BNK · Arizona Department of Financial Institutions · 2011-06-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 30, 2011 APPEARANCES: Jason Darrell Frey did not appear at the hearing; Assistant Attorney General Natalia A. Garrett appeared on behalf of the Arizona Department of Financial Institutions. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Jason Darrell Frey (“Petitioner”) did not present any evidence in support of the appeal of the determination made by the Arizona Department of Financial Institutions denying his application for a loan originator’s license. CONCLUSIONS OF LAW 1. Petitioner has the burden of proof, and the standard of proof on all issues is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence, ( 5 (1960). It is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990). 3. Petitioner, by not appearing on June 30, 2011, when the hearing was to proceed on the merits, failed to sustain the required burden of proof on appeal of the Department’s denial of his application for a loan originator’s license. ORDER In light of the above, the appeal is dismissed. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 5 days from the date of that certification. Done this day, June 30, 2011.

/s/ Lewis D. Kowal Administrative Law Judge

Transmitted electronically to:

Lauren Kingry, Superintendent Arizona Department of Financial Institutions -----------------------

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