ALJDEC decisions subject to certification as final

17F-DI-217-REL · Department of Real Estate · 2018-07-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate Salesperson License of:

TRUPIANO, JOSEPH, holder of license number SA666130000,

Respondent.

No. 17F-DI-217-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 11, 2018

APPEARANCES: Respondent Joseph Trupiano did not appear. Assistant Attorney General Ryan Krench appeared on behalf of the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

On June 6, 2018, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing and Complaint (“Notice of Hearing”) regarding this matter setting an administrative hearing to be held with the Office of Administrative Hearings at 1:00 p.m. on July 11, 2018.

The Notice of Hearing contained allegations regarding the conduct of Respondent that the Department contended violated the Arizona real estate laws. Through the administrative hearing process, the Department sought to revoke Respondent’s real estate salesperson’s license.

On April 13, 2017, the Department issued original real estate salesperson license number SA553282000 to Respondent Joseph Trupiano. See Exhibit 4.

4. Mr. Trupiano’s real estate salesperson license is inactive and expires on April 30, 2019. See id.

5. On December 18, 2012, Mr. Trupiano was convicted in Michigan of 3 counts of Manufacturing/Delivery of Marijuana, a felony. See Exhibit 2.

6. Mr. Trupiano disclosed the conviction to the Department. See id.

7. On or about April 11, 2017, Mr. Trupiano entered into a Consent Order with the Department for the 2012 felony conviction in Michigan for 3 counts of Manufacturing/Delivery of Marijuana felony conviction. See Exhibit 3.

8. Under the Consent Order, Mr. Trupiano was issued a two-year provisional license, number SA666130000, under the supervision of an approved practice monitor.

9. The April 2017 Consent Order provides, in relevant part, as follows:

Respondent shall submit sworn quarterly declarations, in a format prescribed by the Department, signed under penalty of perjury and countersigned by Respondent’s Employing/Designated Broker, which each signature being notarized to the Department Compliance Officer, stating that Respondent has been in compliance with all terms of the Consent Order and Provisional License.

10. Although the provisional license became effective on April 12, 2017, the date that the Consent Order was signed by the Commissioner, Mr. Trupiano never activated the license.

11. Mr. Trupiano timely filed Compliance Affidavits, known as Form COM-101, on May 2, 2017, July 7, 2017, and September 25, 2017. However, Mr. Trupiano failed to submit the Compliance Affidavit that was due in February of 2018.

12. On April 2, 2018, the Department issued a Notice of Non-Compliance with Commissioner’s Order to Mr. Trupiano by certified mail. See Exhibit 6. The notice stated that the Department had not received Mr. Trupiano’s quarterly declarations due in February of 2018. See id. The April 2, 2018 notice also provided, in relevant part:

You must submit a current COM-101 by 4/16/2018.

A.R.S.§32-2153 (A)(24) provides that the Commissioner may suspend or revoke a license "if a licensee has violated any condition or term of a Commissioner's Order."

This is to notify you that continued noncompliance with the above Order may result in your case being referred to the Attorney General's Office for further disciplinary action including possible revocation of your license.

13. Mr. Trupiano received the certified mail. However, Mr. Trupiano did not respond to the letter.

14. On April 30, 2018, Jennifer Daley, Compliance Specialist for the Department, sent an electronic mail message (“e-mail”) to Mr. Trupiano informing him that the Department had not received an affidavit from him since September of 2017. The e-mail also provides, in relevant part, as follows:

You are out of compliance with your Consent Order 17F-Dl-217. The Department send you a certified Non Compliance Notice dated April 2,2018. The Notice was delivered and signed for on April 5,2018. If you do not submit your affidavit by 5/2/2018 your file will be turned over to the Attorney General for Revocation of you License.

You can submit your affidavit through www.azre.gov under compliance submissions.

CONCLUSIONS OF LAW

Because at all times relevant to this matter, Mr. Trupiano was subject to the provisions of Title 32, Chapter 20, Arizona Revised Statutes, the Department has jurisdiction over this matter.

Because this matter is disciplinary in nature, the Department bears the burden of proof to establish cause to discipline Respondent’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The Department established by a preponderance of the evidence that Mr. Trupiano failed to comply with the Commissioner’s April 2017 Consent Order.

Therefore, the preponderance of the evidence establishes that Mr. Trupiano

violated a condition or term of the April 2017 Consent Order, in violation of A.R.S. §§ 32-2153(A)(3) and 32-2153(A)(24).

5. The Department established grounds to revoke the license issued to Mr. Trupiano as set forth above, pursuant to A.R.S. §§ 32-2153(A)(3) and (A)(24).

RECOMMENDED ORDER

Based on the foregoing,

It is recommended that on the effective date of the Order entered in this matter, the Commissioner revoke Mr. Trupiano’s real estate salesperson’s license SA666130000.

Done this day, July 31, 2018.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate