ALJDEC decisions subject to certification as final

17F-DI-225-REL · Department of Real Estate · 2017-11-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate Salesperson License of:

WANDA SNOW HOUSE, holder of license number SA535449000,

Respondent.

No. 17F-DI-225-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 8, 2017

APPEARANCES: Respondent Wanda Snow House did not appear at the hearing. The Arizona Department of Real Estate was represented by Assistant Attorney General Ryan Krench.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

On or about August 9, 2002, the Arizona Department of Real Estate (Department) issued Salesperson License No. SA535449000 to Wanda Snow House (Respondent). That license expires on August 31, 2018.

On March 27, 2017, Respondent was convicted of Leaving the Scene of a Serious Injury Accident, a Class 5 Felony, in Maricopa County Superior Court, case number CR2015-002861. The offense occurred on January 14, 2015, and resulted in the death of the victim. Respondent was sentenced to 90 days of incarceration and a probation term of three years.

Respondent disclosed the conviction to the Department through her attorney in a letter dated April 3, 2017.

The Department sent Respondent an Order of Summary Suspension and Notice of Opportunity for Hearing (Order) on April 10, 2017.

Respondent appealed the Order on April 11, 2017. The Notice of Appeal of Order of Summary Suspension was filed and signed by Richard V. Mack and Evan P. Schube, noted as attorneys for Respondent. The filing also provided that Respondent “requests that all communication be directed to: Manning & Kass Ellrod, Ramirez, Trester LLP, Attn: Rick Mack, 3636 North Central Avenue, 11th Floor, Phoenix, Arizona 85012.”

This matter was set for hearing at the Office of Administrative Hearings to convene on June 1, 2017. On May 26, 2017, Mr. Mack filed a Stipulation to Continue Hearing due to scheduling conflicts. The matter was continued to August 2, 2017, and an order granting continuance was sent to Mr. Mack advising him of the new hearing date. On July 28, 2017, Mr. Mack filed a Motion to Continue Hearing because the underlying matter was still pending. The matter was continued to 1:30 p.m. on November 8, 2017, and an order granting continuance was sent to Mr. Mack advising him of the new hearing date.

On September 21, 2017, the Maricopa County Superior Court revoked Respondent’s probation and Respondent was ordered committed to the Arizona Department of Corrections for a period of 1.5 years from September 20, 2017.

On October 24, 2017, Mr. Mack filed a Notice of Non-Representation in which Mr. Mack asserted that Respondent “has not retained this firm nor counsel undersigned to defend her in the above referenced matter. Accordingly, we will take no action on her behalf in connection with the above-referenced Department of Real Estate Complaint.” Mr. Mack copied Respondent on the filing via two different email addresses.

On October 24, 2017, the Office of Administrative Hearings forwarded the order granting continuance that set the hearing for November 8, 2017, to Respondent at the email addresses Mr. Mack included on the Notice of Non-Representation.

The hearing convened at approximately 1:46 p.m. on November 8, 2017. Respondent did not appear personally or through an attorney.

The Department argued that Respondent’s conduct constituted violations of A.R.S. § 32-2153(A)(3); A.R.S. § 32-2153(B)(2); and A.R.S. § 32-2153(B)(7) and warranted the revocation of her license.

By failing to appear, Respondent did not present any evidence or legal argument to refute or rebut the evidence or legal arguments presented by the Department in support of discipline in this matter.

CONCLUSIONS OF LAW

The Commissioner has jurisdiction over Respondent and the subject matter in this case.

Pursuant to A.R.S. § 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Department has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. See A.A.C. R2-19-119(A).

A.R.S. § 32-2157(C) provides, in pertinent part, as follows:

The department may issue a summary suspension when the department receives notice that a person licensed pursuant to this chapter has been convicted of a felony offense and is currently incarcerated for the conviction, paroled or under the supervision of a parole or community supervision officer or is on probation as a result of the conviction. This subsection does not limit the commissioner's authority to seek revocation of a license or other disciplinary action pursuant to this chapter.

The evidence of record established that Respondent was convicted in a court of competent jurisdiction of Leaving the Scene of a Serious Injury Accident, a Class 5 Felony, within the meaning of A.R.S. § 32-2153(B)(2). At the time, of the summary suspension, Respondent was on probation for that conviction. Therefore, the imposition of a summary suspension was warranted.

The Department established it had grounds to revoke Respondent’s license pursuant to A.R.S. § 32-2157(C); A.R.S. § 32-2153(A)(3); A.R.S. § 32-2153(B)(2); and A.R.S. § 32-2153(B)(7).

RECOMMENDED ORDER

IT IS ORDERED upholding the summary suspension issued by the Department.

IT IS FURTHER ORDERED revoking Wanda Snow House’s License No. SA535449000.

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 shall be five days from the date of the certification.

Done this day, November 9, 2017

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate