ALJDEC decisions subject to certification as final
17F-DI-259-REL · Department of Real Estate · 2017-08-22
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Real Estate License of:
BRADLEY, MICHAEL ALONZO THOMAS, License Number SA654777000,
Respondent.
No. 17F-DI-259-REL
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 8, 2017
APPEARANCES: Michael Alonzo Thomas Bradley on his own behalf; Ryan Krench, Esq. for the Department of Real Estate
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
_____________________________________________________________________
FINDINGS OF FACT
On June 29, 2017, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing and Complaint setting this matter for hearing on August 8, 2017 at the Office of Administrative Hearings in Phoenix, Arizona. On July 19, 2017, the Department issued a Notice of Errata to correct the caption.
Respondent Michael Alonzo Thomas Bradly holds license number SA654777000. The license was originally issued on May 6, 2015, it was suspended through an Order dated May 19, 2017, and it expired May 31, 2017.
The Notice of Hearing shows that hearing was being held to determine whether grounds exist to assess a civil penalty against Mr. Bradley. Through the Notice, the Department also asserts that grounds exist to suspend or revoke Mr. Bradley’s license.
The Department alleges that Mr. Bradley violated Ariz. Rev. Stat. sections 32-2153(A)(3), (B)(2), and (B)(7).
Mr. Bradley appeared and testified on his own behalf. The Department presented the testimony of Investigator Tom Adams.
On March 22, 2017, Mr. Bradley pleaded guilty to possession of drug paraphernalia, a class 6 felony. Among other things, Mr. Bradley was sentenced to eighteen months’ probation.
Mr. Bradley reported his felony conviction to the Department.
On May 19, 2017, the Department issued to Mr. Bradley an Order of Summary Suspension and Notice of Opportunity for Hearing.
Mr. Bradley did not file a Notice of Appeal contesting the Summary Suspension, and the deadline by which to do so has passed. Mr. Bradley did not understand that he was required to file an appeal if he wanted to contest the summary suspension.
The Department suspended Mr. Bradley’s license because he has been convicted of a class 6 felony and because he is on probation. For these same reasons, the Department now seeks to revoke his license.
Mr. Bradley does not dispute that he was convicted of a felony or that he is on probation. Mr. Bradley testified however that he did not believe that the conviction shows that he is a person of bad character and he asserted that he is not of bad character.
Mr. Bradley testified as to struggles he has had since his son died in October 2014. In effect, he requests that no additional action be taken, which he thought would allow him a chance to regain a license after his probation ends without a need to repeat the required educational work.
CONCLUSIONS OF LAW
The Department bears the burden of persuasion. Ariz. Rev. Stat. §§ 41-1092.07(G)(2) and (G)(3).
The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
A preponderance of the evidence is:
The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Black’s Law Dictionary 1373 (10th ed. 2014).
Mr. Bradley has been convicted of a felony which is a violation of Ariz. Rev. Stat. sections 32-2153(B)(2) and (A)(3).
In addition, Mr. Bradley’s felony conviction is prima facie evidence showing that Mr. Bradley is not a person of honesty, truthfulness and good character within the meaning of Ariz. Rev. Stat. section 32-2153(B)(7). Mr. Bradley presented no substantial evidence to rebut that prima facie showing.
Based on the proven violations Ariz. Rev. Stat. section 32-2153, the Department has authority to revoke Mr. Bradley’s license. See Ariz. Rev. Stat. § 32-2153(E).
Considering that Mr. Bradley is on probation for a felony and that his license is currently suspended and expired, the Department’s decision to revoke Mr. Bradley’s license is appropriate.
ORDER
IT IS ORDERED that Michael Alonzo Thomas Bradly’s License No. SA654777000 is revoked.
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 is five days after the date of that certification.
Done this day, August 22, 2017
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Judy Lowe, Commissioner
Arizona Department of Real Estate