Vacate

18F-DI-107-REL · Department of Real Estate · 2019-09-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Arizona Department of Real Estate (“the Department”) moves to vacate the evidentiary hearing in this matter under A.A.C. R4-28-1304 because Respondent Karl A. Keller has failed to file a written answer to the Department’s Complaint and Notice of Hearing.[1] Therefore, IT IS ORDERED vacating the hearing that had been scheduled on September 30, 2019, at 9:00 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Department for further action. Done this day, September 24, 2019.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile September 24, 2019 to:

Judy Lowe, Commissioner Arizona Department of Real Estate 100 N. 15th Avenue, Suite 201 Phoenix, Arizona 85007 Attn: [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] [email redacted]

Deian Ousounov, Esq. Assistant Attorney General 2005 N. Central Ave. Phoenix, AZ 85004 [email redacted]

Karl Keller 13878 W. Post Dr. Surprise, AZ 85374 [email redacted]

By c. serrano ----------------------- [1] A.A.C. R4-28-1304(B) provides in relevant part as follows: 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.

-----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826