ALJDEC decisions subject to certification as final
18F-DI-115-REL · Department of Real Estate · 2018-01-10
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Original Application for Cemetery Salesperson License of:
SABRINA PRICE, holder of license number SA674761000 (Candidate),
Petitioner.
No. 18F-DI-115-REL
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 21, 2017
APPEARANCES: Sabrina Price on her own behalf; Ryan Krench, Esq. for the Department of Real Estate
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
_____________________________________________________________________
FINDINGS OF FACT
On November 15, 2017, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing setting the above-captioned matter for hearing on December 21, 2017 at the Office of Administrative Hearings in Phoenix, Arizona.
The Notice of Hearing provided that hearing was being held to determine whether grounds exist to affirm the Department’s decision to deny Petitioner Sabrina Price’s application for a cemetery salesperson’s license.
Through the Notice of Hearing, the Department alleges that Ms. Price has violated Ariz. Rev. Stat. sections 32-2153(B)(3), (B)(4), (B)(5), (B)(7), and (B)(10).
The Department presented the testimony of Auditing and Investigations Manager Robin King. Ms. Price appeared and testified on her own behalf.
On October 3, 2017, the Department received Ms. Price’s application for a cemetery salesperson’s license.
In her application, Ms. Price disclosed that she had had a professional license suspended, restricted or revoked, and that there was an administrative action pending against her.
Ms. Price is licensed as an attorney in New Mexico; as of the hearing date, her license had been suspended.
On February 28, 2014, the Arizona Supreme Court’s Office of the Presiding Disciplinary Judge issued a Report and Order Imposing Sanctions against Ms. Price (the “PDJ Report”).
Ms. Price did not appeal the PDJ Report, and on March 21, 2014, the Office of the Presiding Disciplinary Judge issued a Final Judgment and Order in the matter.
The PDJ Report shows that at the times relevant to that matter, Ms. Price regularly practiced in Arizona in the area of immigration law.
The PDJ Report shows that the State Bar of Arizona filed a complaint against Ms. Price on September 3, 2013 and that effective October 1, 2013 a default judgment was entered against her.
The PDJ Report shows that Ms. Price committed numerous ethical violations in each of eight charged counts. The tribunal found that Ms. Price had acted with a dishonest or selfish motive; that she engaged in a pattern of misconduct; that she exhibited bad faith obstruction of the disciplinary proceedings; that she submitted false evidence, false statements or engaged in other deceptive practices during the process; that she refused to accept responsibility for her actions; that the victims of her conduct were vulnerable; and that she refused to make refunds to clients without justification.
The PDJ Report shows that disbarment would be the presumptive sanction, but because Ms. Price was not a member of the State Bar, that tribunal’s authority was limited to issuing a reprimand.
Ms. Price was ordered to make restitution to seven clients. At the hearing in this matter, Ms. Price presented no evidence to show that she had made any attempts to begin paying the required restitution.
In an Order dated June 18, 2014, the Supreme Court of the State of New Mexico accepted and adopted the findings of the PDJ Report, and indefinitely suspended Ms. Price from the practice of law, with a five-year minimum term of suspension.
Ms. Price acknowledged that the PDJ Report and the New Mexico Supreme Court’s Order were conclusive and binding on this tribunal. She nevertheless argued that she had viable defenses to the charges against her and asserted that it was the fault of her attorney that she was found to be in default in the Arizona Supreme Court’s disciplinary matter.
CONCLUSIONS OF LAW
Ms. Price bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(1).
The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119(A).
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).
The PDJ Report shows that while representing clients in Arizona, Ms. Price made substantial misrepresentations and false promises, that she engaged in dishonest dealings, and that she violated the Supreme Court’s ethical rules. These actions are violations of Ariz. Rev. Stat. sections 32-2153(B)(3), (B)(4), (B)(5) and (B)(10). These actions also show that Ms. Price is not a person of honesty, truthfulness and good character within the meaning of Ariz. Rev. Stat. section 32-2153(B)(7).
Consequently, the Department’s Commissioner has authority to deny Ms. Price’s application.
Ms. Price has not met the burden of proof to show that the decision to deny her application should be reversed.
ORDER
IT IS ORDERED that Sabrina Price’s 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 is five days after the date of that certification.
Done this day, January 10, 2018
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Judy Lowe, Commissioner
Arizona Department of Real Estate