ALJDEC decisions subject to certification as final

18F-DI-184-REL · Department of Real Estate · 2018-03-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Original Application for Real Estate Salesperson License of:

ISRAEL BOJORQUEZ, holder of license number [number redacted] (Candidate),

Petitioner.

No. 18F-DI-184-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 8, 2018

APPEARANCES: Petitioner Israel Bojorquez appeared on behalf of himself. Assistant Attorney General Ryan Krench appeared on behalf of the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

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FINDINGS OF FACT

1. The Arizona Department of Real Estate (“Department”) received an application for a real estate salesperson’s license from Petitioner Israel Bojorquez

(“Mr. Bororquez”). Mr. Bororquez signed the application on July 31, 2017.

2. Mr. Bororquez submitted a Disciplinary Actions Disclosure form (hereinafter “disclosure form”) with the application. Mr. Bororquez signed the disclosure form on December 8, 2017. Mr. Boroquez disclosed that he had been convicted of several misdemeanors.

3. On or about May 23, 2014 Mr. Bororquez was convicted of Failure to Appear 2nd Degree, a misdemeanor, in Tucson Municipal Court. Mr. Bororquez’s owes $1,005.55 to the Court and Mr. Bororquez’s license was suspended for failure to pay the assessed fines and fees.

4. On or about May 23, 2014, Mr. Bororquez was convicted of Driving with a License Suspended/Revoked/Cancelled, a misdemeanor in Tucson Municipal Court. Mr. Bororquez was assessed fines and fees. As of October 5, 2017, Bojorquez owed the court a balance of $600.95.

5. On or about November 20, 2014, Mr. Bororquez was convicted of Driving with a License Suspended/Revoked/Cancelled, a misdemeanor in Tucson Municipal Court. Mr. Bororquez was required to choose between performing 45 hours of community service by February 27, 2015, or paying a $450 fine.

6. On or about June 20, 2017, Mr. Bororquez was convicted of Driving with a License Suspended/Revoked/Cancelled, a misdemeanor in Oracle Justice Court.

Mr. Bojorquez was sentenced to community restitution.

7. On or about December 26, 2017, the Department issued a notice denying Mr. Bororquez’s application. The December 26, 2017 notice provides in relevant part as follows:

The Arizona Department of Real Estate (“the Department”) has reviewed your application for Original Real Estate Salesperson’s license and has determined that you do not meet the qualifications for licensure pursuant to A.R.S. §§ 32-2123, 32-2124 and 32-2153. This conclusion is based in part, but not exclusively, on your nine (9) misdemeanor convictions from 2009 through 2017. The Department considers your conduct to have violated Arizona Revised Statues and/or Arizona Administrative Code, including, without limitation: A.R.S. § 32-2153(B)(7).

8. Mr. Bororquez filed a timely appeal to the denial.

9. A hearing was held on March 8, 2018. Mr. Bororquez testified on his own behalf, and submitted exhibits A through D. The Department presented the testimony of Brandon Stuart, Senior Investigator for the Department, and submitted exhibits 1 through 11.

10. Mr. Bororquez testified the he is a changed man. Mr. Bororquez also testified that he is committed to helping others and has given his life to Jesus Christ. Mr. Bororquez testified that he is active in the church and he was going through a challenging breakup at the time that he committed the misdemeanors. Mr. Boroquez testified that he has worked as a university advisor at Brookline College and a Coach for a YMCA basketball team.

11. Mr. Bororquez testified that he is agreed to a payment plan to pay back the money that he owes the Court. See Exhibit D.

12. Mr. Bororquez submitted letters of character from Javier Baca, Rodney Fitzsimmons and Adam Lehrling in support of his appeal of the denial determination.

13. Javier Baca, Chief Information Officer for the Sunnyside Unified School district No. 12, wrote that he has known Mr. Bororquez for three years and that Mr. Bororquez is a committed and caring community leader. Mr. Baca’s April 25, 2017 letter provides, in relevant part, “Israel’s positive contributions to the Tucson community have not been limited to his youth basketball club coaching. I can also attest to his integrity and work-ethic as I witnessed him dedicate himself to the pursuit of his real estate license.”

14. Rodney Fitzsimmons, the Campus Director of Southwest Truck Driver Training, wrote that he was Mr. Bororquez’s supervisor at Brookline College and that Mr. Bororquez is an “enthusiastic person that inspires people around him.”

15. Adam Lehrling, a Realtor at TELECO Realty, wrote David Garr, the Regional Director for Willis Consulting Inc., wrote that he met Mr. Bororquez when they signed their sons up for the YMCA basketball team. Mr. Lehrling wrote that after he informed Mr. Bororquez of his son’s struggle with ADHD, PDD and other issues, Mr. Bororquez helped his son (“J”) develop and sense of personal responsibility. Mr. Lehrling wrote, “He took [J] under his swings and has helped him thrive.”

16. The Department’s position was that Mr. Bororquez failed to establish by a preponderance of the evidence that he has changed his character.

CONCLUSIONS OF LAW

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

Pursuant to Ariz. Rev. Stat. section 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Petitioner 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).

Ariz. Rev. Stat. section 32-2153 provides as follows:

B. The commissioner may suspend or revoke a license, deny the issuance of a license, issue a letter of concern to a licensee, issue a provisional license or deny the renewal or the right of renewal of a license issued under this chapter if it appears that the holder or applicant has:

* * *

7. Not shown that the holder or applicant is a person of honesty, truthfulness and good character.

* * *

9. Violated the terms of any criminal or administrative order, decree or sentence.

* * *

4. The Department’s concern in this case is legitimate and well-founded.

A person with a criminal record must be given close scrutiny and careful consideration when he applies for a professional license.

5. The concern of the Department is essential and legitimate in light of the Petitioner’s past misdemeanor convictions and outstanding fees owed to the Court.

6. Petitioner contended that he currently is a person of good character. In

support of that contention, Petitioner testified on his own behalf and he presented three character letters.

7. Although Petitioner offered two character letters, the Petitioner did not

provide any character witnesses.

8. The above-mentioned letters of character authored by Mr. Baca, Mr. Fitzsimmons and Mr. Lehrling are given little weight because Mr. Nolan, Mr. Fitzsimmons and Mr. Lehrling were not present to be questioned by the Department’s counsel or by the Administrative Law Judge and could not be observed by the Judge.

9. Petitioner’s criminal past is not a permanent bar to being licensed. However, the Petitioner has the burden of proving by the preponderance of the evidence that he has resolved the issues that led to the commission of the misdemeanors to establish that he has sufficient good character and reputation to satisfy the statutory requirement for licensure as a real estate salesperson.

10. Petitioner failed to meet his burden of proof to establish that he has sufficient good character and reputation to satisfy the statutory requirement for licensure in this matter. Consequently, this Tribunal concludes that Petitioner’s application for licensure should be denied.

RECOMMENDED ORDER

Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends to the Arizona Department of Real Estate Commissioner that this appeal be denied.

Done this day, March 28, 2018.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate