ALJDEC decisions subject to certification as final

18F-DI-238-REL · Department of Real Estate · 2018-05-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate Salesperson License of:

MAES IV, ROMAN, holder of license number SA581579000,

Petitioner.

No. 18F-DI-238-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 1, 2018

APPEARANCES: Petitioner Roman Maes IV appeared on his own behalf. 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 May 22, 2007, Roman Maes IV (Respondent) signed a Consent Order with the Arizona Department of Real Estate (Department) in which he acknowledged four misdemeanor convictions, a probation violation, and an order of protection violation that occurred in New Mexico during the years 2000 through 2002.

On or about May 25, 2007, the Department issued Salesperson License No. SA581579000 to Respondent. That license is suspended and expires on May 31, 2019.

On or about November 17, 2017, Respondent entered a plea of guilty to and was convicted of Attempt to Commit Aggravated Assault, a class 6 undesignated felony, in Maricopa County Superior Court, case number CR2017-143826. The offense occurred on September 23, 2017. Respondent was sentenced to supervised probation for a term of two and a half years.

On or about December 19, 2017, the Department sent a letter to Respondent requesting a written statement regarding the conviction and why he failed to timely disclose the conviction. He was given until January 5, 2018, to submit a response. The Department did not receive a response from Respondent by the deadline.

The Department issued an Order of Summary Suspension and Notice of Opportunity for Hearing (Order) on February 21, 2018.

Respondent appealed the Order on March 15, 2018.

The Department argued that Respondent’s conduct constituted violations of A.R.S. § 32-2153(A)(3); A.R.S. § 32-2153(B)(2); A.R.S. § 32-2153(B)(7); A.R.S. § 32-2153(B)(10); and A.A.C. R4-28-303(D) and warranted the revocation of his license.

At hearing, Respondent testified that he was going through marital issues including a child custody fight at the time of the incident. Respondent stated that he had 14 years of sobriety when he had a relapse and drank too much. While driving down the interstate, a car swerved into his lane, hit his car, and took off. Respondent followed the car when the driver raised a gun in the air. Respondent went into a parking lot to call someone when two DPS officers saw his vehicle. Respondent stated that as they followed him, he clipped a car and then hit a tree. Respondent testified that he went through the windshield, the airbags went off, and he blacked out. Respondent stated that when he came to, he thought the car was on fire so he backed up to get away and he hit the push guard of a law enforcement vehicle that was parked behind him to block him in. Respondent testified that he suffered a fractured skull, a broken nose, and four broken ribs, for which he spent a day and a half in the hospital. Respondent then spent 12 days in jail. Respondent acknowledged that he made a mistake and regretted his actions. Respondent stated this was a very humbling experience and he was just asking for a second chance.

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 attempt to Commit Aggravated Assault, a class 6 undesignated 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 evidence of record also established that Respondent failed to report his criminal conviction within 10 days in violation of A.A.C. R4-28-303(D).

The Department established it had grounds to revoke Respondent’s license pursuant to A.R.S. § 32-2153(A)(3); A.R.S. § 32-2153(B)(2); A.R.S. § 32-2153(B)(7); A.R.S. § 32-2153(B)(10); and A.A.C. R4-28-303(D).

RECOMMENDED ORDER

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

IT IS FURTHER ORDERED revoking Roman Maes IV’s License No. SA581579000.

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, May 21, 2018

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate