ALJDEC decisions subject to certification as final

19F-086-REL · Department of Real Estate · 2018-12-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 20, 2018 APPEARANCES: Petitioner Reuben V. Macias did not appear. Assistant Attorney General Deian Ousounov appeared on behalf of the Arizona Department of Real Estate. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson ____________________________________________________________________ FINDINGS OF FACT 1. On October 16, 2018, the Arizona Department of Real Estate issued a “Notice of Hearing” setting the above-captioned matter for hearing at 1:00 p.m. on November 20, 2018, at the Office of Administrative Hearings in Phoenix, Arizona. 2. In the Notice of Hearing, the Department alleged that Respondent Reuben V. Macias violated Ariz. Rev. Stat. (“A.R.S.”) §§ 32-2153(A)(3) and (B)(2); A.A.C. R4-28- 303(D)(1). 3. No representative for Mr. Macias appeared and the hearing was convened in his absence. The Department presented the testimony of its Investigator, Wayne L. Jackson, and submitted exhibits 1 through 8. 4. On March 21, 2011, the Department issued real estate salesperson license SA630644000 to Reuben V. Macias. See Exhibit 1. The license expires on March 31, 2019. See id. 5. On January 12, 2015, Mr. Macias signed an accelerated settlement agreement and order wherein Mr. Macias acknowledged that he failed to notify the Department within ten days of his July 31, 2014 Driving under the Influence (“DUI”) Conviction.[1] 6. On August 8, 2018, Mr. Macias plead guilty to and was convicted of Endangerment, a class 6 felony, and Driving under the Influence, a misdemeanor. See Exhibit 4. Mr. Macias was sentenced to 4 months in jail and placed on supervised probation for 2 years. See Exhibits 4 and 5. 7. Mr. Macias did not disclose the conviction to the Department. 8. On September 11, 2018, the Department summarily suspended Mr. Macias’s real estate salesperson’s license. See Exhibit 7. 9. On or about September 26, 2018, Mr. Macias filed a request for an appeal. See Exhibit 8. Mr. Macias stated in his appeal request that he was incarcerated at Durango Jail and that his standard probation would start on December 8, 2018. 10. A hearing was held on November 20, 2018. CONCLUSIONS OF LAW 1. The Department bears the burden of persuasion. A.R.S. § 41- 1092.07(G). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. A.A.C. R2-19-119. 3. A preponderance of the evidence is “[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990). 4. The Department established by a preponderance of the evidence that Mr. Macias violated A.R.S. §§ 32-2153(A)(3), (B)(2) and A.A.C. R4-28- 303(D)(1). 5. Considering the facts and circumstances of this matter, it is appropriate for the Commissioner to revoke Mr. Macias’s License.

ORDER IT IS ORDERED that Reuben V. Macias’s License No. SA630644000 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, December 7, 2018.

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner Arizona Department of Real Estate

----------------------- [1] Mr. Macias acknowledged in the order that he disclosed the July 31, 2014 to the Department on October 9, 2014.

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