ALJDEC decisions subject to certification as final

19F-091-REL-RES · Department of Real Estate · 2019-05-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 30, 2019 APPEARANCES: No one appeared for Respondent; Deian Ousounov, Esq. for the Department of Real Estate ADMINISTRATIVE LAW JUDGE: Thomas Shedden FINDINGS OF FACT 1. On March 21, 2019, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing and Complaint setting the above-captioned matter for hearing at 1:00 p.m. on April 30, 2019 at the Office of Administrative Hearings in Phoenix, Arizona. 2. The Notice of Hearing provided that hearing was being held to determine whether grounds exist to revoke or suspend Respondent Kevin C. Green’s License No. SA582659000. 3. Mr. Green’s license was summarily suspended on September 12, 2018, and it lapsed on March 31, 2019. 4. No representative for Mr. Green appeared at the scheduled hearing time and the matter was convened in his absence at about 1:16 p.m. 5. The Department presented the testimony of senior investigator Wayne Jackson. 6. Through a notification dated July 17, 2018, the Maricopa County Superior Court informed the Department that on that date Mr. Green had been convicted of Securing the Proceeds of an Offense, a Class 6 undesignated felony. 7. Mr. Green was required to notify the Department of that conviction within ten days, but he failed to do so. 8. Mr. Green’s conviction resulted from his entering a contract to perform construction services when he was not a licensed contractor. Mr. Green did not complete the work and the victim suffered a large financial loss. 9. The Arizona Registrar of Contractors determined that Mr. Green contracted without a license. 10. Mr. Green pleaded guilty to, and was convicted of, Secure Proceeds of Offense, a Class 6 undesignated felony. On July 17, 2018 he was sentenced to eighteen months of probation beginning on that date. As of the hearing date, Mr. Green was still on probation. 11. Mr. Green provided the Department with a written statement regarding his conviction. In that statement, Mr. Green wrote that he did not believe he was guilty of the crime to which he pleaded guilty, and that he was as much victim in the matter as the owners of the hotel that was the subject of the construction. 12. Mr. Jackson testified to the effect that Mr. Green’s conviction resulted from fraudulent behavior on his part. 13. The Department alleges that Mr. Green violated Ariz. Rev. Stat. sections 32-2153(A)(3), (B)(2), (B)(5) and (B)(10), and Ariz. Admin. Code section R4-28-303(D). 14. The Department requested that Mr. Green’s license be revoked. CONCLUSIONS OF LAW 1. The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(2). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119. 3. 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).

4. The preponderance of the evidence shows that Mr. Green has been convicted Secure Proceeds of Offense, a Class 6 undesignated felony, which is a violation Ariz. Rev. Stat. sections 32- 2153(B)(2), (B)(5) and (B)(10). 5. The preponderance of the evidence shows that Mr. Green failed to notify the Department of his conviction within ten days of that conviction, which is a violation of Ariz. Admin. Code section R4- 28-303(D). 6. By virtue of his violations of statute and rule, Mr. Green has also violated Ariz. Rev. Stat. section 32-2153(A)(3). 7. Based on the proven violations, the Department has authority to revoke Mr. Green’s license. Ariz. Rev. Stat. §§ 32-2153(A), (B) and (F). 8. Considering the facts and circumstances of this matter, Mr. Green’s license should be revoked. See Ariz. Rev. Stat. §§ 32- 2124(M), 32-2130(I). ORDER IT IS ORDERED that Kevin C. Green’s License No. SA582659000 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, May 17, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner Arizona Department of Real Estate -----------------------

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