ALJDEC decisions subject to certification as final

19F-152-REL · Department of Real Estate · 2019-01-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 3, 2019 APPEARANCES: Petitioner Cole J. Williamson (Petitioner) did not appear. The Arizona Department of Real Estate (Department) was represented by Assistant Attorney General Deian Ousounov. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________ FINDINGS OF FACT On or about February 3, 2014, the Department issued Salesperson License No. SA647679000 to Petitioner. That license was summarily suspended on October 24, 2018, and expires on February 29, 2020. On or about October 2, 2018, Petitioner pled no contest to and was convicted of Assault with a Deadly Weapon and Great Bodily Injury, a felony, in the Superior Court of California, County of Los Angeles, case number NA108828. Petitioner was sentenced to 180 days in jail and three years of formal probation. Petitioner submitted a timely disclosure of the conviction to the Department. The Department issued an Order of Summary Suspension and Notice of Opportunity for Hearing (Order) on October 24, 2018. On or about November 9, 2018, the Department received a letter from Petitioner’s attorney appealing the summary suspension of his license. The Department argued that Petitioner’s conduct constituted violations of A.R.S. § 32-2153(B)(2) and A.R.S. § 32-2153(B)(10)[1] and warranted the revocation of his license. Petitioner did not appear at the hearing, so he did not present any evidence in support of his license. CONCLUSIONS OF LAW The Commissioner has jurisdiction over Petitioner 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 Petitioner was convicted in a court of competent jurisdiction of Assault with a Deadly Weapon and Great Bodily Injury, a felony, within the meaning of A.R.S. § 32-2153(B)(2). At the time, of the summary suspension, Petitioner was on probation for that conviction. Therefore, the imposition of a summary suspension was warranted. The Department established it had grounds to revoke Petitioner’s license pursuant to A.R.S. § 32-2153(B)(2) and A.R.S. § 32-2153(B)(10). RECOMMENDED ORDER IT IS ORDERED upholding the summary suspension issued by the Department. IT IS FURTHER ORDERED revoking Cole J. Williamson’s License No. SA647679000. 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, January 14, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner Arizona Department of Real Estate ----------------------- [1] A.R.S. § 32-2153(B) provides, in pertinent part, 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 when it appears that the holder or applicant has: . . . . 2. Been convicted in a court of competent jurisdiction in this or any other state of a felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral turpitude or any other like offense. . . . . 10. Violated any federal or state law . . . that involves . . . violence against another person.

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