ALJDEC decisions subject to certification as final

19F-306-REL · Department of Real Estate · 2019-08-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 26, 2019 APPEARANCES: Respondent did not appear. The Arizona Department of Insurance was represented by Assistant Attorney General Lynette Evans. ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera _____________________________________________________________________ FINDINGS OF FACT 1. On July 26, 2016, the Arizona Department of Real Estate (Department) issued a real estate salesperson license number SA665309000 to Anna M. Combs (Respondent). Respondent’s license is currently suspended and expires July 31, 2020. 2. On February 11, 2019, the Superior Court of Arizona, Maricopa County convicted Respondent of Disorderly Conduct – Weapons/Instrument, a Class 6 Undesignated and Domestic Violence Offense in case number CR2018-138551-001. Respondent was sentenced to 20 months of supervised probation, fines, and fees. 3. On February 19, 2019, Respondent timely disclosed the criminal conviction to the Department. 4. On February 20, 2019, the Department sent Respondent a certified letter requesting that she submit additional information and documentation relating to her disclosed criminal conviction. Respondent was given 30 days to complete the statement and submit it to the Department. Respondent failed to submit the disclosure statement. 5. On February 21, 2019, the Department summarily suspended Respondent’s real estate license, while awaiting a response from Respondent. 6. The Department presented the testimony of Melanie Martinez (Ms. Martinez), Licensing Supervisor, who testified consistently with the facts detailed above. Ms. Martinez testified that Respondent was suspended and severed from her broker. Ms. Martinez stated that, due to the nature of the conviction and Respondent’s failure to respond to the Department’s disclosure statement, there was a concern of Respondent’s moral turpitude. CONCLUSIONS OF LAW 1. This matter lies within the Department’s jurisdiction.[1] 2. The Department bears the burden of proof to establish by a preponderance of the evidence, that discipline is warranted.[2] “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”[3] 3. A.R.S. § 32-2153 provides in pertinent part that: The Commissioner has jurisdiction to deny, suspend, or revoke a broker or salesperson’ license for violations of rules and regulations.

4. A.R.S. § 32-2153(B) provides, in pertinent part, as follows: The commissioner may suspend or revoke a license . . . when it appears that the holder . . . has: 1. Been convicted in a court of competent jurisdiction in this or any other state of a felony . . . . 10. Violated any federal or state law, regulation or rule that . . . involves violence against another person . . . . 11. Failed to respond in the course of an investigation or audit by providing documents or written statements.

5. The evidence established by a preponderance of the evidence that Respondent was convicted of a felony involving violence against another person in violation of A.R.S. § 32-2153(B)(2) and (10). 6. The evidence established by a preponderance of the evidence that Respondent failed to respond to the Department’s request for additional information in violation of A.R.S. § 32-2153(B)(11). 7. Accordingly, grounds exist to deny, suspend, or revoke Respondent’s license pursuant to the established violations. RECOMMENDED ORDER Based on the foregoing, it is recommended that the Commissioner of the Department revoke Respondent’s real estate license. 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 will be five days from the date of that certification. Done this day, August 11, 2019. /s/ Antara Nath Rivera Administrative Law Judge Transmitted electronically to: Judy Lowe, Commissioner Arizona Department of Real Estatee

----------------------- [1] See A.R.S. §§ 20-281 to 20-302. [2] See A.R.S. § 41-1092.07(G)(1); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). [3] Morris K. Udall, Arizona Law of Evidence § 5 (1960).

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