ALJDEC decisions subject to certification as final

19F-317-REL · Department of Real Estate · 2019-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 2, 2019 APPEARANCES: Respondent Joseph Ezra Clinton did not appear. Assistant Attorney General Deian Ousounov represented the Arizona Department of Real Estate. ADMINISTRATIVE LAW JUDGE: Kay Abramsohn _____________________________________________________________________ FINDINGS OF FACT 1. On June 18, 2019, the Arizona Department of Real Estate issued a “Notice of Hearing” setting the above-captioned matter for hearing at 9:00 a.m. on August 2, 2019, at the Office of Administrative Hearings in Phoenix, Arizona. 2. In the Notice of Hearing, the Department alleged that Mr. Clinton was in violation of Ariz. Rev. Stat. (“A.R.S.”) § 32- 2153(B)(2)and (B)(7). 3. No representative for Mr. Clinton appeared and the hearing was convened in his absence. 4. The Department presented the testimony of its Senior Investigator, Wayne L. Jackson, and submitted exhibits 1 through 6. 5. On December 17, 2018, under a plea agreement, Mr. Clinton plead guilty to and was convicted of Child Abuse, a Class 6 designated felony in the Superior Court of Arizona, Maricopa County. See Exhibit 3. 7. Mr. Clinton was sentenced to 10 years supervised probation with specific conditions, including sex offender status. See Exhibit 4. 8. Mr. Clinton disclosed the conviction to the Department on December 22, 2018. See Exhibit 5. 9. On March 5, 2019, the Department summarily suspended Mr. Clinton’s real estate salesperson’s license, License SA675634000. See Exhibit 6. 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 mailed the Notice of Hearing to Mr. Clinton at his address of record and, therefore, Mr. Clinton is deemed to have received notice of the hearing.[1] 5. Pursuant to A.R.S. § 32-2153(E), the suspension of a license by order or decision of the Commissioner shall not deprive the Commissioner of the jurisdiction to proceed with any investigation of or action or disciplinary proceeding against the licensee. The Department has jurisdiction over Mr. Clinton and the subject matter in this case.[2] 6. The Department established by a preponderance of the evidence that Mr. Clinton has been convicted of a felony in the Superior Court of Arizona, Maricopa. 7. Considering the facts and circumstances of this matter, it is appropriate for the Commissioner to revoke Mr. West’s License under A.R.S. § 32-2153(B)(2) and (B)(7). ORDER IT IS ORDERED that Joseph Ezra Clinton’s real estate salesperson license, License number SA675634000, 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, August 20, 2019.

/s/ Kay Abramsohn Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner Arizona Department of Real Estate ----------------------- [1] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [2] See A.R.S. § 32-2153.

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