ALJDEC decisions subject to certification as final

19F-380-REL · Department of Real Estate · 2019-12-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate Salesperson's License of:

HABEEB, ROBERT, holder of license number SA644854000,

Respondent

No. 19F-380-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 14, 2019

APPEARANCES: Respondent Robert Habeeb did not appear.

Assistant Attorney General Chloe Woods appeared on behalf of the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

On September 25, 2019, the Arizona Department of Real Estate (Department) issued a Notice of Hearing and Complaint (Notice of Hearing) setting the above-captioned matter for hearing at 1:00 p.m. on November 14, 2019 at the Office of Administrative Hearings in Phoenix, Arizona.

The Notice of Hearing contained allegations regarding the conduct of Respondent Robert Habeeb that the Department contended violated the Arizona real estate laws. Through the administrative hearing process, the Department sought to revoke Respondent’s real estate salesperson’s license.

On August 20, 2012, the Department issued original real estate salesperson license number SA644854000 to Mr. Habeeb. See Exhibit 1.

Mr. Habeeb’s real estate salesperson license is inactive and expires on August 31, 2020. See Exhibit 1.

5. On February 15, 2019, the Department received a complaint concerning

Mr. Habeeb’s real estate activities in relation to residential property located at 910 W. Aspen Way, Gilbert, Arizona 85233. See Exhibit 2.

6. The Complainant, JoAnna Blane, Buyer of the residential property at issue, alleged Mr. Habeeb failed to have the HVAC system serviced to industry standards. See Exhibit 2.

7. On February 28, 2019, the Department notified Mr. Habeeb of

Ms. Blane’s complaint. The February 28, 2019 letter provided, in relevant part, as follows:

On February 28, 2019, a copy of the enclosed complaint filed by JoAnna Blane was forwarded to your attention along with a request for a written statement and pertinent documentation. A hard copy of this certified letter was sent to your current address.

So that we may more fully understand the situation, we request a written, signed statement concerning your knowledge and actions regarding this issue. Please provide copies of all documents supporting your position. We look forward to receiving your statement and documentation no later than March 19, 2019.

8. Mr. Habeeb did not respond to the Department’s request.

CONCLUSIONS OF LAW

1. Because at all times relevant to this matter, Mr. Habeeb was subject to the provisions of Title 32, Chapter 20, Arizona Revised Statutes, the Department has jurisdiction over this matter.

2. Because this matter is disciplinary in nature, the Department bears the burden of proof to establish cause to discipline Respondent’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

3. The facts, as set forth previously, establish that Respondent violated Ariz. Rev. Stat. sections 32-2153(A)(3); 32-2153(B)(11); A.A.C. R4-28-301(G).

4. Therefore, the Department established grounds to revoke the license issued to Mr. Habeeb as set forth above.

RECOMMENDED ORDER

Based on the foregoing,

It is recommended that on the effective date of the Order entered in this matter, the Commissioner revoke Robert Habeeb’s real estate salesperson’s license SA644854000.

Done this day, December 4, 2019.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate