ALJDEC decisions subject to certification as final

19F-410-REL · Department of Real Estate · 2019-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 30, 2019 APPEARANCES: No one appeared for Respondent; Chloe Woods, Esq. for the Department of Real Estate ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT 1. On September 24, 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 October 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 Paul J. Stolarik’s License No. SA654968000. 3. No representative for Mr. Stolarik appeared at the scheduled hearing time and the matter was convened in his absence at about 1:17 p.m. 4. The Department presented the testimony of senior investigator Bret Biesenthal. 5. Through an Order dated February 23, 2018, Mr. Stolarik’s license was summarily suspended after the Department learned that he had been arrested and charged with burglary. Mr. Stolarik did not appeal that Order. 6. Mr. Stolarik’s license is scheduled to expire on November 30, 2019. 7. Mr. Stolarik committed his burglaries by scheduling showings of properties on the Multiple Listing Service and accessing the homes by using the keys from lock boxes on the properties. 8. On February 8, 2019, in Maricopa County Superior Court case number CR2018-109859, Mr. Stolarik pleaded guilty to five counts of burglary in the second degree, which are class 3 felonies. 9. On February 8, 2019, in Maricopa County Superior Court case number CR2018-002005, Mr. Stolarik pleaded guilty to one count of burglary in the second degree, a class 3 felony. 10. In case number CR2018-109859, Mr. Stolarik was sentenced to 4.5 years in prison and ordered to pay restitution. 11. In case number CR2018-002005, Mr. Stolarik was sentenced to five years of supervised probation beginning after his release from prison and was ordered to pay restitution. 12. The Department alleges that Mr. Stolarik violated Ariz. Rev. Stat. sections 32-2153 (B)(2) and (B)(10). 13. The Department requested that Mr. Stolarik’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. Stolarik has been convicted of six counts of burglary in the second degree, which are class 3 felonies and violations of Ariz. Rev. Stat. sections 32-2153(B)(2) and (B)(10). 5. The preponderance of the evidence shows that Mr. Stolarik will be incarcerated when his license expires on November 30, 2019. Consequently, the Department would be prohibited from issuing a renewal license. Ariz. Rev. Stat. § 32-2130(I). 6. Based on the proven violations, the Department has authority to revoke Mr. Stolarik’s license. Ariz. Rev. Stat. § 32-2153(B). 7. Considering the facts and circumstances of this matter, particularly that Mr. Stolarik was using his salesperson’s license to further his crimes, his license should be revoked. ORDER IT IS ORDERED that Paul J. Stolarik’s License No. SA654968000 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, November 15, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner Arizona Department of Real Estate

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