ALJDEC decisions subject to certification as final

20F-261-REL-RHG · Department of Real Estate · 2021-08-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate Salesperson License of:

PRIETO, RAMON, holder of License Number SA674367000,

Respondent

No. 20F-261-REL-RHG

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: June 24, 2021 with further hearing on July 28, 2021

APPEARANCES:

June 24, 2021: Respondent Ramon Prieto appeared on his own behalf. Assistant Attorney General Holly Wan represented the Arizona Department of Real Estate. Brett Biesenthal appeared as a witness for the Arizona Department of Real Estate.

July 28, 2021: Respondent Ramon Prieto failed to appear. Assistant Attorney General Holly Wan represented the Arizona Department of Real Estate. Brett Biesenthal appeared as a witness for the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

______________________________________________________________________

FINDINGS OF FACT

The hearing of this matter initially convened on June 24, 2021, at 1:00 p.m. Assistant Attorney General Holly Wan represented the Arizona Department of Real Estate (“Department”). Brett Biesenthal appeared as a witness for the Department. Respondent Ramon Prieto appeared on his own behalf. Ms. Wan made an opening statement. Mr. Prieto waived an opening statement. The parties stipulated to the Findings of Fact contained in the Notice of Hearing and Complaint and further stipulated that the only issue to be addressed at the hearing was the appropriate penalty to be imposed upon Mr. Prieto by the Department.

Mr. Prieto wished to explore the potential of settlement and Ms. Wan was unable to contact a Department representative with the authority to engage in settlement discussions. Mr. Prieto requested a continuance of the hearing in order to provide the opportunity for settlement discussions. The Department did not have a position on the requested continuance.

The Administrative Law Judge deemed it appropriate to set the matter for further hearing in order to allow the parties an opportunity to engage in settlement discussions. The parties provided dates of availability for a further hearing, in the event that settlement was not reached.

On June 25, 2021, the Administrative Law Judge issued to the parties an Order Setting Further Hearing on July 28, 2021, at 1:00 p.m. The Order contained the Google Meet link and telephone number and pin number for participation in the hearing.

On the date and time scheduled for further hearing, Ms. Wan represented the Department. Mr. Biesenthal was also present. Mr. Prieto failed to appear for the further hearing, notwithstanding proper notice and knowledge of the pending proceeding.

At the hearing on June 24, 2021, Mr. Prieto stipulated to the facts contained in the Department’s Notice of Hearing and Complaint.

The stipulated facts are as follows:

On September 13, 2017, the Department issued real estate salesperson license number SA674367000 to Ramon Prieto. The license is scheduled to expire on September 30, 2021.

On November 16, 2020, the Commissioner of the Department adopted the Decision of the Administrative Law Judge following an October 20, 2020 administrative hearing and ordered that within fifteen (15) days, Mr. Prieto must pay to the Department a civil penalty in the amount of $2,000.00.

Mr. Prieto failed to pay the $2,000.00 civil penalty.

The Department argued that based on the stipulated facts and Mr. Prieto’s failure to pay the civil penalty despite being provided additional time in which to pay it, establishes Mr. Prieto’s violations of the charged statutory provisions. The Department further argued that the facts of this case, coupled with the failure to appear for the further hearing, demonstrate that Mr. Prieto cannot be regulated at this time, and therefore, the revocation of Mr. Prieto’s license is appropriate.

CONCLUSIONS OF LAW

The Department is the duly constituted authority for licensing and regulating real estate salespersons and brokers in Arizona.

The Department bears the burden of proof to establish cause to discipline Mr. Prieto’s license and factors in aggravation of any penalty to be imposed 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.”

Pursuant to A.R.S. § 32-2153, the Commissioner of the Department has jurisdiction to deny, suspend, or revoke a broker’s or salesperson’s license for violations of rules and regulations.

A.R.S. § 32-2153 provides the grounds for denial, suspension, or revocation of a license as follows:

32-2153. Grounds for denial, suspension or revocation of licenses . . . .

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:

. . . .

9. Violated the terms of any criminal or administrative order, decree or sentence.

The Department established that Mr. Prieto violated the terms of an administrative order, specifically the Commissioner’s Final Order dated November 16, 2020, that ordered Mr. Prieto to pay a $2,000.00 civil penalty, in violation of A.R.S. § 32-2153(B)(9). Therefore, the Department established cause to discipline Respondent’s salesperson license under A.R.S. § 32-2153(B)(9).

RECOMMENDED ORDER

In view of the foregoing,

IT IS ORDERED that on the effective date of the final order in this matter, Respondent Ramon Prieto’s real estate salesperson license number SA674367000 shall be 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 shall be five (5) days from the date of the certification.

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-137160-45720000Done this day, August 4, 2021.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate

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-137160-45720000