ALJDEC decisions subject to certification as final

20F-270-REL · Department of Real Estate · 2020-11-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

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

Norman Ferrell, holder of License No. SA516762000,

Respondent

No. 20F-270-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 22, 2020

APPEARANCES: Respondent Norman Ferrell did not appear. Assistant Attorney General Holly Wan appeared on behalf of the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

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FINDINGS OF FACT

1. On October 2, 2019, the Arizona Department of Real Estate (Department) issued real estate salesperson’s License No. SA516762000 to Respondent Normal Ferrell. See Exhibit 1.

2. On or about January 31, 2020, Mr. Ferrell pleaded guilty to Attempt to Commit Unlawful Distribution of Images-Nudity (23-I425A), a Class 6 Undesignated Non-Dangerous Felony and Domestic Violence Offense, in the Superior Court of Arizona, Maricopa County, in case number CR2019-155350-001. See Exhibit 2.

3. On or about February 10, 2020, Mr. Ferrell notified the Department of his guilty plea. See Exhibit 3.

4. On June 1, 2020, the court accepted Mr. Ferrell’s guilty plea, suspended imposition of sentence, and placed Mr. Ferrell on two years of supervised probation. See Exhibit 6.

5. On July 2, 2020, the Department summarily suspended Mr. Ferrell’s real estate salesperson’s license. See Exhibit 2. The Department found that Mr. Ferrell had violated A.R.S. section 32-2153 and 32-2157(C).

6. On September 4, 2020, the Department issued a Notice of Hearing to

Mr. Ferrell. The Department notified Mr. Ferrell that a hearing would take place on October 22, 2020 at 1:00 p.m. to determine whether grounds exist to revoke

Mr. Ferrell’s real estate license. The Department mailed the Notice of Hearing and Complaint via first class and registered mail to Respondent at his residential address of record.

7. On October 22, 2019, a hearing was held. The Department submitted exhibits 1 through 7, and presented the testimony of its Senior Investigator, Lara Hoover.

8. Respondent did not request to appear telephonically at the hearing or that the hearing be continued. Although the start of the duly noticed hearing was delayed approximately fifteen minutes, Respondent did not appear, personally or through an attorney. Consequently, Respondent did not present any evidence to defend his real estate salesperson’s license.

CONCLUSIONS OF LAW

The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(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.

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).

Ariz. Rev. Stat. section 32-2153(B) provides in pertinent part:

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:

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2. Been convicted in a court of competent jurisdiction in this or any other state of a felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral turpitude or any other like offense.

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Because Mr. Ferrell was convicted of a felony, the Department had authority to summarily suspend his license. See Ariz. Rev. Stat. §§ 32-2153(B) and 32-2157(B).

The preponderance of the evidence shows that Mr. Ferrell has been convicted of Attempt to Commit Unlawful Distribution of Images-Nudity (23-I425A), a Class 6 Undesignated Felony and Domestic Violence Offense, which is a violation Ariz. Rev. Stat. §§ 32-2153(B)(2).

Based on the proven violation, the Department has authority to revoke

Me. Ferrell’s license. Ariz. Rev. Stat. §§ 32-2153(A) and (B).

Considering the facts and circumstances of this matter, Mr. Ferrell’s license should be revoked. See Ariz. Rev. Stat. § 32-2130(I).

ORDER

IT IS ORDERED that Norman L. Ferrell License No. SA516762000 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 12, 2020.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate