ALJDEC decisions subject to certification as final

20F-374-REL · Department of Real Estate · 2020-09-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Original Application for the Real Estate License of:

RUGGIERO, ROY, holder of License No. SA685385000 (Candidate),

Petitioner.

No. 20F-374-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 25, 2020

APPEARANCES: Petitioner Roy Ruggiero appeared on behalf of himself. 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. The Arizona Department of Real Estate (Department) received an application for a real estate salesperson’s license from Petitioner Roy Ruggiero.

Mr. Ruggiero signed the application on April 22, 2020. See Exhibit 1.

2. Mr. Ruggiero submitted a Disciplinary Actions Disclosure form (disclosure form) with the application. Mr. Ruggiero signed the disclosure form on April 22, 2020. Mr. Ruggiero disclosed that he had been convicted of Solicitation to Possess a Deadly Weapon During the Commission of a Felony Drug Offense and Solicitation to Possess Marijuana for Sale. See Exhibit 1.

3. On or about March 8, 2018, Mr. Ruggiero pleaded guilty to and was convicted of Solicitation to Possess a Deadly Weapon During the Commission of a Felony Drug Offense, a Class 6 Undesignated Offense, in the Superior Court of Arizona, Pima County, case number CR20173544-002 (Deadly Weapon Offense).

Mr. Ruggiero was placed on 18 months of probation.

4. On December 20, 2018, the court discharged Mr. Ruggiero from probation in case number CR20173544-002 and designated the Deadly Weapon Offense as a misdemeanor.

5. On or about March 8, 2018, Mr. Ruggiero pleaded guilty to and was convicted of Solicitation to Possess Marijuana for Sale, a Class 6 Undesignated Offense, in the Superior Court of Arizona, Pima County, case number CR20173544-002 (Drug Sale Offense). Mr. Ruggiero was placed on 18 months of probation.

6. On December 20, 2018, the court discharged Mr. Ruggiero from probation in case number CR20173544-002 designated the Drug Sale Offense as a misdemeanor.

7. On April 16, 2019, the court ordered that the judgment of guilt in case number CR20173544-002 be set aside and that the charges be dismissed.

8. On May 26, 2020, the Department issued an Intent to Deny Application notice to Mr. Ruggiero.

9. On June 26, 2020, the Department received a timely appeal from

Mr. Ruggiero.

10. A hearing was held on August 25, 2020. Mr. Ruggiero testified on his own behalf. The Department presented the testimony of Lara Hoover, Senior Investigator for the Department, and submitted exhibits 1 through 8.

11. Mr. Ruggiero testified to the effect that the conduct that led to his criminal convictions occurred three years prior and were a result of poor decision making.

Mr. Ruggiero contended that he did not sell drugs and that he was spending time with the “wrong crowd”. Mr. Ruggiero asserted that he was a changed person.

12. The Department’s position was that Mr. Ruggiero failed to establish by a preponderance of the evidence that he has changed his character.

CONCLUSIONS OF LAW

The Commissioner has jurisdiction over Petitioner and the subject matter in this case.

Pursuant to Ariz. Rev. Stat. section 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Petitioner has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. See A.A.C. R2-19-119(A).

Ariz. Rev. Stat. section 32-2153 provides as follows:

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 if it appears that the holder or applicant has:

* * *

7. Not shown that the holder or applicant is a person of honesty, truthfulness and good character.

* * *

4. The Department’s concern in this case is legitimate and well-founded. A person with a criminal record must be given close scrutiny and careful consideration when he applies for a professional license.

5. The concern of the Department is essential and legitimate in light of Petitioner’s past crimes.

6. Petitioner contended that he currently is a person of good character. Petitioner’s criminal past is not a permanent bar to being licensed. However, Petitioner has the burden of proving by the preponderance of the evidence that he has resolved the issues that led to the commission of the crimes to establish that he has sufficient good character and reputation to satisfy the statutory requirement for licensure as a real estate salesperson.

7. Petitioner failed to meet his burden of proof to establish that he has sufficient good character and reputation to satisfy the statutory requirement for licensure in this matter. Consequently, this Tribunal concludes that Petitioner’s application for licensure should be denied.

RECOMMENDED ORDER

Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends to the Arizona Department of Real Estate Commissioner that this appeal be denied.

Done this day, August 25, 2020.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate