ALJDEC decisions subject to certification as final

21F-013-REL · Department of Real Estate · 2020-12-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

Alicia Brevetti a/k/a Alicia Loren, holder of License No. SA680523000,

Respondent

No. 21F-013-REL

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: November 17, 2020

APPEARANCES: Alicia Loren for Respondent; Holly Wan, Esq. for the Department of Real Estate

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

On September 25, 2020, the Arizona Department of Real Estate (“Department”) issued a Notice of Hearing setting the above-captioned matter for hearing on November 17, 2020 at the Office of Administrative Hearings in Phoenix, Arizona.

The Notice of Hearing provided that hearing was being held to determine whether grounds exist to impose a civil penalty against Respondent Alicia Brevetti aka Alicia Loren for her failure to timely notify the Department of a misdemeanor conviction and of a change in address.

Respondent informed the tribunal that she was now divorced and was therefore again known as Alicia Loren.

Ms. Loren acknowledges that she did fail to report the conviction and an address change. Ms. Loren explained that she requested the hearing because she is experiencing financial issues due to COVID-19 and the Department is seeking a $1500 civil penalty. She testified that she requested a payment-plan, but the Department was not amenable to that approach.

On January 13, 2020, Ms. Loren was convicted of driving with a BAC of 0.15 or greater, a misdemeanor, and she failed to notify the Department of that conviction within ten days.

The Department learned of Ms. Loren’s conviction and, on June 16, 2020, sent to Ms. Loren at her address of record a letter by certified mail requesting that she provide a signed statement concerning her knowledge of the conviction, with a deadline of June 23, 2020.

On June 16, 2020, the Department also sent to Ms. Loren a message through its Message Center that included a copy of its June 16th letter and requesting a response by June 23, 2020.

On June 22, 2020, the Department’s certified letter of June 16th was returned to the Department with the notation “FORWARD TIME EXP RTN TO SEND”.

On June 26, 2020, Ms. Loren responded to the Department’s inquiry through the message center. Ms. Loren acknowledged that she had pleaded guilty to DUI and that she had failed to report that conviction to the Department. Ms. Loren added that she had been unaware of the process, that this was her first offense, and that she has been licensed in Florida for twenty years.

At the hearing, Ms. Loren provided testimony to the same effect.

Regarding her failure to report her change of address, Ms. Loren testified that she had been in an abusive relationship and that her address was being kept confidential under the Arizona Address Confidentiality Program administered by the Secretary of State. She also testified to the effect that she had been working through the Court system and the Office of Attorney General because there was an order of protection in place. These issues led to confusion on her part as to what address she should have been reporting to the Department.

The Department requested that a $1500 civil penalty be imposed against Ms. Loren.

Ms. Loren expressed remorse for her actions and request leniency regarding the civil penalty because she is experiencing financial hardship resulting from COVID-19.

CONCLUSIONS OF LAW

The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(3).

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).

Ms. Loren was required to report her misdemeanor conviction within ten days of that conviction. Ariz. Admin. Code §§ R4-28-301(F) and R4-28-303(D).

Ms. Loren was required to report to the Department her change of address within ten days of that change. Ariz. Admin. Code §§ R4-28-301(F) and R4-28-303(D).

Because Ms. Loren had violated the Department’s rules, she has also violated Ariz. Rev. Stat. section 32-2153(A)(3).

Ariz. Rev. Stat. section 32-2160.01 provides that any licensee who violates the Department’s statutes or rules is may be assessed a civil penalty “in an amount not to exceed one thousand dollars for each infraction.”

Ms. Loren accepted responsibility, and is remorseful, for her failures to abide by the rules. She provided credible testimony regarding her confusion or uncertainty as to what address to report to the Department and to the effect that she was experiencing financial hardship related to the COVID-19 pandemic.

Under these facts and circumstances, a civil penalty of $250 for each reporting violation (i.e., $500) is appropriate.

RECOMMENDED ORDER

IT IS ORDERED that Alicia Loren must pay to the Department a civil penalty of $500 within 30 days of the effective date of the final Order entered in this matter.

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.

-54864001

001

-137160-45720000Done this day, December 4, 2020.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Judy Lowe, Commissioner

Arizona Department of Real Estate

-54864001

001

-137160-45720000