ALJDEC decisions subject to certification as final

21F-138-REL · Department of Real Estate · 2022-06-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

TANNER WOLF, holder of License No. SA688730000,

Respondent.

No. 21F-138-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 12, 2022

APPEARANCES: Tanner Wolf failed to appear. Assistant Attorney General James Rolstead represented the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

On or about December 9, 2020, Tanner Wolf (“Respondent”) entered into a Consent Order with the Arizona Department of Real Estate (“Department”) pursuant to the terms of which Respondent’s application for a real estate salesperson’s license was approved, and Respondent was issued a two-year provisional real estate salesperson’s license. That license is set to expire on December 31, 2022.

One of the terms of the Consent Order specified, “Respondent shall remain law abiding and in compliance with Title 32, Chapter 20 of the Arizona Revised Statutes, and Title 4, Chapter 28 of the Arizona Administrative Code. (Commissioner’s Rules).”

One of the terms of the Consent Order specified as follows:

Throughout the provisional license period, [Respondent] shall submit sworn quarterly affidavits, ... (ADRE Form COM-101), signed under penalty of perjury by [Respondent] to the Department Compliance Specialist, stating that [Respondent] has been in compliance with all terms of the Consent Order and Provisional License. The affidavit shall be countersigned and notarized by [Respondent’s Designated Broker].

The Consent Order and provisional licensure having been effective December 11, 2020, the Respondent’s first COM-101 was due to the Department on March 11, 2021 and for successive quarters thereafter.

The Department did not receive COM-101s for those quarters in 2021.

On or about September 29, 2021, the Department sent Respondent a letter by certified mail as well as through the Department’s message center, notifying Respondent that he had been required to submit COM-101s and that he did not submit the reports. The Department noted that Respondent was required to submit the COM-101, for the period ending September of 2021 no later than October 31, 2021. The Department’s September 29, 2021 letter further informed Respondent that continued noncompliance with the Consent Order would result in the matter being referred for disciplinary action “including possible revocation of your license.”

Respondent failed to respond and make any submission by the October 31, 2021 deadline.

On or about December 22, 2021, the Department sent Respondent a second letter by certified mail as well as through the Department’s message center, notifying Respondent that he had failed to submit the COM-101 and that he had failed to comply with the Consent Order. The Department noted that Respondent was required to submit the COM-101, for the period ending December 11, 2021 no later than January 6, 2021 and stated that “ALL” future affidavits needed to be submitted by the due date. Finally, the Department’s letter again informed Respondent that continued noncompliance with the Consent Order would result in the matter being referred for disciplinary action “including possible revocation of your license.”

Respondent failed to respond and make any submission by the January 6, 2021 deadline.

On January 14, 2022, the Department reached out to Respondent a third time with a final extension for a COM-101 to be submitted no later than January 21, 2022.

On January 14, 2022, Respondent responded stating:

I am not really sure what you guys want to do here? I do not have my license hung with anyone and am not practicing real estate. Who do you guys expect me to get these filled out with since my license is not active? Please advise when you get the chance.

On January 14, 2022, the Department replied explaining as follows:

Your affidavits are due regardless of whether you are active of inactive. While you an inactive you can submit then with the DB section blank. Please be aware though that your provisional license does not run while you are inactive. Please submit a signed and notarized COM-101 by 1/21/22 so we can get you back into compliance. Thank you.

On January 25, 2022, the Department notified Respondent that, in the absence of the COM-101s [past due: March 11, 2021; June 11, 2021; September 11, 2021; and December 11, 2021], he was out of compliance with the Consent Order and that he had a final opportunity to make the submissions. The Department further indicated that it might take further action if the submissions were not received by February 8, 2022.

The Department received no COM-101 submissions from Respondent.

On March 17, 2022 issued its Notice of Hearing and Complaint in this matter, indicating that an administrative hearing would be conducted with regard to the Department’s proposed revocation of Respondent’s license.

Respondent did not file a written answer to the Notice of Hearing and Complaint.

At the time set for hearing, and for the duration of the hearing conducted, Respondent did not appear in person. Further, Respondent had not requested to appear telephonically and did not call the Tribunal asking to appear telephonically.

The Department argued that Respondent’s conduct constituted a violation of A.R.S. § 32-2153(A)(24) and, further, warranted the revocation of Respondent’s real estate salesperson license.

CONCLUSIONS OF LAW

Pursuant to A.R.S. § 32-2153(E), the lapsing or suspension of a license by operation of law or by order or decision of the Commissioner or a court of law or the voluntary surrender of a license by a licensee shall not deprive the Commissioner of the jurisdiction to proceed with any investigation of or action or disciplinary proceeding against the licensee or render a decision suspending or revoking the license.

The Department has jurisdiction over Respondent and the subject matter in this case.

Pursuant to A.R.S. § 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Department bears 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).

The evidence of record established that Respondent failed to comply with the December 2020 Consent Order by failing to timely submit quarterly reports, COM-101s, as required in the Consent Order.

Respondent failed to appear for the administrative hearing. Therefore, Respondent did not present any evidence to refute the evidence presented by the Department.

The Department gave Respondent multiple opportunities to come into compliance with the December 2020 Consent Order prior to taking any disciplinary action. The hearing record taken as a whole, Respondent’s failures to make the requisite submissions under the Consent Order granting him a provisional real estate salesperson license along with the multiple failures to respond to the Department in this matter lead to the conclusion that Respondent is not able to be regulated.

The Department established it has grounds to revoke Respondent’s license pursuant to A.R.S. § 32-2153(A)(24).

RECOMMENDED ORDER

IT IS ORDERED revoking Tanner Wolf’s Real Estate Salesperson’s License No. SA688730000.

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.

-54864001

001

-137160-45720000Done this day, June 1, 2022.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

By Miranda Alvarez

Legal Secretary