ALJDEC decisions subject to certification as final

21F-292-REL · Department of Real Estate · 2021-11-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

ARIDI, REGINA, holder of License No. SA670530000,

Respondent

No. 21F-292-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 2, 2021

APPEARANCES: The Arizona Department of Real Estate was represented by Assistant Attorney General Holly Wan. Respondent Regina Aridi did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

On or about April 10, 2017, the Arizona Department of Real Estate (Department) issued real estate salesperson license number SA670530000 to Respondent Regina Aridi. The license expired on April 30, 2021.

Coldwell Banker Realty (Coldwell Banker), license number LC [number redacted], employed Respondent as a salesperson from February 15, 2018, to February 23, 2021. Timothy “Mike” Johns was the Associate Broker of Coldwell Banker.

Joann Zimmerman was a real estate salesperson with Homesmart.

On or about January 30, 2021, Ms. Zimmerman listed a house (house) for sale in Phoenix.

On or about February 8, 2021, Ms. Zimmerman sent an email to Mr. Johns stating that Respondent sent her a text at 10:50 p.m. on February 3, 2021, requesting permission to enter the house. Ms. Zimmerman stated that she did not see the text until the next morning because she was already asleep. Ms. Zimmerman went on to stated that Respondent entered the house without permission and the seller later noticed items had been taken from the house, other items were moved around, items were left in the house, and the bathtub had been used.

On or about February 9, 2021, Ms. Zimmerman submitted a complaint to the Department alleging that Respondent entered the house without permission, left personal items in the house, and took items belonging to the owner. The complaint also alleged that Respondent attempted to turn on the spa in the backyard, used bath salts in the master bathtub, lit candles, and took the key from the lockbox with her, thus delaying a showing the following day.

On or about February 23, 2021, Coldwell Banker severed Respondent’s employment.

On or about March 12, 2021, the Department sent a letter to Respondent via regular mail and the online message center requesting a signed written statement regarding her removal of the key from the lockbox and keeping it overnight. The letter requested that she respond no later than March 22, 2021.

Respondent did not respond by March 22, 2021.

On or about March 24, 2021, the Department sent another letter to Respondent via certified mail requesting a written response by April 4, 2021.

Respondent never sent a response.

On or about April 21, 2021, the Department contacted Respondent by telephone. Respondent stated that she had changed her email address and that she was no longer at her residential address of record. Respondent provided the Department with an updated email address and stated she would update her new residential address after an upcoming move to California. The Department told Respondent that she was required to respond to the letters that had been sent and sent her another copy of the letter to her updated email address. The Department gave Respondent until April 29, 2021, to submit her response.

Respondent never responded to the Department as required.

The Department argued that it was unable to fully investigate the complaint submitted by Ms. Zimmerman regarding Respondent’s conduct because of Respondent’s failure to respond to the Department’s inquiries.

The Department argued that Respondent’s conduct constituted violations of A.R.S. §§ 32-2153(A)(3) and (B)(11); A.A.C. R4-28-301(E); and A.A.C. R4-28-303(D) and warranted the revocation of her license.

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

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 did not respond to the Department during the course of its investigation into Ms. Zimmerman’s complaint.

The evidence of record also established that Respondent failed to update her email and residence address with the Department as required.

The Department established it has grounds to revoke Respondent’s license pursuant to A.R.S. §§ 32-2153(A)(3) and (B)(11); A.A.C. R4-28-301(E); and A.A.C. R4-28-303(D).

Respondent’s failure to respond to any communication from the Department and failure to appear at the hearing in this matter establish that Respondent cannot be regulated at this time.

RECOMMENDED ORDER

IT IS ORDERED revoking Regina Aridi’s real estate salesperson license number SA670530000.

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

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-137160-45720000Done this day, November 22, 2021.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate-54864001

001

-137160-45720000