ALJDEC - Licensing

22F-227-REL-RES · Department of Real Estate · 2023-10-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

VASQUEZ, RAMIRO, holder of Real Estate

Salesperson License No. SA696564000,

Respondent.

No. 22F-227-REL-RES

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 12, 2023

APPEARANCES: Assistant Attorney General James Rolstead represented the Arizona Department of Real Estate. Vivian Nunez appeared as a witness for the Arizona Department of Real Estate. Respondent Ramiro Vasquez failed to appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

On or about March 11, 2022, Ramiro Vasquez (“Respondent”) entered into a Consent Order (“Order”) with the Arizona Department of Real Estate (“Department”) pursuant to which Respondent’s application for a real estate salesperson license was approved, and Respondent was issued a two-year provisional real estate salesperson license, number SA696564000, issued on March 15, 2022. That license has been inactive since February 9, 2023, and is due to expire on March 31, 2024.

The Department issued the Order, in part, due to Respondent’s conviction for Petit Theft, a misdemeanor, and his disclosure of entering a diversion program for a domestic violence offense and a deferred prosecution agreement for Battery.

The Order required Respondent to submit quarterly affidavits signed by Respondent’s designated broker, with each signature notarized, during the provisional license period. Respondent signed the Order and agreed to comply with all of its terms and deadlines.

On or about March 18, 2022, Designated Broker Martha Appel hired Respondent as a salesperson with Coldwell Banker Realty (“Coldwell Banker”).

Respondent’s first quarterly affidavit to the Department was due on June 14, 2022. On June 27, 2022, the Department sent Respondent a message through the Department’s message center, informing him that he was out of compliance with the Order, as the Department had not received the submission by the due date. The message informed Respondent that the Department was extending the affidavit filing deadline to July 5, 2022.

The Department’s message center indicates that Respondent never opened the June 27, 2022 email.

It was not until July 21, 2022, after another extension was granted, that Respondent submitted his affidavit.

Respondent’s second quarterly affidavit was due on September 14, 2022. On September 26, 2022, the Department sent Respondent a message through the Department’s message center, informing him that he was out of compliance with the Order, as the Department had not received the submission by the due date. The message informed Respondent that the Department was extending the affidavit filing deadline to October 6, 2022.

The message center indicates that Respondent never opened the September 26, 2022 message.

On November 8, 2022, having not received the required affidavit, the Department sent Respondent a Notice of Non-Compliance with Commissioner’s Order (“Notice”) via the Department’s message center and certified mail. The Notice was also sent to Respondent’s designated broker and provided an extended deadline until November 22, 2022, for Respondent to submit the required affidavit.

On or about November 23, 2022, Respondent submitted the affidavit.

Respondent’s third quarterly affidavit was due on December 14, 2022. Respondent submitted it on or about December 21, 2022.

On February 9, 2023, Respondent severed from Coldwell Banker.

Notwithstanding Respondent’s inactive license status due to the severance, Respondent was still required to submit quarterly affidavits to the Department pursuant to the terms of the Order.

Respondent’s fourth quarterly affidavit was due on March 14, 2023.

On March 28, 2023, the Department sent Respondent a message through the Department’s message center, informing him that he was out of compliance with the Order, as the Department had not received the submission by the due date. The message informed Respondent that the Department was extending the affidavit filing deadline to April 3, 2023.

The message center indicates that Respondent never opened the March 28, 2023 message.

On May 8, 2023, still not having received the submission, after another extension for filing the required affidavit had been granted, the Department sent Respondent a second Notice of Non-Compliance with Commissioner’s Order (“Second Notice”) via the Department’s message center and certified mail. The Second Notice provided an extended deadline of May 22, 2023, for Respondent to submit the required affidavit.

The message center indicates the May 8, 2023 message was never opened by Respondent, and the certified mail was returned to the Department as unclaimed.

Respondent never submitted the required fourth quarterly affidavit.

The Department argued that Respondent’s conduct constituted violations of A.R.S. § 32-2153(A)(24) and warranted the revocation of his 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

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.

The evidence of record established that Respondent failed to comply with the Consent Order by failing to timely file his quarterly affidavits, and then ultimately failing to file his fourth quarterly affidavit due on March 14, 2023, despite having a two-year provisional real estate salesperson license granted to him pursuant to which he was to submit quarterly affidavits, even while the license was on inactive status.

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 Ramiro Vasquez’s Real Estate Salesperson License Number SA696564000.

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.

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 will be forty (40) days from the date of that certification.

Done this day, October 24, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Susan Nicolson, Commissioner

Arizona Department of Real Estate

[email redacted]

Ramiro Vasquez

[email redacted]

James Rolstead

Attorney General's Office

[email redacted]

By: OAH Staff