ALJDEC decisions subject to certification as final

22F-410-REL · Department of Real Estate · 2022-10-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate Salesperson License of:

Adam Montgomery, holder of license number SA561070000

Respondent.

No. 22F-410-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 3, 2022

APPEARANCES: Assistant Attorney General James Rolstead appeared on behalf of the Arizona Department of Real Estate (Department).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. Respondent Adam Montgomery holds license number SA561070000 issued by the Department. The license expires on April 30, 2023.

2. On or about March 8, 2022, Mr. Montgomery plead guilty to Count 1, Narcotic Drug Possession For Sale, a Class 2 felony, in Maricopa County Superior Court, case number CR2020-136864-001.

3. Mr. Montgomery was sentenced to a two (2) year Felony Supervised Probation, beginning on April 12, 2022.

4. On or about March 11, 2022, Mr. Montgomery disclosed the conviction to the Department.

5. On or about May 6, 2022, the Department notified Mr. Montgomery that his license was summarily suspended effective May 6, 2022.

6. Mr. Montgomery requested an administrative hearing regarding the summary suspension.

7. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing. 8. On August 11, 2022, the Department issued a Notice of Hearing to

Mr. Montgomery. The Notice of Hearing provided that the nature and subject of the hearing would be to determine whether grounds exist to revoke Mr. Montgomery’s real estate license.

9. A hearing was held on October 3, 2022.

10. Mr. Montgomery testified on behalf of himself. The Department presented the testimony of its Senior Investigator, Bret Biesenthal.

CONCLUSIONS OF LAW

Because at all times relevant to this matter, Mr. Montgomery was subject to the provisions of Title 32, Chapter 20, Arizona Revised Statutes (A.R.S,), the Department has jurisdiction over this matter.

Because this matter is disciplinary in nature, the Department bears the burden of proof to establish cause to discipline Respondent’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The Department established by a preponderance of the evidence that

Mr. Montgomery was convicted of a felony, and is currently on probation as a result of the felony conviction.

4. The Department established grounds to revoke the license issued to

Mr. Montgomery as set forth above, pursuant to A.R.S. §§ 32-2153(A)(3),(B)(2), and 32-2157(C).

RECOMMENDED ORDER

Based on the foregoing,

It is recommended that on the effective date of the Order entered in this matter, the Commissioner revoke Mr. Montgomery’s real estate salesperson’s license SA561070000.

-54864001

001

-137160-45720000Done this day, October 24, 2022.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

James Rolstead

Attorney General's Office

2005 N. Central Ave.

Phoenix, AZ 85004

[email redacted]

Adam Montgomery

1104 W. Marconi Ave.

Phoenix, AZ 85023

[email redacted]

By Miranda Alvarez

Legal Secretary

-54864001

001

-137160-45720000