ALJDEC decisions subject to certification as final

22F-427-REL · Department of Real Estate · 2022-10-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Application for Original Real Estate License of:

KRANZ, KAMERON, holder of License No. SA702452000,

Petitioner.

No. 22F-427-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 23, 2022

APPEARANCES: Petitioner Kameron Kranz (Mr. Kranz) appeared on behalf of himself. Assistant Attorney General Lynette Evans appeared on behalf of the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. On March 10, 2014, Mr. Kranz pleaded guilty to and was convicted of Aggravated Driving Or Actual Physical Control While Under The Influence Of Intoxicating Liquor Or Drugs, a Class 4 felony, in the Superior Court of Arizona, Maricopa County, case number CR2013-434301-001, based on conduct that occurred on April 23, 2013. See Exhibits 4 and 5. Mr. Kranz was sentenced to ten months in prison and two years of probation upon release. Mr. Kranz was ordered to pay restitution, fines, and fees and his driver’s license was revoked. See id.

2. On September 9, 2016, Mr. Kranz was discharged from probation in case number CR2013-434301-001. See Exhibit 6.

3. On or about September 17, 2018, Mr. Kranz pleaded guilty to and was convicted of Aggravated Driving Or Actual Physical Control While Under The Influence Of Intoxicating Liquor Or Drugs, a Class 4 felony, in the Superior Court of Arizona, Maricopa County, case number CR2017-150038-001, based on conduct that occurred on May 29, 2017. See Exhibits 9 and 10. Mr. Kranz was sentenced to ten months in prison and three years of probation upon release. Mr. Kranz was also ordered to pay fines and fees and his driver’s license was revoked. See id.

4. On or about May 11, 2022, the Arizona Department of Real Estate (Department) received an application for a real estate salesperson’s license from

Mr. Kranz. See Exhibit 1.

5. Mr. Kranz submitted a Disciplinary Actions Disclosure form with the application. Mr. Kranz disclosed that he had been convicted of a felony. See Exhibit 1.

6. On May 16, 2022, the Department issued an Intent to Deny Application notice to Mr. Kranz. See Exhibit 11.

7. On or about May 18, 2022, the Department received a timely appeal from

Mr. Kranz. See Exhibit 12.

8. A hearing was held on September 23, 2022. Mr. Kranz testified on his own behalf. The Department presented the testimony of its Senior Investigator, Steven Hooper, and submitted exhibits 1 through 12.

9. Mr. Kranz testified to the effect that he is a changed person and should be given a second chance.

10. The Department’s position was that Mr. Kranz’s application should be denied due to his felony convictions.

CONCLUSIONS OF LAW

The Commissioner has jurisdiction over Petitioner and the subject matter in this case.

Pursuant to Ariz. Rev. Stat. section 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Petitioner has 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).

Ariz. Rev. Stat. section 32-2153 provides as follows:

B. The commissioner may suspend or revoke a license, deny the issuance of a license, issue a letter of concern to a licensee, issue a provisional license or deny the renewal or the right of renewal of a license issued under this chapter if it appears that the holder or applicant has:

* * *

2. Been convicted in a court of competent jurisdiction in this or any other state of a felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral turpitude or any other like offense.

* * *

4. The undisputed evidence shows that Petitioner has been convicted of two felonies.

5. Petitioner contended that he is a changed person and should be given second chance. However, Petitioner failed to provide any legal authority to establish that the Department’s denial was improper.

6. Consequently, based upon the applicable legal authority, this Tribunal is compelled to conclude that Petitioner’s application for licensure should be denied.

RECOMMENDED ORDER

Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends to the Arizona Department of Real Estate Commissioner that this appeal be denied.

Done this day, October 13, 2022.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

Lynette Evans, Esq.

Office of the Attorney General

Public Law Section

2005 N. Central Ave.,

Phoenix, Arizona 85004-1592

[email redacted]

Kameron Kranz

9450 E. Becker Ln, #2063

Scottsdale, AZ 85260

[email redacted]

By Miranda Alvarez

Legal Secretary