ALJDEC - Licensing

22F-478-REL · Department of Real Estate · 2023-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

n the Matter of the Real Estate Salesperson License of:

JOSEPH TUKOVITS, holder of license number SA697529000,

Respondent.

No. 22F-478-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 16, 2023

APPEARANCES: Assistant Attorney General Raya Gardner represented the Arizona Department of Real Estate. Lauren Abril appeared as a witness for the Arizona Department of Real Estate. Respondent Joseph Tukovits failed to appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

On June 16, 2022, Joseph Tukovits (“Respondent”) entered into a Consent Order with the Arizona Department of Real Estate (“Department”) pursuant to 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. Pursuant to the Consent Order, Respondent agreed to comply with all of the terms and deadlines contained therein.

The Consent Order required that Respondent comply with the Department’s rules and submit quarterly affidavits during the two-year provisional license period.

On June 17, 2022, Respondent was issued a two-year provisional real estate salesperson license number SA697529000. Respondent’s license is currently inactive and scheduled to expire on June 30, 2023.

The Department issued a provisional license to Respondent, rather than an unrestricted license, in part, due to Respondent’s disclosure in his application that he had two criminal convictions, namely: i) Driving Under the Influence, a misdemeanor conviction entered on or about November 14, 2019; and ii) Driving Under the Influence, a misdemeanor conviction entered on or about January 3, 2020.

On June 17, 2022, after the issuance of the provisional license, the Department sent Respondent an Introduction Packet that contained instructions for complying with the Consent Order and notified Respondent that his first quarterly affidavit was due on September 16, 2022.

Respondent failed to submit the required quarterly affidavit on September 16, 2022. Consequently, on September 19, 2022, the Department sent a message to Respondent through the Department’s message center that notified Respondent that his quarterly affidavit was late and provided Respondent with an extension to September 29, 2022, to file the affidavit.

On September 26, 2022, Respondent filed the quarterly affidavit, however, Respondent’s signature was not notarized and the affidavit was not signed by Respondent’s designated broker/practice monitor, as required.

On September 26, 2022, that Department responded to Respondent’s submission as follows: “I cannot accept this submission as your signature needs to be notarized and your Designated Broker/Practice Monitor needs to sign it as well with their signature notarized. Please resubmit.” Respondent read the Department’s response that same date. Respondent did not respond to the Department’s message or resubmit the quarterly affidavit.

On November 8, 2022, the Department issued a Notice of Non-Compliance With Commissioner’s Order (“Notice”) to Respondent via certified mail at Respondent’s mailing address on record, email, and the Department’s message center. The Notice was also sent to Respondent’s designated broker via certified mail. The Notice advised Respondent that he failed to comply with the Department’s deadlines and extensions, and required him to submit his affidavit by November 23, 2022.

On December 5, 2022, the Notice that was sent to Respondent’s mailing address on record was returned to the Department as “not deliverable as addressed – unable to forward.”

On December 5, 2022, the Department sent Respondent a message via the Department’s message center, informing him that the Notice was returned as “undeliverable,” advising Respondent of the requirement to notify the Department of a change in personal information within ten (10) days, and instructing Respondent to immediately update his personal information. Respondent read the message on that same date, however, did not respond.

On January 11, 2023, the Department sent Respondent a letter via certified mail at his mailing address on record and email, informing Respondent that the Department was forwarding the matter to the Arizona Attorney General General’s office to initiate administrative hearing proceedings for disciplinary action due to Respondent’s failure to comply with the Consent Order.

Respondent has not responded to the Department’s multiple attempts to communicate with him, has not submitted the affidavit as required, and has not updated his personal information with the Department.

The Department argued that Respondent’s conduct constituted violations of A.R.S. §§ 32-2153(A)(3) and (A)(24), and A.A.C. R4-28-303(D)(3), 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 file a quarterly affidavit as required by the Consent Order. Therefore, Respondent violated A.R.S. §§ 32-2153(A)(3) and (A)(24).

The evidence of record established that the Department’s correspondence to Respondent via certified mail was returned as undeliverable, and therefore, that Respondent failed to notify the Department within ten (10) days of any changes in his residence address or residential mailing address, in violation of A.A.C. R4-28-303(D)(3).

The Department established that it has grounds to revoke Respondent’s license pursuant to A.R.S. §§ 32-2153(A)(3) and (A)(24), and A.A.C. R4-28-303(D)(3).

RECOMMENDED ORDER

IT IS ORDERED revoking Joseph Tukovits’ Real Estate Salesperson’s License Number SA69752900.

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, April 3, 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]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Raya Gardner

Assistant Attorney General

[email redacted]

Joseph Tukovits

[email redacted]

By: OAH Staff