ALJDEC decisions subject to certification as final

22F-482-REL · Department of Real Estate · 2023-01-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

JENNIFER SLACK, holder of license number SA678105000,

Respondent.

No. 22F-482-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 5, 2023

APPEARANCES: Respondent Jennifer A. Slack represented herself. Assistant Attorney General Raya Gardner represented the Arizona Department of Real Estate.

ADMINISTRATIVE LAW JUDGE: Kay Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

1. On May 30, 2018, the Arizona Department of Real Estate (“Department”) issued real estate salesperson license number SA678105000 to Jennifer A. Slack (“Ms. Slack”). While that original license expired on May 31, 2022, Ms. Slack’s current license expires on May 31, 2024. See Exhibit 1.

2. On or about June 15, 2022, the Department received a renewal application from Ms. Slack. See Exhibit 2. On that renewal application, Ms. Slack disclosed that she had voluntarily surrendered a professional license during the course of an investigation.

3. On June 15, 2022, the Department granted Ms. Slack a renewal of her real estate salesperson license number SA678105000 and reserved the right to pursue further disciplinary action upon completing a review of the then-disclosed disciplinary action.

4. On January 2, 2019, Ms. Slack entered into a Stipulated Agreement (“Agreement”) for the Arizona Board of Nursing’s Alternative to Discipline Program (“ADP Program”). The Arizona Board of Nursing (“Board”) had received complaints about inappropriate and excessive alcohol use, including alcohol use during her nursing work hours. Additionally, the Board was informed about an unreported DUI conviction. The Agreement required three years of compliance with the terms of the Agreement and cessation of the nursing practice until Ms. Slack was approved for a return to practice under multiple conditions.

5. On or about August 14, 2019, Ms. Slack executed a First Addendum to the Agreement due to several instances of noncompliance with the Agreement. In August 2020, the Board again found that Ms. Slack had failed to comply on multiple occasions with the terms of the Agreement.

6. On September 21, 2020, Ms. Slack was discharged from the AD Program due to noncompliance and the Board issued its Notice of Suspension. See Department Exhibit 4.

7. On March 2, 2021, Ms. Slack executed a Consent Order with the Board voluntarily surrendering her nursing license and advanced practice certification and admitting to the Board’s “Findings of Fact” and “Conclusions of Law” set forth within the Consent Order. See Department Exhibit 5.

8. Having reserved the right to pursue further disciplinary action upon completing a review of the now-disclosed disciplinary action, on November 16, 2022,

the Department issued its Notice of Hearing and Complaint alleging violations of real estate laws and rules. See Department Exhibit 7.

9. At the January 5, 2023 administrative hearing, Ms. Slack testified on her own behalf and submitted exhibits A through H. The Department presented the testimony of its Senior Investigator, Brett Biesenthal, and submitted exhibits 1 through 6.

10. Ms. Slack presented testimony regarding some of the circumstances of noncompliance with the Agreement and explained that she had not understood some of the conditions, and further stating that she had been “advised” to execute the Agreement because she could reapply to the Board in three years. Overall, Ms. Slack felt that the Board had also not considered or accepted her explanations of those circumstances.

11. Regarding the Department’s proposed disciplinary action, Ms. Slack argued that she is in good mental health and has been enjoying the real estate practice, and she requested to retain her license.

12. The Department’s position was that Ms. Slack’s license should be revoked due to her violations of real estate laws and rules.

CONCLUSIONS OF LAW

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

Pursuant to Ariz. Rev. Stat. section 41-1092.07(G)(2) and Ariz. Admin. Code 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 Ariz. Admin. Code 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:

* * *

3. Been guilty of any conduct, whether of the same or a different character than specified in this section, that constitutes fraud or dishonest dealings.

* * *

8. Violated the terms of any criminal or administrative order, decree or sentence.

* * *

The undisputed evidence shows that Ms. Slack’s action in failing to timely disclose, within 10 days, the Board’s disciplinary action, was a violation of Ariz. Admin. Code R4-28-303(D) and Ariz. Admin. Code R4-28-301(F).

The hearing record demonstrates undisputed evidence that Ms. Slack’s actions of (a) conduct which constitutes fraud or dishonest dealing, and (b) violations of an administrative order, in her noncompliance with the Board’s Agreement and the Board’s First Addendum, are considered violations of Ariz. Rev. Stat. section 32-2153(B)(5) and (8).

Ms. Slack contended that she is a changed person and should be given the opportunity to continue to serve as a real estate salesperson. However, Ms. Slack failed to provide any legal authority to establish that the Department’s proposed action to revoke the previously-granted licensure was improper given the facts herein. The Tribunal concludes that the Department’s proposed action to revoke be upheld and that Ms. Slack’s appeal 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, January 25, 2023.

/s/ Kay Abramsohn

Administrative Law Judge

Transmitted electronically to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

100 N. 15th Avenue, Suite 201

Phoenix, Arizona 85007

[email redacted]

Raya Garner, Esq.

Office of the Attorney General

Public Law Section

2005 N. Central Ave.,

Phoenix, Arizona 85004-1592

[email redacted]

Jennifer Slack

3411 N. Kachina Lane

Scottsdale, AZ 85251

[email redacted]

By: OAH Staff

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