ALJDEC decisions subject to certification as final
22F-495-REL · Department of Real Estate · 2022-10-26
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Real Estate Salesperson License of:
Zoltan Vincze, holder of license number SA516356000,
Respondent
No. 22F-495-REL
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: October 13, 2022
APPEARANCES: Assistant Attorney General James Rolstead represented the Arizona Department of Real Estate. Bret Biesenthal appeared as a witness for the Arizona Department of Real Estate. Respondent Zoltan Vincze appeared on his own behalf. Susan Hack and Raya Gardner were present as observers.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
On April 30, 1999, the Arizona Department of Real Estate (“Department”) issued Real Estate Salesperson License Number SA516356000 to Zoltan Vincze (“Respondent”). The license is scheduled to expire on April 30, 2023.
Bret Biesenthal, Senior Investigator for the Department testified regarding Respondent’s licensing history and the facts giving rise to the instant matter.
On July 5, 2020, Respondent was involved in a domestic dispute during which Respondent “reported he had just shot a firearm.” Respondent reported to police that “individuals inside his residence were teasing him so he shot off a gun.” Victim statements indicated that Respondent “walked into the master bedroom that one of the victims rents, pointed a firearm a[t] three individuals inside . . . and fired one round into the wall, missing all three individuals.”
On March 30, 2022, Respondent pleaded guilty in Maricopa County Superior Court, Case Number CR2020-126245-001, to Count 2: Unlawful Discharge of Firearm, a Class 6 Designated Felony.
On June 6, 2022, the Court found Respondent guilty, suspended imposition of sentence and placed Respondent on supervised probation for two years. Respondent’s two year term of supervised probation began on June 6, 2022.
On June 22, 2022, the Department received a message from Respondent stating in pertinent part, “. . . I’m sorry I forgot to notify you regarding my conviction, there is no excuse for that.”
Respondent did not disclose the conviction to the Department within ten (10) days as required.
On June 30, 2022, the Department summarily suspended Respondent’s real estate salesperson license. Mr. Biesenthal testified that Respondent did not appeal the Order of Summary Suspension.
On July 6, 2022, the Department received a written statement from Respondent detailing the events that gave rise to the conviction.
The Department argued that Respondent’s conduct constituted violations of A.R.S. §§ 32-2153(A)(3) and (B)(2), A.A.C. R4-28-301(F) and A.A.C. R4-28-303(D) and warrants the revocation of his license.
Respondent testified that the written statement he submitted to the Department explains the circumstances that led to the incident for which he was convicted. Respondent testified that he had been scheduled for a root canal the day after the incident and at the time of the incident he was on “serious medications” and a “guy attacked him.” Respondent contended that he is “innocent,” however, plead guilty because he “could not afford to go to trial and could not take the chance because of his daughter,” and therefore, “had no choice but to plead guilty.”
CONCLUSIONS OF LAW
Pursuant to A.R.S. § 32-2153(E), the lapsing or suspension of a license by operation of law or by order or decision of the Commissioner or a court of law or the voluntary surrender of a license by a licensee shall not deprive the Commissioner of the jurisdiction to proceed with any investigation of or action or disciplinary proceeding against the licensee or render a decision suspending or revoking the license.
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 was convicted in a court of competent jurisdiction of Unlawful Discharge of Firearm, a Class 6 Designated Felony, and failed to timely report that conviction.
The Department established it has grounds to revoke Respondent’s license pursuant to A.R.S. § 32-2153(A)(3), A.R.S. § 32-2153(B)(2), and A.A.C. R4-28-301(F); and A.A.C. R4-28-303(D).
RECOMMENDED ORDER
IT IS ORDERED revoking Zoltan Vincze’s Real Estate Salesperson’s License Number SA516356000.
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 shall be five (5) days from the date of the certification.
-54864001
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-137160-45720000Done this day, October 26, 2022.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted electronically to:
Louis Dettorre, Commissioner
Arizona Department of Real Estate
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-137160-45720000By Miranda Alvarez
Legal Secretary