ALJDEC decisions subject to certification as final

23F-135-REL · Department of Real Estate · 2023-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

JENNIFER MAJUTA, holder of license number SA695625000,

Respondent

No. 23F-135-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 13, 2021

APPEARANCES: Assistant Attorney General Raya Gardner appeared on behalf of the Arizona Department of Real Estate. Respondent Jennifer Majuta failed to appear.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

On March 29, 2021, the Arizona Department of Real Estate (“Department”) issued real estate salesperson license number SA695625000 to Jennifer Majuta (“Respondent”). The current licensure expires on March 31, 2023.

On or about April 21, 2022, Respondent was convicted of criminal trespass in the third degree, a class 3 misdemeanor, in Sahuarita Municipal Court, case number M-1046-CM-[number redacted].

On or about August 4, 2022, the Arizona Department of Public Safety (“DPS”) informed the Department that Respondent’s Fingerprint Clearance Card was suspended due to Respondent’s arrest for the above misdemeanor.

Also on August 4, 2022, the Department sent correspondence to Respondent notifying her of DPS’s action. That correspondence was sent certified mail to Respondent’s address of record.

On August 11, 2022, Respondent mailed correspondence to the Department disclosing the conviction and the circumstances surrounding the same.

Also on that same date, the Department sent an Investigation of Disciplinary Action Disclosure Notice (“Notice”) to Respondent at her address of record, requesting that within 30 days, she provide all documents listed in the Department’s Disclosure Document Checklist LI-400 form.

On or about September 23, 2022, the Department also corresponded with Eric Gibbs, Respondent’s employing broker, notifying him that Respondent had failed to respond to the Department’s request for records. Mr. Gibbs respondent and informed the Department that Respondent had moved to Texas.

On or about October 2, 2022, the Department received correspondence from Respondent, with a return address of San Antonio, Texas, which was substantially similar to her prior correspondence.

On or about December 19, 2022, the Department issued a Notice of Hearing setting a hearing for January 24, 2022, at the Office of Administrative Hearings, an independent State agency.

Although the commencement of the hearing was delayed by fifteen minutes, Respondent failed to appear or provide any excuse for her absence. Thus, the hearing proceeded in her absence.

At hearing, the Department offered the testimony of Senior Investigator Steven Hooper and submitted 10 exhibits into evidence.

Investigator Hooper testified as to the above timeline. He also testified specifically that Respondent failed to notify the Department in writing within 10 days of any criminal conviction and providing the supporting documentation, and failing to update her address with Department.

As to the lack of disclosure of the criminal conviction, Investigator Hooper testified that the Department had no record of Respondent providing the requested documentation under the Department’s rules.

Further, Investigator Hooper testified that despite Respondent placing her new address on her correspondence, it was not the proper way to update an address with the Department. Investigator Hooper testified that Respondent could have updated her address via mail or through the Department’s website, yet this was not completed.

Finally, Investigator Hooper testified that the Department was concerned with Respondent’s failure to provide the required address change and the documents relating to her conviction, as it demonstrated a lack of care in following the Department’s rules and the Arizona statutes.

In conclusion, the Department argued that based upon the two violations a $1,000.00 was appropriate.

CONCLUSIONS OF LAW

Pursuant to A.R.S. Title 32, Chapter 20, the Commissioner has jurisdiction over Respondent and the subject matter in this case. The Arizona legislature has charged the Department with protecting the public and consumers who deal with licensed salespersons when it issues licenses. Pursuant to A.R.S. §32-2153, the Commissioner has authority to deny, suspend, or revoke the real estate license of a broker or salesperson. Pursuant to A.R.S. §32-2160.01, the Commissioner has authority to assess a civil penalty up to $1,000.00 per violation of the real estate laws and rules.

Pursuant to A.R.S. §41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Department 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).

A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).

The evidence of record established that Respondent failed to notify the Department of her criminal conviction and provide supporting documentation, in violation of A.A.C. R4-28-303(D)(1), A.A.C. R4-28-301(F), and A.R.S. § 32-2153(B)(10).

The evidence of record established that Respondent failed to disclose her change of address in violation of A.A.C. R4-28-303(D)((3).

In totality, the evidence of record established that grounds exist to discipline Petitioner’s broker’s license pursuant to A.R.S. §32-2153.

Based on Respondent’s failure to follow the Department’s rules and Arizona Statutes, the Administrative Law Judge concludes that a $1,000.00 civil penalty is appropriate.

RECOMMENDED ORDER

Based upon the foregoing,

IT IS RECOMMENDED that within thirty (30) days of the effective date of the above Final Order entered in this matter, Respondent shall pay to the Department a civil penalty in the amount of $1,000.00, and such payment shall be made by cashier’s check or money order made payable to the Department.

IT IS FURTHER RECOMMENDED in the event that Respondent fails to pay the penalty, the Department take action to impose further discipline upon proper notice to Respondent.

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 five days from the date of that certification.

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001

-137160-45720000Done this day, February 6, 2023.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically or by mail to:

James Knupp, Acting Commissioner

Arizona Department of Real Estate

Raya Gardner

2005 N. Central Ave.

Phoenix, AZ 85004

[email redacted]

Jennifer Majuta

1234 Evans Rd., #1621

San Antonio, TX 78258

[email redacted]

By: OAH Staff

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001

-137160-45720000