ALJDEC - Licensing

23F-135-REL-RES · Department of Real Estate · 2023-08-31

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-RES

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 16, 2023

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 a real estate salesperson license number SA695625000 to Jennifer Majuta (“Respondent”). The licensure expired on March 31, 2023.

On January 24, 2023, an administrative hearing was held at the Office of Administrative Hearings on allegations that Respondent had failed to disclose a misdemeanor conviction for criminal trespass within ten days, and failed to update her personal information with ten days as required under the Department’s rules.

Respondent failed to appear at the administrative hearing and did not provide a reason for her absence. As a result, the hearing proceeded in her absence and the Department presented evidence and witness testimony regarding the allegations against Respondent.

On February 6, 2023, the tribunal issued an Administrative Law Judge Decision and Recommended Order. The Administrative Law Judge (“ALJ”) concluded that Respondent failed to notify the Department of her criminal conviction and disclose her change of address in violation of the real estate statutes and rules. Based on these conclusions, the ALJ recommended that Respondent pay a civil penalty in the amount of $1,000.00 to the Department.

On February 24, 2023, the Commissioner issued a Final Order that was sent to Respondent via certified mail, regular mail and the Department’s message center. The Final Order adopted the ALJ Decision and Recommended Order in its entirety and ordered Respondent to pay a civil penalty of $1,000.00 to the Department within thirty days. The Final Order further ordered that the Department shall impose further discipline upon Respondent if she failed to pay the civil penalty within the thirty day deadline.

On February 24, 2023, after the Final Order was issued, the Department sent Respondent an e-mail to her e-mail address on file with the Final Order included as an attachment. Respondent failed to pay the civil penalty by the thirty (30) day deadline of March 26, 2023.

On April 7, 2023, the Department sent Respondent a second e-mail regarding payment of the civil penalty to her e-mail address on file. In this e-mail, the Department informed her that a link for payment of the civil penalty had been sent to her licensing file and that the link would remain active until the end of business on April 17, 2023. Respondent failed to pay the civil penalty by the extended deadline.

On or about June 29, 2023, the Department issued a Notice of Hearing and Complaint, setting a hearing in this matter for August 16, 2023.

At hearing, the Department presented the testimony of Lauren Abril and offered seven exhibits into evidence.

Ms. Abril was a Settlement and Compliance Officer for the Department. She testified as to the above timeline.

Ms. Abril testified that the Department received a document from Respondent on or about March 17, 2023, however, it was unresponsive to the Final Order and Respondent’s intent to pay the fine. This was the only communication however sent from Respondent.

Ms. Abril testified that the Department now sought to revoke Respondent’s license as her actions in both matters have demonstrated a lack of ability to be regulated. Further, Ms. Abril testified that despite the lapse in Respondent’s license, the Department retained the jurisdiction to revoke the same.

The tribunal waited ten minutes for Respondent to appear. Respondent failed to appear or otherwise contact the Office of Administrative Hearings to explain her absence therefore, Respondent presented no testimony or evidence to support her position.

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 pay the civil penalty timely, and thus, violated a condition or term of a commissioner’s order, in violation of A.R.S. § 32-2153(A)(24).

Based upon the entirety of the matter the evidence of record established that grounds exist to revoke Respondent’s real estate license pursuant to A.R.S. §32-2153(A)(24).

RECOMMENDED ORDER

Based upon the foregoing,

IT IS RECOMMENDED that the Department revoke Respondent’s real estate salesperson license number SA695625000 be revoked.

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, August 31, 2023.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Susan Nicolson, Commissioner

Arizona Department of Real Estate

Raya Gardner

[email redacted]

Jennifer Majuta

1234 Evans Rd., #1621

San Antonio, TX 78258

[email redacted]

By: OAH Staff