ALJDEC decisions subject to certification as final

23F-167-REL · Department of Real Estate · 2023-08-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

MITCHELL, JASON, holder of license number SA575892000

Respondent.

No. 23F-167-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 9, 2023

APPEARANCES: Assistant Attorney General Raya Gardner represented the Arizona Department of Real Estate. Respondent Jason Mitchell did not appear.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

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FINDINGS OF FACT

1. On May 25, 2006, the Department issued real estate salesperson license number SA575892000 to Respondent Jason Mitchell that is set to expire on May 31, 2024.

2. On December 14, 2022, Respondent entered into an Accelerated Settlement Agreement and Order (Order) with the Department.

3. As part of the Order, Respondent was required to complete six (6) hours of Live Classroom (in classroom or Remote Hosted/video livestreamed) continuing education courses in addition to the continuing education courses required for license renewal. The Order provided that Respondent had to complete this requirement within 60 days after the entry of the Order.

4. On December 14, 2022, the Department sent an Introduction Letter to Respondent that contained, among other information, detailed instructions regarding his compliance with the Order. The Introduction Letter instructed Respondent that he had to complete the six (6) hours of continuing education courses and submit completed course certificates to the Department by February 14, 2023.

5. On February 13, 2023, Respondent contacted the Department via written correspondence through the Department’s message center and requested an extension of the deadline to complete the continuing education courses due to personal circumstances. In response to this correspondence, the Department granted Respondent an extension to February 27, 2023.

6. Respondent failed to complete the continuing education courses and submit the course certificates by the extended deadline. Further, Respondent did not communicate with or contact the Department about the matter again until eight (8) days after the extended deadline had passed.

7. On March 7, 2023, Respondent contacted the Department via telephone and requested an indefinite extension because he was unable to complete the continuing education courses any time in the foreseeable future due to his personal circumstances. During this conversation, the Department informed him that such requests could not be handled over the phone and asked that he submit his request in writing through the Department message center by March 10, 2023. Respondent agreed to submit the written request for an extension.

8. Respondent did not submit a written request through the Department message center by March 10, 2023. 9. Respondent has not completed the six (6) hours of continuing education courses or submitted the course certificates as required under the Order. However, Respondent has since completed three hours of continuing education courses.

9. A hearing was held on August 9, 2023. At hearing, the Department presented the testimony of its Compliance Officer, Lauren Abril. The Department submitted exhibits 1 through 13.

10. Respondent did not request to appear or that the hearing be continued. Although the start of the duly noticed hearing was delayed approximately fifteen minutes, Respondent did not appear, personally or through an attorney. Consequently, Respondent did not present any evidence to defend his real estate salesperson’s license.

CONCLUSIONS OF LAW

The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(2).

The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

A preponderance of the evidence is:

The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Black’s Law Dictionary 1373 (10th ed. 2014).

Ariz. Rev. Stat. § 32-2153(A) provides in pertinent part:

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, within five years immediately preceding, in performing or attempting to perform any acts authorized by the license or by this chapter, has:

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24. Violated any condition or term of a commissioner's order.

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Pursuant to A.R.S. § 32-2160.01, the Commissioner has jurisdiction to

assess a civil penalty of up to One Thousand Dollars ($1,000.00) per violation for any violation of any provision of Title 32, Chapter 20 or any rules adopted by the Commissioner.

The preponderance of the evidence shows that Respondent has violated terms of a commissioner’s order, which is a violation of Ariz. Rev. Stat. § 32-2153(A)(24).

The Department established by a preponderance of the evidence that

Respondent failed to notify the Department of her new address, which is a violation of Ariz. Admin. Code § R4-28-303(D)(3).

8. Based on the proven violations, the Department has authority to suspend

Respondent’s license and impose a civil penalty. See Ariz. Rev. Stat. § 32-2153(A)(24) and Ariz. Rev. Stat. § 32-2160.01. Considering the facts and circumstances of this matter, Respondent’s license should be suspended and a civil penalty should be assessed.

ORDER

IT IS ORDERED that Jason Mitchell’s real estate salesperson license No. SA575892000 is suspended until Mr. Mitchell complies with the Commissioner’s Order.

IT IS FURTHER ORDERED that a civil penalty in the amount of $1,000.00 be assessed against Respondent pursuant to A.R.S. § 32-2160.01.

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.

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-137160-45720000Done this day, August 29, 2023.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Susan Nicolson, Commissioner

Arizona Department of Real Estate

By: OAH Staff