ALJDEC decisions subject to certification as final
23F-388-REL · Department of Real Estate · 2024-01-02
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Real Estate License of:
STURDIVANT, AUBREY, holder of license number SA659493000
Respondent
No. 23F-388-REL
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 13, 2023
APPEARANCES: Respondent Aubrey Sturdivant did not appear. The Arizona Department of Real Estate was represented by Assistant Attorney General James Rolstead.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
EXHIBITS ADMITTED INTO EVIDENCE: Department Exhibits 1 through 6.
_____________________________________________________________________
FINDINGS OF FACT
On or about August 26, 2015, the Arizona Department of Real Estate (Department) issued Salesperson License No. SA659493000 to Aubrey Sturdivant (Respondent). On or about August 31, 2023, Respondent’s license expired.
On or about March 28, 2023, Petitioner pled guilty to and was convicted of Fraudulent Schemes and Artifices, a Class 2 Felony, and two counts of Filing a False Tax Return, Class 5 Felonies, in the Superior Court of Arizona, Maricopa County in case number CR2021002282-002. Respondent was sentenced to nine months in county jail from March 28, 2023, through December 28, 2023; supervised probation for a period of seven years to begin on March 28, 2023; restitution to the Arizona Department of Revenue in the amount $1,052,616.31; 100 hours of community service; and fines and fees in excess of $100,000.00.
On or about June 23, 2023, the Department issued an Order of Summary Suspension and Notice of Opportunity for Hearing (Order). Respondent appealed the Order.
On or about November 3, 2023, the Department issued a Notice of Hearing and Complaint (Notice of Hearing) setting an administrative hearing before the Office of Administrative Hearings at 1:00 p.m. on December 13, 2023. The Department sent copies of the Notice of Hearing to Respondent at her mailing address of record, at her email address of record, and at the Lower Buckeye Jail.
A November 28, 2023 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on December 13, 2023.
Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear personally or through an attorney. Consequently, Respondent did not present any evidence to defend her license.
The Department argued that Respondent’s conduct constituted violations of A.R.S. § 32-2153(B)(2), (5), and (9), and warranted the revocation of her license.
CONCLUSIONS OF LAW
The Commissioner has jurisdiction over Respondent and the subject matter in this case.
The copies of the Notice of Hearing that the Department sent to Respondent at her address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).
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.R.S. § 32-2157(C) provides, in pertinent part, as follows:
The department may issue a summary suspension when the department receives notice that a person licensed pursuant to this chapter has been convicted of a felony offense and is currently incarcerated for the conviction, paroled or under the supervision of a parole or community supervision officer or is on probation as a result of the conviction. This subsection does not limit the commissioner's authority to seek revocation of a license or other disciplinary action pursuant to this chapter.
The evidence of record established that Respondent was convicted in a court of competent jurisdiction of Fraudulent Schemes and Artifices, a Class 2 Felony, and two counts of Filing a False Tax Return, Class 5 Felonies, within the meaning of A.R.S. § 32-2153(B)(2), (5), and (9). At the time of the summary suspension, Respondent was incarcerated for that conviction. Therefore, the imposition of a summary suspension was warranted.
The Department established it had grounds to revoke Respondent’s license pursuant to A.R.S. § 32-2153(B)(2), (5), and (9).
RECOMMENDED ORDER
IT IS ORDERED upholding the summary suspension issued by the Department.
IT IS FURTHER ORDERED revoking Aubrey Sturdivant’s License No. SA659493000.
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, January 2, 2024.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Susan Nicolson, Commissioner
Arizona Department of Real Estate
Aubrey Sturdivant
[email redacted]
Aubrey Sturdivant
Booking # G013997
Lower Buckeye Jail
3250 W. Lower Buckeye Road
Phoenix, AZ 85009
James Rolstead
Attorney General's Office
[email redacted]
By: OAH Staff