ALJDEC - Licensing

25F-071-REL · Department of Real Estate · 2025-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Real Estate License of:

Jemell Sheffield, holder of real estate salesperson license number SA712431000,

Respondent.

No. 25F-071-REL

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 10, 2025.

APPEARANCES: Assistant Attorney General Heather McCoy appeared for Complainant. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

EXHIBITS ADMITTED INTO EVIDENCE: Department Exhibits 1 through 3.

_____________________________________________________________________

FINDINGS OF FACT

Jemell Sheffield (Respondent) was the holder of real estate salesperson license, number SA712431000, (License) issued by the Arizona Department of Real Estate (Complainant) on March 22, 2024.

On or around March 21, 2025, Respondent was arrested for Felony Sexual Abuse – Child (A.R.S. § 13-1417).

On or around March 24, 2025, Respondent’s Fingerprint Clearance Card was suspended. Respondent did not seek a good cause exception.

On or around April 2, 2025, Complainant notified Respondent that because his Fingerprint Clearance Card had been suspended his License may be suspended.

The Notice of Hearing was sent to Respondent’s address of record and to the jail at which Respondent was being held.

CONCLUSIONS OF LAW

Complainant had jurisdiction over this matter.

Respondent was deemed to have received notice in this matter.

Complainant bears the burden of proof by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

“The department may suspend a license if the licensee's fingerprint clearance card is suspended and . . . the licensee fails to submit sufficient evidence to prove the individual applied for a good cause exception pursuant to section 41-619.55.”

The preponderance of the evidence established that Respondent’s Fingerprint Clearance Card was suspended and, as of this Decision, remained suspended.

RECOMMENDED ORDER

IT IS RECOMMENDED that Respondent’s real estate salesperson license, number SA712431000, be suspended until Respondent demonstrates that he has a Fingerprint Clearance Card.

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, June 17, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Susan Nicolson, Commissioner

Arizona Department of Real Estate

Jemell Sheffield

[email redacted]

Heather McCoy

[email redacted]

By: OAH Staff