ALJDEC

97A-H1916-REL · Department of Real Estate · 1997-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§ | | |In the matter of the real estate|§ |Docket No.:97A-H1916-REL | |salesperson’s license of: |§ | | | |§ | | |MARCOS ANTONIO CARRASO, |§ |Recommended | | |§ |Decsion and order | |Respondent. |§ | | | |§ | | | |§ | | | |§§| |

HEARING: December 3, 1997, 9:00 a.m. APPEARANCES: The Arizona Department of Real Estate appeared through Assistant Attorney General, Moira McCarthy. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Arizona Department of Real Estate (the “Complainant”) issued an original real estate salesperson’s license to Marcos Antonio Carrasco (the “Respondent”) on July 13, 1990. The Respondent’s salesperson’s license expires on July 31, 1998.

2. There was no dispute that on or about February 25, 1997, the Respondent pled guilty to a charge of Aggravated Driving Under the Influence, While License Suspended, Revoked, or in violation of a Restriction, a class four felony, and that on or about April 10, 1997, the Respondent began serving a four month period of imprisonment at the Arizona Department of Corrections.

3. There was no dispute that the Respondent will remain on supervised probation until August, 2002.

4. There was no dispute that the Respondent has had three prior convictions for Driving While Under the Influence, the first in 1984, the second in 1991 and the third prior conviction in 1992.

5. There was no dispute that the Respondent failed to disclose the prior D.U.I. convictions in his renewal applications in 1992, 1994, and 1996.

6. Credible evidence established that the Respondent procured his real estate person’s license by filing renewal applications which were false or misleading.

7. Credible evidence, produced at hearing, established that the Respondent knew that his renewal applications were false or misleading and knowing failed to disclose his three prior D.U.I convictions.

CONCLUSIONS OF LAW

1. Credible evidence of record established that the Respondent has been convicted, in a court of competent jurisdiction, of a felony in violation of A.R.S. §32-2153(B)(2).

2. Credible evidence of record established that as a result of the Respondent’s failure to disclose his prior D.U.I. convictions on his renewal applications he procured a real estate salesperson’s license by filing renewal applications which were false or misleading, in violation of A.R.S. §32-2153(B)(1).

3. Credible evidence established that grounds exist under A.R.S. §32- 2153(B)(1) for the Commissioner to suspend, or revoke the Respondent’s real estate salesperson’s license pursuant to said statute.

4. Credible evidence established that grounds exist for the Commissioner to assess a civil penalty against the Respondent in an amount not to exceed $1,000.00 for each violation of rule and statue found above pursuant to A.R.S. §32-2160.01.

. . .

. . .

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the real estate salesperson’s license of MARCOS ANTONIO CARRASCO be revoked.

Dated this 9th day of December, 1997.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original of the foregoing mailed this day of December, 1997 to:

Jerry Holt, Commissioner Arizona Department of Real Estate ATTN: Bonnie Hollon 2910 North 44th Street, Ste. 100 Phoenix, AZ 85018

By:

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