ALJDEC

98A-H1945-REL · Department of Real Estate · 1998-08-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on June 16, 1998 and for further hearing on August 10, 1998. On both occasions, the Respondent was represented by his attorney, Robert N. Bass, Esq. and the Arizona Department of Real Estate (herein called the “Department”) was represented by Assistant Attorney General, Michael T. Denious, Esq.

FINDINGS OF FACT

1. Immediately following a prolonged recess taken during the presentation of evidence and testimony at the second hearing session, the parties confirmed to the Administrative Law Judge that they had concluded an agreement, to be embodied within a Consent Order, the essential general terms of which were read onto the record.

2. Pursuant to the provisions of the parties’ agreement, the terms of the proposed Consent Order to be presented to the Commissioner of the Department for his approval, adoption and entry, shall include agreed findings and conclusions (i) that Respondent has violated certain specified subsections of the State’s real estate laws, (ii) that a suspension for a stated time period would be imposed upon Respondent’s salesperson’s license and (iii) that Respondent would pay a specified civil penalty

amount. The provisions of the proposed Consent Order would also incorporate a statement by Respondent relating to the reasons for his actions.

3. The overall terms of the foregoing settlement, including the proposed contents of the Consent Order to be presented to and entered by the Commissioner, appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations which should be recognized and given effect by all tribunals.

2. The agreement of settlement reached and submitted during the hearing of this matter, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing and the remanding of this matter to the Department of Real Estate for appropriate action by the Commissioner in accordance with the terms of the parties’ agreement as concluded at the hearing of this case.

ORDER AND RECOMMENDATION

In view of the foregoing, IT IS HEREBY ORDERED that Case Number 98A- H1945-REL shall be REMANDED to the Commissioner of the Arizona Department of Real Estate with the recommendation that the Commissioner approve, adopt and enter

a Consent Order which contains provisions generally consistent with the terms of the settlement agreement as read upon the record at the hearing of this matter and which is to be prepared and presented in advance by counsel for the respective parties.

Dated: August 12, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Jerry Holt, Commissioner Department of Real Estate 2910 North 44th Street, Ste. 100 Phoenix, AZ 85018

ATTN: Bonnie Hollon -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826