ALJDEC

98A-H1949-REL · Department of Real Estate · 1998-06-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 15, 1998 APPEARANCES: Assistant Attorney General Moira McCarthy on behalf of the Arizona Department of Real Estate; Respondent did not appear at the hearing ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT On May 30, 1997, Leon A. Brown, Jr. (“Mr. Brown”) submitted an application for a real estate salesperson’s license (the “Application”) with the Arizona Department of Real Estate (the “Department”). Mr. Brown answered “No” to question 1 on the Licensing Affidavit attached to the Application which asked “Have you ever been convicted of any felony, misdemeanor or other crime OR do you have any formal charges pending?” On June 4, 1997, the Department issued Mr. Brown a real estate salesperson’s license which is due to expire on May 31, 1999. On February 3, 1981, an information was filed in The State of Utah v. Leon A. Brown and Robert Dean Espinosa, Circuit Court, State of Utah, Criminal No. 81CRS 0295, charging Mr. Brown with Aggravated Robbery, a First Degree Felony. On March 17, 1983, Mr. Brown pleaded guilty to Attempted Robbery, a Third Degree Felony, in Case No. CR 81-286, which was accepted by the Court. On April 18, 1983, in Case No. CR 81-286 the Court sentenced Mr. Brown to 0- years imprisonment in the Utah State Prison, ordered him to pay a $5,000.00 fine and placed him on supervised probation for fifteen months. The Court suspended the term of imprisonment for Mr. Brown and all but a $1,000.00 fine on the condition that Mr. Brown comply with the terms of his probation. Mr. Brown did not present any evidence to refute or rebut the evidence presented by the Department the above-mentioned conviction on the Application. CONCLUSIONS OF LAW The evidence of record as set forth above in the Findings of Fact establishes that Mr. Brown procured a real estate salesperson’s license by fraud, misrepresentation or deceit, or by filing an original application which was false or misleading in violation of A.R.S. §32-2153(B)(1). Mr. Brown’s conviction in Case No. CR 81-286 for Attempted Robbery represents a felony conviction within the meaning of A.R.S. §32-2153(B)(2).

Mr. Brown’s conduct leading to the above-mentioned felony conviction and his failure to provide disclosure of his felony conviction on the Application demonstrates that Mr. Brown is not a person of honesty, truthfulness, and good character within the meaning of A.R.S. §32- 2153(B)(7). Based on the above, grounds exist for the Commissioner of the Department to suspend, revoke, or deny the renewal of, or the right of renewal of Mr. Brown’s real estate salesperson’s license pursuant to A.R.S. §§32- 2153(B)(1), (B)(2), and (B)(7). Based on the above, grounds exist for the Commissioner of the Department to impose a civil penalty of $1,000.00 per violation pursuant to A.R.S. §32- 2160.01. RECOMMENDED ORDER The Administrative Law Judge recommends that the Commissioner of the Department revoke the real estate salesperson’s license that the Department issued to Leon A. Brown, Jr., and assess against Mr. Brown a civil penalty in the sum of $2,000.00 to be paid within 45 days of the Order entered in this matter. Done this day, June 25, 1998.

_________________________________ LEWIS D. KOWAL Administrative Law Judge

Original transmitted by mail this ____ day of June, 1998, to:

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

By _______________________________

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