ALJDEC

98A-H1952-REL · Department of Real Estate · 1998-11-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 8, 1998 and November 10, 1998 APPEARANCES: Assistant Attorney General Moira McCarthy for the Arizona Department of Real Estate; Robert N. Bass, Esq. for the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT Eric A. Willens (“Mr. Willens”) currently holds a real estate salesperson’s license issued by the Arizona Department of Real Estate (“Department”). During the course of the hearing and outside the Administrative Law Judge’s presence, the parties engaged in settlement discussions and reached a settlement, the essential terms of which were read into the record and are as follows: Mr. Willens admits to the allegations set forth in the Notice of Hearing issued in this matter which is attached to this document and incorporated into this recommended decision; Added to the admissions as set forth above will be an attestation paragraph basically stating that Mr. Willens believes that he transmitted five offers on behalf of Erica Stevens and does not understand why they were not received by the agents for each Seller of the five properties at issue; Mr. Willens admits to violating the provisions of A.R.S. §32-2153(A)(22) and A.A.C. R4-28-1101; Mr. Willens’ real estate salesperson’s license shall be suspended for four months and he shall pay a civil penalty to the Department in the sum of $1,500.00; Mr. Willens shall pay the above-mentioned civil penalty in monthly installments in the amount of $100.00 with the first payment due within two weeks of November 10, 1998; and Reinstatement of Mr. Willens’ real estate salesperson’s license is expressly conditioned on the Department receiving full payment of the above- mentioned civil penalty and, until that occurs, the suspension of that license remains in effect. 3. The terms of the above-mentioned settlement appeared to be reasonable under all of 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 The settlement reached and submitted during the hearing of this matter, having found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER It is recommended that the Commissioner of the Department accept the settlement agreement and adopt its terms as set forth above. Done this day, November 23, 1998.

_________________________________ LEWIS D. KOWAL Administrative Law Judge

Original transmitted by mail this ____ day of November, 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