ALJDEC

98A-H1978-REL · Department of Real Estate · 1999-01-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 19, 1999.

APPEARANCES: Respondent, Randall W. Coroneos, failed to appear.

The Arizona Department of Real Estate (herein called the “Department”) was represented by Assistant Attorney General, Michael T. Denious, Esq.

ADMINISTRATIVE LAW JUDGE: Robert. I. Worth _____________________________________________________________________

Evidence and testimony were presented, and based upon the entire case record, including all filed pleadings, the following Findings of Fact, Conclusions of Law and Recommended Order have been prepared and are hereby submitted by the Administrative Law Judge for review, consideration, approval and adoption by the Commissioner of the Department (herein called the “Commissioner”).

FINDINGS OF FACT

1. The start of the scheduled hearing was delayed for approximately twenty-five minutes so as to allow more time for an appearance by Respondent, Randall W. Coroneos. However, Respondent did not attend the hearing despite a showing in the case file that sufficient advance written notice of hearing had been properly transmitted to the correct address of record for Respondent.

2. Respondent had applied for and was issued a real estate salesperson’s license in February, 1997. His submitted application disclosed a prior conviction for a felony in addition to numerous misdemeanors, all of which he claimed to have been

attributable to an admitted alcohol problem. His avowal that his extensive criminal record was behind him and that he was living a different lifestyle, submitted together with several letters from other individuals attesting to his good character, served to induce the Department to issue the license sought by Respondent despite its knowledge of his extensive prior criminal record. However, as expressly set forth in a communication notifying Respondent of the granting of his license application, the Department reserved the right to re-allege his entire criminal history in any future proceeding involving the licensee’s status. The Department has done so hereunder.

3. The disclosed felony conviction was for acts committed on November 25, 1991 and consisted of the offense of unlawful imprisonment, a Class 6 felony. Pursuant to the terms of Mr. Coroneos’ guilty plea agreement, the Court on January 14, 1992 withheld its judgment of guilt, but sentenced Respondent to a term of three years of probation plus a requirement to participate in a DWI Victim Impact Panel Program.

4. One condition of Respondent’s probation, which had formed a part of his sentence on the above-described felony charges, was that he abstain from consuming alcoholic beverages. However, very shortly after the sentencing date the Court entered a further Order on February 13, 1992 effectively revoking Mr. Coroneos’ probation for having violated the condition inserted expressly because of his ongoing and chronic drinking problems, also convicting Respondent of the Class 6 felony as charged. A sentence for a term of imprisonment was imposed.

5. After the Department’s issuance of the real estate salesperson’s license presently held, Respondent pleaded guilty to and was convicted of a felony consisting of child abuse and neglect, relating to two of his minor granddaughters while in his care. The charges has also included the intentional or reckless causing of injury to a firefighter who was performing his duty of attempting to assist Respondent who was highly intoxicated at the time.[1] At the time he was taken into custody, Respondent was shown to have been both verbally and physically abusive. The offense was committed

on September 14, 1997, which was approximately seven months after having received his real estate license, and the date of conviction was February 2, 1998.

6. For the above-described Class 6 felony, Mr. Coroneos was sentenced to a three-year period of supervised probation that is not due to expire until February 2, 2001. The conditions of probation included a term of 90- days of incarceration in the Yavapai County Jail, with credit for 3 days previously served. Additionally, Respondent was ordered to pay a combined total of approximately $560.00 in fines and fees as well as to pay $40.00 per month for the duration of his probation period. There was no evidence presented that demonstrated Respondent’s compliance with these payment conditions.

7. While the felony offense was still pending, and prior to conviction therefor, Mr. Coroneos was once again arrested, charged with and convicted for Driving Under the Influence of alcohol (“D.U.I.”), a type of offense that had been frequently repeated in the criminal history of this Respondent/Licensee. This most recent D.U.I. violation was committed on December 30, 1997, and the date of conviction was February 17, 1998.

8. Mr. Coroneos received a sentence on the D.U.I. charges consisting of 10 days incarceration in jail, 9 days of which were suspended, conditioned upon Respondent completing an alcohol screening program. Additionally, he was ordered to pay a combined total of $450.00 in fines and fees.

9. The evidence of record further revealed that Respondent failed to notify the Department of either of his February, 1998 criminal convictions until after a mandatory 10-day time limit for such notification had expired, in violation of a specific Department rule applicable to all holders of real estate licenses.

10. With the exception of several limited time periods, the numerous efforts undertaken by Mr. Coroneos to address his drinking problems have been generally unsuccessful. These efforts included his participation in several separate residential treatment programs.

11. The numerous and repeated instances of understanding and leniency shown by law enforcement and by licensing authorities in the past appear to have been far less than rewarding in the case of Randall W. Coroneos. On the contrary, he has demonstrated a near-total inability to either substantially eliminate his admittedly long-standing alcohol dependence or to significantly improve his tendencies to lose impulse control over his actions and reactions.

12. By his failure to attend and to participate in the scheduled administrative hearing, Mr. Coroneos presented no evidence in defense or in mitigation of the within charges.

CONCLUSIONS OF LAW

1. The Commissioner is empowered in this matter to impose a disciplinary penalty against Respondent’s license pursuant to the provisions of A.R.S. §32-2153(B)(2) based upon his conviction of a felony by Order of a Court of competent jurisdiction. Moreover, the unexpired balance of the three-year period of probation which is still being served also renders Respondent ineligible to renew his license as set forth in A.R.S. §32-2130(E).

2. The evidence of record further supports the imposition of a disciplinary penalty pursuant to A.R.S. §32-2153(B)(7) based upon Respondent’s conduct and actions which reflect adversely upon the good character requisite for continued licensure. Additional grounds exist to impose a disciplinary penalty against Respondent under the provisions of A.R.S. §32-2153(B)(10) for his violation of State laws that involve violence to another person.

3. The evidence established that by failing to notify the Commissioner of his February, 1998 felony and D.U.I. convictions within ten days, Mr. Coroneos has violated the express provisions of a rule applicable to holders of real estate licenses, and he is therefore subject to the imposition of disciplinary penalties for violation of A.R.S. §32- 2153(A)(3); namely, A.A.C. Rule R4-28-301(C)(1).

4. Under the proven facts and circumstances of record in this case, the imposition of a license revocation by the Commissioner appears to be appropriate and fully warranted hereunder. Although grounds also exist for the Commissioner to impose a monetary civil penalty against this Petitioner pursuant to A.R.S. §32-2160.01, it is concluded that no useful purpose would be served under all the circumstances by imposing any civil penalty at this time.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Commissioner enter his Order revoking the real estate salesperson’s license issued to and held by Randall W. Coroneos.

Dated: January 27, 1999. 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 (Suite 100) Phoenix, AZ 85018

ATTN: Bonnie Hollon ----------------------- [1] The documentary exhibits revealed that Respondent’s blood alcohol content was .36, a reading that is far in excess of normal sobriety levels.

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