ALJDEC

99A-126-REL · Department of Real Estate · 1999-12-10

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

This matter came on for hearing on December 10, 1999 pursuant to advance notice duly mailed to all interested parties. The named Petitioner, Maria L. Galvan, failed to appear, and The Arizona Department of Real Estate (herein called the “Department”) was represented by Assistant Attorney General, Steven J. Duplissis, Esq. Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law and Recommended Order have been prepared by the undersigned Administrative Law Judge and are hereby submitted for the 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 thirty minutes so as to allow added time for an appearance by or on behalf of the named Petitioner. However, despite the convening of the instant hearing at the express request of Petitioner, neither Maria L. Galvan nor any proper legal representative appeared on her behalf at the hearing.

2. It was demonstrated that written notice of the time and place for the hearing in this matter had been properly sent by Certified Mail to the Petitioner who received same, as evidenced by a signed returned receipt. Her awareness of the instant proceeding was further confirmed by an express avowal from the Department’s legal counsel who also reported that Petitioner had verbally stated her intention not to appear. No requests, timely or otherwise, to continue or postpone the hearing were communicated to this tribunal.

3. The Petitioner did not present any evidence at the hearing in support of her claimed entitlement to licensure or in opposition to the Department’s prior action in denying her license application.

4. Although the Department was prepared to proceed and to present documentary and testimonial evidence, the Petitioner’s default in appearing at the administrative hearing that she had previously requested rendered any presentation by the Department unnecessary.

CONCLUSIONS OF LAW

1. Pursuant to the express provisions of A.R.S. §41-1065, an applicant for a license that has been denied by a State agency is given the right to request an administrative hearing at which such applicant is treated as the moving party, having the burden of proof.

2. Petitioner, by the aforementioned default in appearance at the hearing specifically requested by her, failed to sustain her required burden of proving by a

preponderance of reliable, substantial and probative evidence that the denial action by the Department was unjustified or unwarranted and that she was entitled to the granting of her application for the real estate salesperson’s license sought hereunder.

RECOMMENDED ORDER

In view of the foregoing, and in light of the default by Petitioner in appearing at the scheduled hearing of this matter, it is recommended that the Commissioner of the Department enter an Order affirming the prior denial of the application for licensure filed by Maria L. Galvan and dismissing the appeal action in this case.

Dated: December 13, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Jerry Holt, Commissioner Arizona Department of Real Estate 2910 North 44th Street (Suite. 100) Phoenix, AZ 85018

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

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826