DID YOU KNOW,
The number of Arizona real estate licenses
is at an all time high !

b u l l e t i n

Department of

Real

Estate

Despite a relative cooling of the real estate market, there continues to be a
steady increase in applications for real estate licenses.
As of August 31st, 2006, ADRE recorded the following:

▪ 13,614 Broker Licenses
▪ 68,987 Salesperson Licenses
▪ 10,051 Entities
GRAND TOTAL: 92,652!
Compare those numbers to 2000 when there were:
▪ 12,547 Broker Licenses
▪ 41,259 Salesperson Licenses
NOTE: The number of entities was not recorded in 2000.
Over those 6 years, the number of brokers increased by 8.5% while the number of salespersons
increased by 67.2%. That represents an overall growth of 53.5% !
WOW! That’s impressive!
At this time the Department continues to feel “warm and toasty”-no “cooling” here!

The Arizona Business Brokers Association
The Arizona Department of Real Estate received notice on Sept. 5, 2006 that the Valley Board of Business Brokers (VBBB), a 25 year old organization of Business Brokers located in Phoenix, and the Arizona Association of Business Brokers (AABB), a
20 year old organization based in Tucson, joined forces to create a new statewide
Business Broker Association. The Arizona Business Brokers Association (to be
known as "AZBBA") is comprised of regional chapters located in the major metropolitan areas of the state.

For further information visit the AZBBA website: www.azbba.org

Arizona

T H E

Inside this issue:

Aug. / Sept. 2006
Volume 32 — Issue 4

A.D.R.E.: Fiscal ‘06 Year End Up-Date

2

Streamlined License Process

3

Tips for Licensees

4

Compliments about ADRE & Staff

5—6

News from the Department

7—8

Commissioner’s Corner

9

Title Insurance

10

Real Estate in Mexico

10

Disciplinary Decisions

11—23

Huh?

23

New H.O.A. Legislation

23

the ADRE mission
The purpose of the department is to protect the public
interest through licensure and
regulation of the real estate
profession in the State of Arizona.

Updated Figures:
end of Fiscal Year ‘06
In the June Issue of The ADRE Bulletin, on page 2, Richard Simmonds’ article
entitled “Final Thoughts As I Retire” projected that at the end of Fiscal Year ’06, “…the
income we bring into the state will exceed our appropriation by 45% …”
However, after the final Fiscal Year ’06 year end report was compiled, the actual
year-end figures look like this: ADRE’s Income (Revenue to General Fund of
$6,106,092) exceeded ADRE’s Appropriation of $3,718,800 by 64.2% . Œ

ADRE Revenue vs. Appropriation History

7000000
6000000
5000000
4000000
3000000
2000000
1000000
FY 06

FY 04

FY 02

FY 00

FY 98

FY 96

FY 94

FY 92

FY 90

FY 88

FY 86

FY 84

FY 82

FY 80

FY 78

FY 76

0

FISCAL YEARS
REVENUE

APPROPRIATION

A.D. R. E. to present at A. R. E. L. L. O. International Conference
Mary Utley, Communications Director for ADRE, was invited to facilitate a panel at the ARELLO (Association of Real Estate License Law Officials) Annual Conference on September 26, 2006 in San Antonio, Texas. The panel is titled “Languages, Cultures and Treaties: Immigration and Cross-Border Transactions and the Regulator”.
Commissioner Elaine Richardson will provide information on the Arizona-Mexico Commission and its relationship with the Arizona Department of Real Estate. Others in the panel are: Kevin O’Shea (National Law Center for Inter-American Free
Trade); Pablo Silva (National Law Center for Inter-American Free Trade); Rodolfo Elias Calles (Secretary of Economy for Sonora, Mexico);
and, Benjamin Torres (Baker & McKenzie). Discussion will range on a variety of areas regarding real estate transactions in Mexico such as
NAFTA, securitization project in Mexico, Sonora Agent Registry and ADRE Sonora, Mexico Subdivision Application for Public Report. Œ

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Page 2

ADRE Has Streamlined the License Process
by Connie Johnson, Deputy Director, Licensing
The Licensing Division continues to streamline and expedite application processing. This
was especially helpful to a Prescott broker, who
recently shared the following with the Commissioner, “…. The new office arrangement seems to
be working great. Certainly is the fastest processing that I have ever experienced.”
Until recently, licensees lined up in the
lobby and foyer of the ADRE office building. Now
with service available online for timely filed renewals, hire requests, employment severs, and home
and email address changes, the long waiting lines
have diminished and the convenience to the licensee has dramatically increased.
To ensure smooth and prompt processing
of your license renewal, log on before you need to
renew your license. In some cases there have
been incorrect dates of birth or Social Security
numbers in our records that need to be corrected
before you can use the Online System.
You can make changes to your residential
mailing address and your email address online at
any time. Remember, too, that you are required to
report a change of address within 10 days of the
change. Doing so online is quick, easy, and free!
Employment changes--hires and severs--can also
be completed on line if your broker is registered
with the System.
Applications for renewal can be filed up to
90 days before your license expiration date,
and we recommend that you not wait until the last
minute. When filing by mail, too often licensees fail
to submit a complete application, the application is
returned and the processing of the application is
delayed. To avoid this, double check your application for signatures, forms required, and fees.
With very few exceptions, applications filed by
mail or in person are processed in the order received. Exceptions to this policy, which are processed promptly, include original applications, em-

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

ploying broker change of designated brokers and
branch managers, provided that the applicant or licensee is not the subject of a pending investigation
or disclosing a criminal conviction, adverse judgment or denial of or disciplinary action against a professional or occupational license.
We have also instituted a more convenient
and efficient method for employing brokers to make
changes to the entity's broker license. Now, designated brokers (or prospective designated brokers)
for an entity may call (602) 468-1414 ext 101 and
make an appointment to meet with a licensing specialist. These employees are experienced and
trained to handle the complexities involved with licensure of an entity.
As the volume of phone calls to Licensing
continues to be heavy, we encourage all licensees
with questions regarding their license to search our
informative web site at www.azre.gov. If the information you are searching for cannot be found in the
web site, use the convenient email system to send
in your question. It’s fast, easy, and stress free,
plus most emails are responded to within 24 hours!
The e-mail address is: licensing@azre.gov. Œ

ADRE’s On-Line License Renewal System
is Secure.
Not only is it convenient and easy, the On-Line ADRE License Renewal System is a secure site that uses industry
standards implemented by IBM that meet State of Arizona
standards for securing and transferring personal information
over the Internet. Payment and other screens handling sensitive information utilize encryption to keep your personal
information safe.
Go to: www.azre.gov and click on the
“Online Licensing” link.

Page 3

TIPS for Licensees
A Tip About

Renew Early !

Employing Broker Licenses

by Cindy Wilkinson, Director of Education & Licensing
and Connie Johnson, Deputy Director of Licensing.

ADRE currently administers over 92,000 licenses, and has 9 staff members to process all
of the original applications, renewal applications,
changes, hires, severs, and respond to inquiries.
This is in addition to activities such as processing
the fingerprint cards, opening mail, copying, filing, stocking forms, reconciling receipted fees,
and more.
A license holder may file an application for
license renewal up to 90 days before license expiration. Someone who files a "timely and sufficient" application for renewal may continue to
practice under the existing license until the Department has acted upon the renewal application. AAC R 4-28-303.
ADRE recommends that you and your employees carefully review your renewal applications
and attachments before filing, and that you file
them as early as possible - up to 90 days before
license expiration. Œ

Staff
Cannot Accept
Gifts
Staff members of the Arizona Real Estate Department strive to provide the best service possible and appreciate kind words from licensees and
citizens. However, employees of the State of Arizona cannot accept or solicit any gift, gratuity, favor, entertainment, loan, or anything of value. If
you would like to express your support of service
provided by one or more of the staff members,
please send a card or letter to Commissioner
Richardson letting her know about your feelings.
See Examples on page 5 & 6. Œ

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

by Cindy Wilkinson, Director of Education & Licensing
and Connie Johnson, Deputy Director of Licensing.

Any applications involving an entity's Broker
License require the attention of one of two ADRE
Licensing Service Specialists. Designated Brokers
who are responsible for keeping the entity's Broker
License current, and all related information up to
date and correct, are encouraged to set an appointment when filing applications for any of the following:
• New Employing Broker License (for an Entity)
•

Changes to an Employing Broker License
o Changing the Designated Broker
o Adding or closing a Branch Office
o Changing the address for the Employing
Broker

Designated Brokers can call or e-mail to set up
an appointment. You may telephone:
• Diane at 602.468.1414, ext. 345; or
• Monica at 602.468.1414, ext. 675; or
• send an e-mail requesting an Employing Broker
License appointment to licensing@azre.gov.
Diane or Monica will schedule a date and time
for the Designated Broker to meet one of the
ADRE Licensing Specialists who is specially
trained to review and process these potentially
complex applications.
By setting an appointment, you will insure that one
of the two trained specialists will be available to
process the Entity's Broker License application correctly and as promptly as possible. The Designated Broker will also be able to meet the Licensing Specialist who is working on the Entity application! Œ

License Renewals are a snap
when you use the ADRE On-Line License Renewal System.
go to: www.azre.gov and click on the
“Online Licensing” link.

Page 4

Compliments about ADRE & Staff
Dear Commissioner Richardson,
“…I am frequently reminded of the outstanding service
(despite limited resources) that the Arizona Department of
Real Estate provides to those of us in the real estate industry. The Department’s implementation of the Online
License Renewal System (OLRS) in February 2004 has
been a time-saver for us in many ways. We are now able
to do timely renewals (24-7) from … our homes or offices…. (For the) tremendous influx of new licensees …
the Concierge idea has been fantastic! …
You have my sincere thanks and gratitude for the services
that the Department continues to provide in an efficient
and effective manner.”
Judy Lowe
Associate Broker
Realty Executives of Tucson, Inc.
Dear Elaine
“… I know I receive so many letters of criticism
about how my department handled a constituent’s application, and I always appreciate a rare instance when a compliment especially about staff comes across my desk.
Well, my hats off to your staff and the Arizona Department of Real Estate for all of their assistance….”
Sincerely,
Jeff Davi
Real Estate Commissioner
Department of Real Estate
State of California

Janet A. Blair
Deputy Director, Auditing Division
Dear Ms. Blair:
“Thank you immensely for all your hard work setting up
our branch office. You did an excellent job auditing and
getting the office situated. If your assistance is needed in
the future, I will definitely give you a call. Once again,
thank you for everything you have done; it is greatly appreciated.”
Sincerely,
Jay Kinkade, Consultant
AZ Businesses, LLC
Phoenix

Dear Elaine:
“As a small business owner in Arizona involved in
the real estate field, I would like to congratulate you
on the professional, courteous and competent service the Arizona Department of Real Estate is providing under your leadership. I am sending this note
as a way to recognize your efforts at providing such
efficient and effective service to Arizona and its residents.”
Sincerely,
Rick Renzi
United States Congressman
First District of Arizona

Mr. Roy Tanney
Director of Development Services
Dear Roy,
“Now that the National Land Council’s 37th
annual seminar has concluded, I wanted to tell you
how much we appreciate your willingness to participate in our program. The report from ARELLO and
the regulatory updates featuring reports from your
agency and the other state regulators…are always
vitally important segments of our business program.
We continue to believe that open lines of communication are key to effective regulation and consumer
protection.
I hope you will make plans to again attend
and participate in our seminar next spring…. We will
keep you advised.
Yours very truly,
Tom Bell, President
National Land Council, Inc.

To Commissioner Richardson:
“How nice to see you at the Real Estate
Dept. offices while I was there on Wednesday. The
new office arrangement seems to be working great.
Certainly is the fastest processing that I have ever
experienced.”
Brian Harron
Sunbelt Business Brokers, Prescott

continued on page 5.

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Page 5

Compliments about ADRE & Staff
“…Commissioner Elaine Richardson and her staff are innovative and efficient administrators, who focus on appropriate objectives, … Her ‘traffic ticket’ program …sounds
like a great enforcement tool which, as she says: ‘…more
time and effort can be spent on more serious cases.’
Read the attached article (from the April 2006 issue of
The Arizona Journal of Real Estate & Business). It demonstrates a refreshing attitude from a lady who is a major
benefit to government and to the State of Arizona. Her
programs have greatly improved the Arizona Department
of Real Estate, ….”
Ricardo Small
Certified General Real Estate Appraiser
Tucson

Dear Elaine,
“Just a note to say thank you for speaking at our commercial marketing group today. It was a pleasure to have both
you and Mary (Utley) as our guests. I look forward to having you speak to our group in the future.”
Sincerely,
Jack Fowler, CCIM
Prescott

Dear Elaine,
“Thank you so much for your help with that difficult issue
last week. Not only were you very responsive but the
folks on your staff were great as well. Have not heard
back from the constituent but I should hear soon. Again,
Thanks for your help.”
Martha Rothman
Governor’s Office of Constituent Services

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

continued from page 4.

Dear Governor,
“I would like to take this opportunity to thank the
Real Estate Department for a great job in helping us
provide our reports in both Tucson and Phoenix. I
was told that this program could take several
months. In our case, it only took 20 days including
one red line correction. You don’t know how helpful
this was to us. I would like to publicly thank Elaine
Richardson and her team for such an expedited
process and the extra work effort. The people of the
State of Arizona have a lot to be proud of for providing this kind of service to the community.”
Sincerely,
Louis Marson III, President
Louis Marson & Sons, Inc.
Scottsdale

Janet Blair
Deputy Director, Auditing Division
Dear Ms. Blair,
“This letter is to provide you with feedback on our
recent audit experience with your office and personnel. Sharp Homes Realty, Inc. was audited by Jim
Napier… Since we are a fairly new Company…we
were a bit anxious about what to expect. Mr.
Napier was very courteous and respectful of our
time and efforts…He explained the procedure we
would follow and then went through our documents
accordingly. Mr. Napier was both knowledgeable
and informative, he explained different rules and
policies as he went along…The overall service received: Excellent.
We were thankful to have such a calm easy going
auditor who educated us as he went along….
Thanks for a good learning experience.”
Sincerely,
Kenneth W Lyding, Designated Broker
Sharp Homes Realty, Inc.
Phoenix

Page 6

News from the Department
ADRE Revises Two
Substantive Policy Statements

New Members of
Team ADRE
Tory Anderson

Two Substantive Policy Statements (SPSs) were
revised on August 21, 2006.
SPS 2005.09 rev. “Non-Commercial Requests to Inspect Department Records & Fees
for Copies” was revised to more accurately reflect the time required to obtain copies of the
various categories of documents often requested. It also indicates that the charges for
copies are reflected in the ADRE fee schedule.
SPS 2006.16 rev. “Pre-Licensure DVD”
revised the identification number for sequential
consistency.
This SPS became effective on
May 11, 2006 and confirms the Department Policy that all candidates for licensure by ADRE are
to view the new DVD featuring Commissioner
Richardson who explains the Department’s enforcement of the Qualifications of Licensees as
stipulated at ARS §32-2124 that says “… the
commissioner shall require proof… as to the
honesty, truthfulness, good character, and competency of the applicant…”
To read these two revised SPSs, as well
as the other fourteen SPSs, go to the ADRE web
site at: www.azre.gov . Œ

Watch for the Launch
of the improved
ADRE web site !
www.azre.gov

Coming Soon.
VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

fills the
new position of Chief Financial
Officer at ADRE. She is responsible for all things budget
related and will also serve as
the agency’s legislative liaison.
Tory comes from Governor Napolitano’s Office of Strategic
Planning and Budgeting where
she was responsible for making
budget recommendations to Governor Napolitano regarding several state agencies, including the Office
of the Attorney General, the Secretary of State, the
Department of Revenue, the Department of Veteran
Services, the Department of Housing, and several
regulatory agencies. Prior to her time at OSPB, Tory
had the pleasure of interning for Phoenix Mayor Phil
Gordon. She holds a Master’s Degree in Public Administration from ASU and Bachelor of Science from
the University of Arizona. Tory is a new mom and
spends her free time playing with her 7-month-old
daughter, Audrey. Œ

David Lewis serves as
the Deputy Director of Investigations under Tom Adams,
who has assumed the position
of Director of Regulation which
oversees Administrative Actions, Investigations, Audits,
and Development Services.
Dave came to ADRE after a
long career in the federal government, most recently serving as a Deputy Director
at USDA where he was responsible for nationwide
regulatory enforcement programs. Dave was particularly proud of one of his alma maters, George
Mason University, when their men’s basketball team
went to the Final Four last March. He moved to Arizona to be near his 2 year-old granddaughter whom
he is in the process of “spoiling rotten.” Œ
Page 7

New Members of Team ADRE
Shawn Heggen
joins the ADRE Investigations Staff as
a Development Investigator, specializing in investigations
involving subdivisions
and other land development complaints.
Shawn comes to
ADRE with a 13 year
background in retail and corporate fraud. He
worked for several major retailers and for a
Fortune 100 company. Shawn enjoys the interview process. He says “Getting information
by interviewing people is my favorite part of
working cases”. Œ

continued from page 7.

April Ellis fills
the position of
Commissioner
Richardson’s Assistant that was
vacated by Carla
Randolph who
now serves as
Manager of Administrative Actions. April came
to the Department
last June, shortly after moving to Phoenix from
California where she was the assistant to an
Area Manager for the Chevron Corporation. In
that capacity, she managed an oil well data
base. She will also be serving as the recording secretary for the Real Estate Advisory
Board. April grew up in Bakersfield, California
and majored in Child Psychology and Business Administration at Cal State University.
She is a diehard baseball fan. “Go Yankees!”
Œ

Felix Cervantes
is ADRE’s new Senior
Investigator having recently moved to Arizona. Originally from
California, Felix has
been a homicide and
major crimes detective
in Maryland. Five
years ago he volunteered to help his public safety comrades in New York City in the
aftermath of the 9/11 attack on the World
Trade Center. Felix considers that a major
accomplishment in his public service career,
as well as in his life. Œ

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

June Marshall
was hired as the Legal Assistant in the
Administrative Actions Division in July
2006. June worked
as a legal assistant
previously with the
Criminal Justice
Commission and the
Arizona Industrial
Commission. She is a native of Michigan, lived
and worked in Chicago, and moved to Arizona
over twenty-seven years ago. She has recently
become engaged and will marry in the Spring. Œ

Page 8

The Commissioner’s Corner
By Commissioner Elaine

This month’s message contains a “sneak
preview” of the Special Edition of The Bulletin that will
be distributed later this month. The summary below is
self-explanatory and is an index of sorts to inform you,
our valued licensees and others, regarding the progress
that the Department of Real Estate is proud to present.
It is meant to show how the Department has met
some tough challenges, but in no way means that we do
not continue to make improvements on a daily basis.
Even though our real estate market has “slowed”,
we cannot say that this slowdown has impacted the
Department in any meaningful manner.

Richardson

ADRE continues to issue licenses to NEW
licensees at the phenomenal rate of 800 to 900 per
month.
Our number of staff remains the same. Without
some of the innovations presented here, our lines would
extend from 44th Street to Payson!
On a serious note, I personally thank each and
every one of you who helped with ideas, served on
Stakeholder Committees, and arranged speaking venues
where I have met many of you which has helped our
positive and open dialog. Œ

ADRE: A Three Year Review
Executive Summary
The Arizona Department of Real Estate is committed to efficient work practices. Since her appointment in
2003, Commissioner Elaine Richardson initiated many changes that have resulted in:

•1 Reduced license application backlog
•3 Shorter lobby wait times
•5 Clearer education standards

•2 Streamlined investigations
•4 Stronger regulation
•6 Simplified Public Report process

These changes have made the Department more efficient than ever before. Efficiency is a necessity because
while the real estate industry has experienced tremendous growth, the Department’s staffing levels have remained
stagnant. The Department could not have managed the growth without these changes.
REDUCED LICENSE APPLICATION BACKLOG
The application backlog for a license was reduced from 9 weeks in July 2005 to 4 weeks in July 2006 due to the
implementation of the On-line License Renewal System (OLRS). OLRS allows licensees to perform many tasks
on-line which would have otherwise taken the time of Department staff.

continued on page 10.

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Page 9

ADRE: A Three Year Review
Executive Summary
continued from page 9

SHORTER LOBBY WAIT TIMES
Wait time in the licensing lobby decreased from 2-3 hours to less than 15 minutes due in part to the implementation
of the Concierge and Drop Box System. This innovative idea streamlines services in the lobby.
CLEARER EDUCATION STANDARDS
The newly created Education Advisory Committee standardized course content for real estate license candidates, and
published this information on the Department’s website. School administrators and instructors can easily access this
information.
STREAMLINED INVESTIGATIONS
The Department reduced the time cases are open by almost 100 days between 2003 and 2006. This is the result of
improved investigation techniques, prioritizing cases, and better case management.
IMPROVED AUDITING EFFICIENCY
The Auditing Division implemented a Broker Audit Declaration (self audit) program assisting both Brokers and
Auditors in ensuring Brokers are in compliance with the real estate laws and rules applicable to Brokers.
STRONGER REGULATION
The Department completed 191 Accelerated Settlement Agreements (aka “Traffic Tickets”) that, in the past, would
have been handled through the regular disciplinary process. This voluntary program has been tremendously
successful because civil penalties have a great impact on licensees.
SIMPLIFIED PUBLIC REPORT PROCESS
The Department revised the Subdivision Public Report application form, filing procedures, and established minimum
filing requirements for Public Report applications. The Department also modified the review process for properties
located in the United States and Sonora, Mexico that are marketed to Arizonans by streamlining the Public Report
process. This benefits the consumer, the Department, and the state. Œ

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Page 10

Title Insurance
By Christina Urias,
Director
Arizona Department
of Insurance
Over the past year,
Arizona joined several states in
investigating allegations of
improper practices in the sale of
title insurance across the country.
Arizona participated in some multi-state settlements and negotiated separate settlements in others. Part of
the Arizona Department of Insurance’s (ADOI’s) separate
settlement with the LandAmerica title companies required
Land America to fund a consumer education program in
Arizona. Our investigation revealed a need to educate consumers on their rights when it comes to purchasing title insurance. Many consumers are simply not aware that they
have the right to choose their own title insurer in a home
purchase transaction. Although real estate professionals
may recommend a particular title insurer, they may not
dictate which title insurer or title agency home buyers
must use. (emphasis added) We also wanted consumers to
know about the benefits of comparison shopping, since
rates, services, costs, and fees, vary between the various
title insurers doing business in Arizona.
The LandAmerica settlement provided the funding for
ADOI’s new title insurance brochure entitled, “Answers to
Your Questions about Title Insurance” (available on the
ADOI website, www.id.state.az.us, or by calling (602) 3642499). The brochure provides a basic consumer friendly
explanation of the purpose of title insurance and is available to consumers, title agencies and real estate professionals who would like to distribute the publication to their clients (contact Erin Klug, eklug@id.state.az.us, to request a
supply of brochures).
To further educate consumers and encourage informed
comparison shopping, ADOI added new title insurance information to its website and developed a Title Insurance
Resources webpage (http://www.id.state.az.us/
consumerautohome.html#titleresource), which includes:
•
•
•
•

In addition to the new title insurance brochure, the consumer
education program includes ADOI publication of A Message to
Home Buyers in various Arizona newspapers throughout the
coming year. The entirety of the Director’s Message is available on the webpage referenced above and the Director is available to speak to groups interested in learning more about title
insurance and the importance of comparison shopping. Please
contact Erin Klug, eklug@id.state.az.us, to arrange for the Director to speak to your group or association on this important
topic. Œ

A NOTE ABOUT
GUEST COLUMN ARTICLES
Guest column articles do not reflect the policies or
interpretations of law by the Arizona Department of
Real Estate. They are meant to inform the public
and provide variety to ADRE’s Bulletin. All articles
are edited for space limitations. Œ

The Arizona Department of Real Estate and
The Arizona-Mexico Commission /
Real Estate Ad Hoc Committee
will facilitate an educational workshop:
TOPIC: "Ethics, A.M.P.I. & Realtor Organizations in Mexico"
DATE: September 28, 2006 TIME: from 8 a.m. to Noon
PLACE: Thunderbird/Garvin School of Int'l Management
15249 N. 59th Ave, Glendale, AZ.
COST:

$35.00

For further information contact Robert Russell,
Tri-Vista Partners 480.704.4749.

A list of licensed Arizona title insurers
Tips for shopping for title insurance
Search features to verify Arizona licensure of title insurers and title agencies
Links to other title related resources.

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Page 11

DISCIPLINARY DECISIONS
in alpha order by type of action

CONSENT ORDERS
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type

Nola Jean Anderson
BR004855000
Unlicensed Activity
From May of 2003 through May of 2005,
respondent employed an unlicensed individual
who conducted real estate activities.
A.R.S. §32-2130 (B), §32-2153 (A)(3), (A)(10),
(A)(21), (B)(6); A.A.C. R4-28-1103
June 7, 2006
Consent Order
$5,000 Civil Penalty
Ernest Marty Atencio
SA104218000
Convictions - Other (Misdemeanor)
November 2005, Respondent convicted of
Resisting Arrest and Possession of Drug
Paraphernalia, both Class 1 Misdemeanors.
Respondent did not notify the Department of the
convictions in a timely manner.
A.R.S. §32-2153 (A)(3), (B)(7), (B)(10), A.A.C.
R4-28-301 (F)
June 5, 2006
Consent Order
License renewal granted; $2,000 Civil Penalty; 2
year Provisional License with Practice Monitor; 2
year Body Fluid Testing; 6 hour CE in
Commissioner's Standards.
Shanon Michelle Bailey
SA526658000
Convictions - Violence against another person
In June of 2005, Respondent disclosed a May
2005 misdemeanor conviction for Disorderly
Conduct/Domestic Violence. Respondent did not
disclose the conviction in a timely manner.
A.R.S. §32-2153 (A)(3), (B)(7), (B)(10)
June 5, 2006
Consent Order
$2,000 Civil Penalty; 2 year Provisional License
with Broker Acknowledgment
Joseph Dale Bourland
SA531657000
Convictions - Moral Turpitude (DUI)
Respondent was convicted in January of 2006 for
DUI. Respondent did not provide timely notice of
the conviction.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7); A.A.C.
R4-28-301 (F)
June 28, 2006
Consent Order
$2,000 Civil Penalty
Daniel James Byrnes
SA554659000
Convictions - Moral Turpitude (DUI)
In February of 2005, Respondent was convicted of
Extreme DUI and, in March of 2005, was
convicted of DUI. Respondent disclosed the
convictions in a timely manner to the Department.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7)
July 24, 2006
Consent Order

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Order Terms

$2,000 Civil Penalty; 2 year Provisional License
with Practice Monitor; 2 year Body Fluid Testing,
Sobriety Monitor and AA attendance.

Name
License Number
Violation
Summary

John Glenn Copyak
Unlicensed Individual
Unlawful Sales (Development)
Respondent purchased multiple lots in 3 different
subdivisions located in Coconino County, Arizona
and resold lots without complying with public
report requirements.
A.R.S. §32-2181 (A), §32-2183 (F); A.A.C.
R4-28-803 (A), R4-28-804 (A), R4-28-805
July 25, 2006
Consent Order
Cease and Desist sales; $30,000 Civil Penalty
(joint and severally); offer rescission to
purchasers; apply for public report.

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Samuel E. & Brenda L. Crissman
Unlicensed Individuals
Unlawful Sales (Development)
Respondents advertised parcels for sale and
possible splitting without applying for and
receiving a Public Report and without written
notice to the Commissioner of an intention to offer
parcels for sale.
A.R.S. §32-2195.03 (A), (B)(6) (D) & (G), §32-2195.05
(F)
July 26, 2006
Consent Order
Cease and Desist sales; $1,000 Civil Penalty;
Obtain an unsubdivided public report within 12
months; modification of CC&R
Silver Days
SA038893000
Breach of Fiduciary Duty/Fail to Deal Fairly
Respondent used complainant’s lease deposits for
closing funds towards the purchase of the
property in issue; failed to inform the complainant
in writing that Respondent was a licensed real
estate agent as well as a principal in the
transaction; failed to inform the complainant that
complainant’s lease was contingent upon the
successful purchase of the property by the
Respondent.
A.R.S. §32-2153 (A)(1), (A)(3), (A)(9), (A)(15) and
(A)(16); A.A.C. R4-28-1101 (E)
July 5, 2006
Consent Order
$1,500 Civil Penalty; 2 year Provisional License
with Broker Acknowledgement; 6 hours CE in
Commissioner's Standards
Michael O. Dearing
BR515383000
Dishonest Dealings
Respondent paid compensation to an unlicensed entity.
A.R.S. §32-2153 (A)(3), (A)(10), (A)(21); §32-2155
(A)&(B)
June 2, 2006
Consent Order
$2,000 Civil Penalty (jointly and severally); 6
hours CE in Commissioner's Standards

Page 12

DISCIPLINARY DECISIONS
Consent Orders continued
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation

Donald Dempsey
BR011487000 and SE011487000
Trust Account Irregularities
A department audit, conducted in May of 2006
revealed (1) Failure to maintain a trust fund
account reconciliation and client ledger balance
on a monthly basis, (2) commingled funds (3)
Employed unlicensed individuals to perform work
requiring a license.
A.R.S. §32-2151 (B)(2); §32-2153 (A)(3), (A)(10),
(A)(16), (A)(21), (A)(22); §32-2155 (B); A.A.C.
R4-28-1103 (A).
July 14, 2006
Consent Order
$5,000 Civil Penalty ; 6 hours CE in
Commissioner's Standards and 3 hour Broker
Management Clinic; 30-day suspension of
licenses; 2 year Provisional License; make trust
accounts whole within 90 days.
William Walter Drevyanko
Unlicensed individual
Convictions - Theft
As part of an original license application,
Respondent disclosed two 1998 Petty Theft
misdemeanor convictions in the State of Ohio.
A.R.S. §32-2153 (B)(2), (B)(10)
June 12, 2006
Consent Order
License granted; 2 year Provisional License with
Practice Monitor, $15,000 Surety Bond
Martha F. Duncan
SA526530000
Breach of Fiduciary Duty/Fail to Deal Fairly
On multiple occasions, Respondent failed to
disclose a familial relationship with one of the
parties involved in sales transactions (did not
disclose on sales contracts that Respondent’s
father was the seller of property). Respondent also
signed documents on behalf of buyers without
having written authorization to do so.
A.R.S. §32-2153 (A)(3), (A)(25); A.A.C. R4-28-1101
(E)(2)(4)
June 23, 2006
Consent Order
$2,000 Civil Penalty; 12 hours CE in
Commissioner's Standards; 2 year Provisional
License with Practice Monitor
Wyatt Allen Duncan
SA568871000
Convictions - Moral Turpitude (DUI)
In December of 2005, Respondent was convicted
of DUI and Possession of Marijuana, Class 1
Misdemeanors. Respondent failed to disclose the
convictions in a timely manner to the Department.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7); A.A.C.
R4-28-301 (F) and R4-28-303 (D)
July 25, 2006
Consent Order
$1,000 Civil Penalty, 6 hrs CE in Commissioner's
Standards, 2 yr Provisional License.
Sabrina Marie Ernst
Unlicensed Applicant
Convictions - Other (Misdemeanor)

VOLUME 32 — ISSUE 4

AUGUST / SEPTEMBER 2006

Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Respondent disclosed a January 2002
undesignated conviction for Possession of Drug
Paraphernalia. Placed on 12 month probation,
conviction reduced to a Class 1 misdemeanor.
A.R.S. §32-2153 (B)(7)
July 18, 2006
Consent Order
License granted; 2 year Provisional License with
Practice Monitor; $5,000 surety bond
Mark Robert Flores
SA537268000
Convictions - Moral Turpitude (DUI)
In November 2005, Respondent was convicted of
misdemeanor Extreme DUI. Respondent notified
the Department in a timely manner.
A.R.S. §32-2153 (A)(3), (B)(2) and (B)(7)
June 27, 2006
Consent Order
$1,000 Civil Penalty; 2 year Provisional License
with Practice Monitor; 2 year Body Fluid Testing,
Sobriety Monitor and AA attendance.
Full Service Realty, Inc.
CO563298000
Broker Supervision
Department audit of respondent found numerous
violations, respondents failed to keep sales
records and utilize property management
agreements in compliance with statutes and rules.
A.R.S. §32-2151.01 (A)(E)(G); §32-2153 (A)(3),
(A)(18), (A)(21); §32-2173 (A), §32-2173 (A)(1)(b), (c),
(f); A.A.C. R4-28-1103 (A).
June 19, 2006
Consent Order
$2,000 Civil Penalty (jointly and severally).
Herman Phillip Harris
BR010176000
Multiple violations
Failed to submit a Broker Audit Declaration, failed
to respond to Department requests, lack of signage
at office
A.R.S. §32-2126 (B), §32-2153 (A)(3), (A)(17),
(B)(11); A.A.C. R4-28-301 (G) and R4-28-303
(A)(2)(f)
June 7, 2006
Consent Order
License renewal granted, $2,000 Civil Penalty, 3
hr CE in Commissioner's Standards, 3 hr CE in
Business Brokerage, compliance with signage
Requirements
Susan Elaine Jackson
SA559694000
False Application
Respondent failed to disclose a 1996
misdemeanor conviction for Assault when
applying for initial salesperson licensure in March
of 2005.
A.R.S. §32-2153 (A)(3), (B)(1), (B)(7), (B)(10)
July 27, 2006
Consent Order
$1,000 Civil Penalty; 6 hours CE in
Commissioner's Standards; 2 year Provisional
License with Broker Acknowledgment

Page 13

DISCIPLINARY DECISIONS
Consent Orders continued
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Heather Denae Johnson
SA548646000
Convictions - Moral Turpitude (DUI)
Petitioner notified the Department of a 2004
conviction for DUI and a 2005 conviction for DUI
when applying for license renewal in March of
2006. Petitioner failed to notify the Department of
the convictions in a timely manner.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7); A.A.C.
R4-28-301 (F)
July 5, 2006
Consent Order
License renewal granted; $2,000 Civil Penalty, 6
hours CE in Commissioner's Standards, 2 year
Provisional License with Practice Monitor.
Abby Johnson
SA567452000
Breach of Fiduciary Duty/Fail to Deal Fairly
Internet advertisement for rental indicated
electricity was included in rent and no definite
cost for pet deposit. When Complainant met with
salesperson, was told that electricity was not
included. Complainant was also told that pet
deposit would be $200, depending on the pet as
well as the number of pets, which was not
included in the ad. Complainant placed a $500
deposit on the rental but requested a refund and
was denied. Broker eventually refunded the
deposit.
A.R.S. §32-2153 (A)(1), (A)(3), (A)(22); A.A.C.
R4-28-502 (C)
July 5, 2006
Consent Order
$500 Civil Penalty; 3 hour CE in Commissioner's
Standards and 3 hours CE in Disclosures; 2 year
Provisional License with Broker Acknowledgment
Rick W. Katt
SA116942000
Multiple violations
Respondent failed to complete continuing
education courses as required, filed a false or
misleading license renewal application and failed
to respond to multiple written communications
from the Department.
A.R.S. §32-2153 (A)(3), (B)(1)
July 28, 2006
Consent Order
2 year Provisional License with Broker
Acknowledgment; $1,000 Civil Penalty;
compliance with education requirements within 30
days
Terry Kozell
BR026436000
Broker Supervision
Internet advertisement for rental indicated
electricity was included in rent and no definite
cost for pet deposit. When Complainant met with
salesperson, was told that electricity was not
included. Complainant was also told that pet
deposit would be $200, depending on the pet as
well as the number of pets, which was not
included in the ad. Complainant placed a $500
deposit on the rental but requested a refund and
was denied. Broker eventually refunded the
deposit. Broker failed to adequately supervise a salesperson.

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

A.R.S. §32-2153 (A)(1), (A)(3), (A)(22); A.A.C.
R4-28-502 (C), R4-28-1103 (A)
July 5, 2006
Consent Order
$500 Civil Penalty; 3 hour CE in Commissioner's
Standards and 3 hours CE in Disclosures; 2 year
Provisional License
Liberty Properties & Associates, Inc.
CO531760000
Unlawful Sales (Development)
Respondents advertised parcels for sale and
possible splitting without applying for and
receiving a Public Report and without written
notice to the Commissioner of an intention to offer
parcels for sale. Broker failed to properly supervise
salesperson.
A.R.S. §32-2153 (A)(3), (A)(22); §32-2195.03 (A),
(B)(6) (D) & (G), §32-2195.05 (F)
July 31, 2006
Consent Order
Cease and Desist sales; $1,000 Civil Penalty
Adrian Luna
Unlicensed Individual
Convictions - Other (Misdemeanor)
Petitioner, as part of original salesperson’s license
application, disclosed a February 2006 Class 1
misdemeanor conviction for False Statement.
Conviction resulted from receiving unemployment
benefits in 2004 while employed.
A.R.S. §32-2153 (B)(10)
June 21, 2006
Consent Order
2 year Provisional License with Practice Monitor;
$15,000 surety bond.
Thomas Mallaro
BR113607000
Broker Supervision
Department audit of respondent found numerous
violations, respondents failed to keep sales
records and utilize property management
agreements in compliance with statutes and rules.
Respondent DB failed to properly supervise.
A.R.S. §32-2151.01 (A)(E)(G); §32-2153 (A)(3),
(A)(18), (A)(21); §32-2173 (A), §32-2173 (A)(1)(b), (c),
(f); A.A.C. R4-28-1103 (A).
June 19, 2006
Consent Order
$2,000 Civil Penalty (jointly and severally); 6 hour
CE in Commissioner's Standards and a 3-hour
Broker Management Clinic.
Kevin Michael Martin
Unlicensed Applicant
Convictions - Other (Misdemeanor)
In July of 2005, petitioner for an original license
disclosed an 1999 felony charge for Possession of
a Controlled Substance and misdemeanor
conviction for Possession of Drug Paraphernalia.
A.R.S. §32-2153 (B)(7)
July 5, 2006
Consent Order
License granted; 2 year Provisional License with
Broker Acknowledgment

Page 14

DISCIPLINARY DECISIONS
Consent Orders continued
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date

Alfred Leroy Mathena
BR005557000
Trust Account Irregularities
Respondent has not maintained appropriate trust
account records, does not have a written policy
manual, has shown negligence and a lack of
proper supervision.
A.R.S. §32-2151 (B)(2), §32-2153 (A)(3), (A)(21) &
(A)(22), §32-2173 (A)(1)(c); A.A.C. R4-28-1103
June 26, 2006
Consent Order
1 year Provisional License; $5,000 Civil Penalty;
make trust accounts whole within 90 days; 9
hours CE in General Real Estate with emphasis
on Property Management and Trust Account
Procedures and a 3-hour broker management
class.
James Harris Meredith
BR012170000 and SE012170000
Convictions - Moral Turpitude (DUI)
In October of 2005, Respondent timely reported a
conviction for Extreme DUI, a Class 1
Misdemeanor.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7)
July 25, 2006
Consent Order
Renewal of license granted; 2 year Provisional
License; $1,500 Civil Penalty, 2 year Sobriety
Monitor and AA attendance.
Faith Elizabeth Michaels
Unlicensed Applicant
Convictions - Other (Misdemeanor)
Applicant disclosed a March 2005 California
misdemeanor conviction for Cultivation of Spores
and Mycelium.
A.R.S. §32-2153 (B)(7)
July 6, 2006
Consent Order
License granted; 2 year Provisional License with
Practice Monitor.
Dalbert Miller
BR006142000
Unlicensed Activity
Broker conducted real estate activity for
approximately 3 months while entity license was
expired.
A.R.S. §32-2153 (A)(3), (A)(10), (A)(14), (A)(21), and
(B)(6)
July 6, 2006
Consent Order
$1,000 Civil Penalty (jointly and severally); 6
hours CE in Commissioner's Standards and 3 hour
Broker Management Clinic; 2 year Provisional
License.
Miller & Associates Realty, Inc.
CO521662000
Unlicensed Activity
Entity conducted real estate activity for
approximately 3 months while license was
expired.
A.R.S. §32-2153 (A)(3), (A)(10), (A)(14), (A)(21), and
(B)(6)
July 6, 2006

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Order Type
Order Terms

Consent Order
$1,000 Civil Penalty (jointly and severally)

Name
License Number
Violation
Summary

Kay J. Moore
SA505491000
Breach of Fiduciary Duty/Fail to Deal Fairly
In October of 2003, Respondent allowed a
purchase contract to be transmitted to a seller but
did not immediately advise the seller that the
buyer decided not to go through with the purchase.
Respondent also signed a receipt for deposit of
earnest money when the deposit had not been
received.
A.R.S. §32-2153 (A)(3), (A)(22); A.A.C. R4-28-1101
(C)
June 8, 2006
Consent Order
$2,000 Civil Penalty; 12 hours CE in
Commissioner's Standards.

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Patricia L. Morrison
BR100122000
Unlicensed Activity
Respondent continued to act as Designated Broker
for an entity for approximately 3 months while
broker's license was expired.
A.R.S. §32-2130 (B), §32-2153 (A)(3), (A)(14), (B)(6),
(B)(10)
July 5, 2006
Consent Order
$500 Civil Penalty; 6 hours CE in Commissioner's
Standards and 3 hour Broker Management Clinic; 2
year Provisional License.
Pacific Forest Land, Inc.
Unlicensed Entity
Unlawful Sales (Development)
Respondent purchased multiple lots in 3 different
subdivisions located in Coconino County, Arizona
and resold lots without complying with public
report requirements.
A.R.S. §32-2181 (A), §32-2183 (F); A.A.C.
R4-28-803 (A), R4-28-804 (A), R4-28-805
July 25, 2006
Consent Order
Cease and Desist sales; $30,000 Civil Penalty
(joint and severally); offer rescission to
purchasers; apply for public report.
Nathan Pattee
Unlicensed Individual
Convictions - Other (Misdemeanor)
Respondent disclosed multiple misdemeanor
convictions from August of 1998 through August of
2003 as part of original license application.
A.R.S. §32-2153 (B)(7)
June 12, 2006
Consent Order
License granted; 2 year Provisional License with
Practice Monitor.

Page 15

DISCIPLINARY DECISIONS
Consent Orders continued

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Timothy John Piegari
Unlicensed Applicant
Convictions - Felonies
In October of 1998, Respondent was convicted for
Possession of Marijuana for Sale, a Class 3
Felony. Respondent was sentenced to 2.5 years
incarceration, assessed fines and fees of $16,000
and, upon release from incarceration, placed on
Probation. In September of 2005, a court order was
issued vacating the judgment of guilt.
A.R.S. §32-2153 (B)(2), (B)(7), (B)(10)
July 21, 2006
Consent Order
License granted; 2 year Provisional License with
Practice Monitor; $25,000 surety bond; 2 year
Body Fluid Testing.
Prime Realty Network, LLC
LC541732000
Dishonest Dealings
Respondent paid compensation to an unlicensed
entity.
A.R.S. §32-2153 (A)(3), (A)(10), (A)(21); §32-2155
(A)&(B)
June 2, 2006
Consent Order
$2,000 Civil Penalty (jointly and severally)
Khaled Sawaked
SA547136000
Breach of Fiduciary Duty/Fail to Deal Fairly
Respondent failed to return phone calls to
complainant regarding placement of complainant’s
name on a prospective buyer’s list. As a result,
complainant was removed from the list and
subsequent placement resulted in additional costs
to buyer.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-1101 (A), (C),
(I)
July 25, 2006
Consent Order
Renewal application approved; $1,000 Civil
Penalty; 6 hours CE in Commissioner's Standards;
2 year Provisional License with Broker
Acknowledgment
Thomas Michael Scallon
SA041912000
Convictions - Moral Turpitude (DUI)
In January 2006, Respondent convicted of
misdemeanor DUI in City of Phoenix Municipal
Court. Respondent's Original License issued in
2003 with 2 year Provisional License status;
Practice Monitor, BFT. Based upon prior
misdemeanor convictions for DUI.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7)
June 6, 2006
Consent Order
$1,000 Civil Penalty; 2 year Provisional License
with Practice Monitor; 2 year Body Fluid Testing,
Sobriety Monitor and AA attendance.

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Bradley J. Schmidt
Unlicensed Individual
Other Jurisdiction Sanction
As part of original license application, petitioner
disclosed a May 2004 judgment entered by U.S.
District Court ordering petitioner pay a $30,000
civil penalty involving a civil action filed by the
US Securities and Exchange Commission
("SEC"). Petitioner was also suspended from
practicing before the SEC for 5 years. In October of
2005, Petitioner was placed on 3-year probation
by the California Board of Accountancy.
A.R.S. §32-2153 (B)(7), (B)(10)
July 5, 2006
Consent Order
2 year Provisional License with Practice Monitor;
$25,000 Surety Bond
Donald Schmitt
BR009055000
Breach of Fiduciary Duty/Fail to Deal Fairly
Respondent provided property keys to a purchaser
before being authorized to do so by seller.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-1101 (A)
June 5, 2006
Consent Order
$1,000 Civil Penalty.
Marilyn Lee Stepp
Unlicensed Applicant
Convictions - Felonies
Respondent disclosed a January 1994 felony
conviction for Grand Theft Property. Sentenced to
60 days incarceration, pay restitution and placed
on 5 year probation
A.R.S. §32-2153 (B)(2), (B)(10)
June 5, 2006
Consent Order
License granted; 2 year Provisional License with
Practice Monitor; $15,000 surety bond
James Scott Watson
SA509293000
Convictions - Moral Turpitude (DUI)
May 2004, Respondent convicted of DUI, a Class
1 Misdemeanor. Respondent did not notify the
Department of the convictions in a timely manner.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7); A.A.C.
R4-28-301 (F)
June 7, 2006
Consent Order
License renewal granted; $1,000 Civil Penalty; 2
year Provisional License with Practice Monitor; 2
year Body Fluid Testing, Sobriety Monitor and AA
attendance.

Page 16

DISCIPLINARY DECISIONS
continued

COMMISSIONER’S FINAL ORDERS
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Andrew D. Blank
Unlicensed Individual
Convictions - Theft
As part of an original license application,
Petitioner disclosed a 2004 misdemeanor
conviction for Burglary.
A.R.S. §32-2153 (B)(2), (B)(7) and (B)(10)
June 27, 2006
Commissioner's Final Order
Denial of license
Mark A. Brencick
Unlicensed individual
Convictions - Moral Turpitude (DUI)
As part of an original license application,
Petitioner disclosed a 1998 DUI conviction and a
2000 DUI conviction.
A.R.S. §32-2153 (B)(2), (B)(7)
June 2, 2006
Commissioner's Final Order
2 year Provisional License with Practice Monitor,
$20,000 surety bond
Stephen C.P. Carroll
Unlicensed Individual
Other Jurisdiction Sanction
Petitioner no longer licensed to practice law in
Oregon and is not eligible for reinstatement. Failed
to file 1998 and 1999 income tax returns; 2
complaints involving criminal conduct, lawyer’
honesty or fitness; dishonesty, fraud, deceit or
misrepresentation; illegal or excessive fees;
failure to deposit and maintain client funds in a
trust account; failure to render appropriate
accounts to clients for client funds.
A.R.S. §32-2153 (B)(5) and (7)
June 27, 2006
Commissioner's Final Order
Denial of license
Angel Xavier Garcia
Unlicensed Individual
Convictions - Felonies
As part of an original license application,
Petitioner disclosed 1995 and 1996 felony
convictions.
A.R.S. §32-2153 (B)(2), (B)(9)
June 2, 2006
Commissioner's Final Order
2 year Provisional License with Practice Monitor;
$15,000 surety bond
Mark Goldstone
Unlicensed Individual
Convictions - Other (Misdemeanor)
As part of an original license application,
Petitioner disclosed multiple misdemeanor
convictions for DUI, Domestic Violence/Assault,
Bad Check violations, unlawful dumping and
Biting Animal/Leash Law offense.
A.R.S. §32-2153 (B)(2), (B)(7), (B)(9) and (B)(10)
July 5, 2006
Commissioner's Final Order
Denial of license

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Scott S. Hayes
Unlicensed Applicant
Convictions - Felonies
1993 - felony conviction for Possession of
Cocaine While Armed with a Loaded Operable
Firearm; 1994 felony convictions for Sale of a
Controlled Substance and Giving False
Information to a Police Officer; 1997 misdemeanor conviction for DUI; 1998, felony
conviction for Unlawful Flight from Pursuing Law
Enforcement Vehicle; 2002 - misdemeanor
conviction for Resisting Arrest and 2004 misdemeanor conviction for Disorderly Conduct
A.R.S. §32-2153 (B)(2), (B)(7), (B)(10)
July 17, 2006
Commissioner's Final Order
Denial of license
Todd Headlee
Unlicensed individual
Convictions - Felonies
As part of an original license application,
Petitioner disclosed a 2001 felony conviction in
California for Possession for Sale of a Controlled
Substance and a 2001 conviction in California for
DUI.
A.R.S. §32-2153 (B)(2), (B)(7)
June 12, 2006
Commissioner's Final Order
Denial of license
William Larkin
Unlicensed Individual
Convictions - Felonies
Petitioner, when applying for licensure, disclosed
a previous felony conviction for Aggravated
Assault.
A.R.S. §32-2153 (B)(2), (B)(7) and (B)(10)
July 5, 2006
Commissioner's Final Order
Denial of license
Darren M. Mercier
Unlicensed Individual
Convictions - Felonies
As part of an original license application,
Petitioner disclosed 1990 felony convictions for
aggravated battery and grand theft in the State of
Florida.
A.R.S. §32-2153 (B)(2), (B)(7) and (B)(10)
June 14, 2006
Commissioner's Final Order
Denial of license
Tiffany Nelson
SA514253000
Convictions - Moral Turpitude (DUI)
Petitioner was convicted of Extreme DUI in
November of 2003 and did not report the conviction
in a timely manner.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7); A.A.C.
R4-28-301 (F)
July 5, 2006
Commissioner's Final Order
2 year Provisional License with Practice Monitor;
2 year Body Fluid Testing, Sobriety Monitor and
AA attendance; $1,000 Civil Penalty
Page 17

DISCIPLINARY DECISIONS
Commissioner’s Final Orders continued

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Kenneth Pinson
SA541440000
Convictions - Violence against another person
As part of an renewal license application,
Petitioner disclosed a 2005 misdemeanor
conviction for Assault.
A.R.S. §32-2153 (A)(3), (B)(7), (B)(10)
June 5, 2006
Commissioner's Final Order
2 year Provisional License with Practice Monitor
Veronica Salter
Unlicensed Applicant
Convictions - Moral Turpitude (DUI)
Petitioner disclosed misdemeanor convictions in
2004 and 2005 for driving on a suspended license
and a 2005 misdemeanor conviction for Extreme
DUI.
A.R.S. §32-2153 (B)(2), (B)(7)
July 12, 2006
Commissioner's Final Order
Denial of license
Robert Paul Stevens
Unlicensed Applicant
Convictions - Felonies
1998 felony conviction in California for
Possession of a Controlled Substance; multiple
misdemeanor convictions in California for
Disorderly Conduct, Possession of Open
Container, DUI, Reckless Driving and Disorderly
Conduct.
A.R.S. §32-2153 (B)(2), (B)(7), (B)(9)
July 12, 2006
Commissioner's Final Order
Denial of license
Makeda Sulce
Unlicensed Applicant
Convictions - Other (Misdemeanor)
June and July 2004 convictions for False
Information to a Law Enforcement Officer
A.R.S. §32-2153 (B)(3), (B)(7)
July 10, 2006
Commissioner's Final Order
Denial of license

Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

SUMMARY SUSPENSIONS
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Joshua Allen Ahern
SA549916000
Convictions - Moral Turpitude (DUI)
January 2005 conviction for DUI. Failure to notify
the Department in a timely manner. Failure to
respond to Department requests for information.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(7), (B)(11); A.A.C.
R4-28-301 (F) and R4-28-303 (D)
July 5, 2006
Summary Suspension
Summary Suspension of salesperson's license

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Statutes/Rules
Order Date
Order Type
Order Terms

Robert M. Clendenning
BR522362000
Convictions - Felonies
In April of 2006, Respondent was convicted of
Aggravated Forgery, a Class B felony in the State
of Maine. Respondent was sentenced to 18
months imprisonment and 1 year probation.
Respondent failed to disclose the conviction to the
Department as required.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(3), (B)(5), (B)(7),
(B)(10); A.A.C. R4-28-301 (F) and R4-28-303 (D)
June 15, 2006
Summary Suspension
Summary Suspension of broker's license
William Mervyn Dominguez, Jr.
SA537708000
Convictions - Felonies
In March of 2005, Respondent convicted of Theft,
a class 3 felony and sentenced to 1 year
incarceration with work release, placed on 5 years
probation, ordered to pay restitution and fines
totaling $276,034.68. Respondent failed to notify
the Department of the felony conviction as
required.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(5), (B)(7), (B)(10);
A.A.C. R4-28-301 (F) and R4-28-303 (D)
July 17, 2006
Summary Suspension
Summary Suspension of salesperson's license
Rick W. Katt
SA116942000
Multiple violations
Respondent failed to complete continuing
education courses as required, filed a false or
misleading license renewal application and failed
to respond to multiple written communications
from the Department.
A.R.S. §32-2153 (A)(3), (B)(1), (B)(7), (B)(11)
June 30, 2006
Summary Suspension
Summary Suspension of salesperson's license.
07/28/2006 - Summary Suspension lifted.
Robert David Levison
SA520560000
Convictions - Moral Turpitude (DUI)
Multiple convictions for DUI; actions taken by a
regulatory entity (Dental Board) against
Respondent; failure to disclose convictions and
regulatory actions; failure to respond to Department
request.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(1), (B)(3), (B)(7),
(B)(11); A.A.C. R4-28-301 (F) and R4-28-303 (D)
June 16, 2006
Summary Suspension
Summary Suspension of salesperson's license

Page 18

DISCIPLINARY DECISIONS
Summary Suspensions continued
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Richard James McGee
SA540263000
Dishonest Dealings
In November of 2005, Respondent cashed
commission checks made out to brokerage.
Respondent failed to respond to multiple requests
for information from Department
A.R.S. §32-2153 (A)(1), (A)(3), (A)(7), (B)(2), (B)(5),
(B)(7), (B)(10); A.A.C. R4-28-301 (F) and R4-28-303
(D)
July 13, 2006
Summary Suspension
Summary Suspension of salesperson's license
Jason Mongeau
SA546310000
Non-compliance with Order
In March of 2006, Respondent entered into a Consent Order with the
Department, part of which Respondent agreed not to consume alcohol,
illegal drugs or controlled substances not prescribed by
a treating physician. In June of 2006, the Department received a report
that Respondent had tested positive for alcohol.
A.R.S. §32-2153 (A)(3), (A)(24), (B)(9)
June 28, 2006
Summary Suspension
Summary Suspension of salesperson's license
Mayra Nogales
SA556412000
Convictions - Felonies
In May of 2005, Respondent convicted of Theft, a class 4 felony and
sentenced to 2.5 years incarceration. Respondent failed to notify the
Department of the felony conviction as required.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(5), (B)(7), (B)(10);
A.A.C. R4-28-301 (A)(1)(a) and R4-28-301 (F)
June 6, 2006
Summary Suspension
Summary Suspension of salesperson's license
Timothy John Parker
BR106366000 and SE106366000
Convictions - Felonies
March 2005 conviction for Forgery, a Class 4 felony. Sentenced to 3
months probation. April 2006 conviction affirmed by Arizona Court of
Appeals
A.R.S. §32-2153 (A)(3), (B)(2), (B)(5), (B)(7), (B)(10)
July 19, 2006
Summary Suspension
Summary Suspension of broker's licenses
Kyle Richard Riedy
SA564037000
Non-compliance with Order
In August of 2005, Respondent entered into a Consent Order with the
Department, part of which Respondent agreed not to consume alcohol,
illegal drugs or controlled substances not prescribed by a treating
physician. In April of 2006, the Department received a report that
Respondent had tested positive for alcohol.
A.R.S. §32-2153 (A)(3), (A)(24), (B)(9)
June 29, 2006
Summary Suspension
Summary Suspension of salesperson's license

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Statutes/Rules
Order Date
Order Type
Order Terms

Veronica Staron
SA545919000
False Application
Respondent had not completed required CE
courses, filed a false application, and failed to
respond to Department requests for information
A.R.S. §32-2153 (A)(3), (B)(1) and (B)(7)
June 8, 2006
Summary Suspension
Summary Suspension of salesperson's license
Celeste Ann Thompson
SA556075000
Convictions - Felonies
In March of 2005, Respondent convicted of Theft,
a class 3 felony and placed on 4 years probation,
ordered to pay restitution and fines totaling
$33,178.30. Respondent failed to notify the
Department of the felony conviction as required.
A.R.S. §32-2153 (A)(3), (B)(2), (B)(5), (B)(7), (B)(10);
A.A.C. R4-28-301 (F) and R4-28-303 (D)
July 13, 2006
Summary Suspension
Summary Suspension of salesperson's license

ACCELERATED SETTLEMENT AGREEMENTS
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Vera Anderson
SA531762000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 23, 2006
Consent Order (ASA)
$1,000 C. P.
David F. Ateah
SA530928000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 12, 2006
Consent Order (ASA)
$2,000 C. P.
Bradley Baird
BR531285000
Advertising
Salesperson's advertisement did not include name
of employing broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E),
R4-28-1103 (A), (A)(5)(b), (B)
May 22, 2006
Consent Order (ASA)
$500 C. P.

Page 19

DISCIPLINARY DECISIONS
Accelerated Settlement Agreements continued

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Kristen K. Behn
SA550747000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 2, 2006
Consent Order (ASA)
$1,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

Sheri A. Best
SA520806000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, January 2005
misdemeanor conviction for Operating While
Intoxicated.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
May 25, 2006
Consent Order (ASA)
$1,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

Durmond R. Blatnik
SA038253000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
April 24, 2006
Consent Order (ASA)
$2,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

Jorge Calvo
SA533798000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, November
2004 misdemeanor conviction for DUI.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
June 19, 2006
Consent Order (ASA)
$1,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

Rolf W. Christiansen / Kris Properties, LLC
BR116461000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
April 19, 2006
Consent Order (ASA)
$4,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

Statutes/Rules
Order Date
Order Type
Order Terms

Shawn Coats
SA503837000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 4, 2006
Consent Order (ASA)
$500 C. P.

Name
License Number
Violation
Summary

Douglas Coats
SA503863000
Advertising
Advertisement did not include name of employing

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Name
License Number
Violation
Summary

Name
License Number
Violation
Summary

Name
License Number
Violation
Summary

Name
License Number
Violation
Summary

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 11, 2006
Consent Order (ASA)
$500 C. P.
James G. Coyne / Univest Commercial, LLC
LC102928000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 14, 2006
Consent Order (ASA)
$4,000 C. P.
Patrick T. Cunningham
SA548800000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, March 2006
misdemeanor conviction for DUI and change of
address.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
July 18, 2006
Consent Order (ASA)
$1,200 C. P.
Margaret Carann Dixon
BR112590000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.
A.R.S. §32-2153 (A)(6), (A)(21)
June 8, 2006
Consent Order (ASA)
$1,500 C. P.
Michael Dunlevy
SA535247000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
July 13, 2006
Consent Order (ASA)
$1,000 C. P.
Michael Patrick Embry / Pin Point Properties,
LLC
LC547434000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 13, 2006
Consent Order (ASA)
$4,000 C. P.

Page 20

DISCIPLINARY DECISIONS
Accelerated Settlement Agreements continued
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Geoffrey Foster
SA566153000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 17, 2006
Consent Order (ASA)
$500 C. P.
Duane B. Fouts
BR032120000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.
A.R.S. §32-2153 (A)(6), (A)(21)
July 17, 2006
Consent Order (ASA)
$4,000 C. P.
Estela R. Garcia
SA545952000
False Application
Failed to complete Continuing Education
requirements required for license renewal.
A.R.S. §32-2130, §32-2153 (B)(1); A.A.C.
R4-28-402
February 23, 2006
Consent Order (ASA)
$1,000 C. P. and proof of completion of
continuing education courses.
Jeffrey Gary
SA529033000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 15, 2006
Consent Order (ASA)
$500 C. P.
Marvin Green
SA523652000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 17, 2006
Consent Order (ASA)
$500 C. P.
Robert "Bob" Gutierrez
SA509413000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, June 2005
misdemeanor conviction for Assault and Criminal
Damage.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
June 30, 2006
Consent Order (ASA)
$1,000 C. P.

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Pamela Danley Hushek / Danley Real Estate
Services, Inc.
CO001404000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 2, 2006
Consent Order (ASA)
$2,000 C. P.
Lawrence Keith Hutter / Hutter Real Estate
Services, Inc.
CO545467000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 2, 2006
Consent Order (ASA)
$6,000 C. P.
Jeri P. Hyland
BR036599000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.
A.R.S. §32-2153 (A)(6), (A)(21)
April 18, 2006
Consent Order (ASA)
$2,500 C. P.
Kip Erwin Johnson / Diamond Foothills
Properties, LLC
LC510150000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 8, 2006
Consent Order (ASA)
$2,000 C. P.
James R. Kelder
BR005420000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, November
2004 misdemeanor conviction for Driving Under
the Influence.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
June 21, 2006
Consent Order (ASA)
$1,000 C. P.
Steven M. Luckett
BR115801000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.
A.R.S. §32-2153 (A)(6), (A)(21)
June 2, 2006
Consent Order (ASA)
$1,000 C. P.

Page 21

DISCIPLINARY DECISIONS
Accelerated Settlement Agreements continued

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Stacy A. Martinat
BR522797000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, September
2005 misdemeanor conviction for DUI.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
July 6, 2006
Consent Order (ASA)
$1,000 C. P.
Charles G. McCord III
SA506794000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
April 20, 2006
Consent Order (ASA)
$2,500 C. P.
Brian McKernan
SA527658000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 23, 2006
Consent Order (ASA)
$500 C. P.
Timothy J. McMahon / McMahon Realty
PA521591000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 29, 2006
Consent Order (ASA)
$3,000 C. P.
Kenneth Owen McQueen
SA112250000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 28, 2006
Consent Order (ASA)
$500 C. P.
Timothy Murphy
SA543935000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 23, 2006
Consent Order (ASA)
$500 C. P.
Darrell L. Obert
BR004930000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Statutes/Rules
Order Date
Order Type
Order Terms

A.R.S. §32-2153 (A)(6), (A)(21)
June 14, 2006
Consent Order (ASA)
$2,000 C. P.

Name
License Number
Violation
Summary

Charles O'Dell
SA541738000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 23, 2006
Consent Order (ASA)
$500 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Andrew J. Ogan
SA525585000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 28, 2006
Consent Order (ASA)
$500 C. P.

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Jason J. Ordean
SA548042000
Convictions - Moral Turpitude (DUI)
September 2005 conviction for misdemeanor DUI
A.R.S. §32-2153 (B)(2), (B)(6)
April 26, 2006
Consent Order (ASA)
$1,000 C. P.

Name
License Number
Violation
Summary

Michael T. Poturalski
SA113586000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, November
2005 misdemeanor conviction for DUI.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
June 20, 2006
Consent Order (ASA)
$1,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

James T. Purvis
BR004434000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.
A.R.S. §32-2153 (A)(6), (A)(21)
July 20, 2006
Consent Order (ASA)
$2,000 C. P.
James Reynolds
SA552820000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
May 17, 2006
Consent Order (ASA)
$500 C. P.

Page 22

DISCIPLINARY DECISIONS
Accelerated Settlement Agreements continued
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary

Bill Rimsza / Rimsza Realty, Inc.
CO103129000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
April 25, 2006
Consent Order (ASA)
$2,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

A.R.S. §32-2153 (A)(6), (A)(21)
May 30, 2006
Consent Order (ASA)
$2,500 C. P.

Name
License Number
Violation
Summary

Bonnie M. Ring / Sun Lakes Homeowners'
Association #1, Inc.
CO001203000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
July 5, 2006
Consent Order (ASA)
$2,000 C. P.

Statutes/Rules
Order Date
Order Type
Order Terms

Jeffrey D. Unverferth
SA113142000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, June 2004
misdemeanor conviction for DUI.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
April 19, 2006
Consent Order (ASA)
$1,000 C. P.

Sharon Rodgers
SA544977000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
June 5, 2006
Consent Order (ASA)
$500 C. P.
Frank W. Sciascia / F&J Home Services, Inc.
CO531998000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 30, 2006
Consent Order (ASA)
$3,000 C. P.
Mark A. Seale
BR024402000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
June 29, 2006
Consent Order (ASA)
$500 C. P.
Dianne Sikel
SA109214000
Advertising
Advertisement that offered to pay unlicensed
persons for performing real estate activity.
A.R.S. §32-2155 (B)
April 26, 2006
Consent Order (ASA)
$500 C. P.
Jerry J. Tuzil
BR102306000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.

V O L U ME 3 2 — I S SU E 4

AUGUST / SEPTEMBER 2006

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms
Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Lynford Walters
SA104877000
Advertising
Advertisement did not include name of employing
broker.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-502 (E)
June 26, 2006
Consent Order (ASA)
$500 C. P.
James B. Watkins
BR021813000
Broker Supervision
Failed to properly supervise; allowing sales
activities by an unlicensed person.
A.R.S. §32-2153 (A)(6), (A)(21)
June 28, 2006
Consent Order (ASA)
$2,000 C. P.
Stephen C. Weber / Peak PM LLC
LC547263000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
April 24, 2006
Consent Order (ASA)
$3,000 C. P.
Susan Marie Wester / Adobe Property
Management, Inc.
CO001139000
Unlicensed Activity
Conducted sales activities without an active
license.
A.R.S. §32-2130 (B), §32-2153 (B)(6)
April 28, 2006
Consent Order (ASA)
$6,000 C. P.
Donald Zgierski
SA044272000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, January 2006
misdemeanor conviction for DUI.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
July 20, 2006
Consent Order (ASA)
$1,000 C. P.

Page 23

DISCIPLINARY DECISIONS
Accelerated Settlement Agreements continued

Name
License Number
Violation
Summary
Statutes/Rules
Order Date
Order Type
Order Terms

Timothy A. Zubey
SA549742000
Failure to Disclose in a Timely Manner
Failed to disclose, within 10 days, November
2004 misdemeanor conviction for DUI.
A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
June 7, 2006
Consent Order (ASA)
$1,000 C. P.

END OF DISCIPLINARY DECISIONS
August / September 2006 Listings

HUH?
Some things that come to the Department just cause us
to say “HUH?” Here are a few examples.
A broker, responding to a complaint, said “No, I didn’t tell
the buyer that buying a house on a golf course might result in his house being hit by golf balls. I also didn’t tell
him standing in the street might result in being hit by a
car.”
A pest inspection form said the inspector checked “for 9
foot tall ants in the back yard.” (Editor’s note: Heck, if
they are 9 feet tall they can go anywhere they want!)
A broker responded to a complaint saying “we created
and documented the damages and vandalism that occurred…” (emphasis added).
A buyer, filing a complaint, said her agent did not tell her
that removing the furnace would result in the house not
having any heat.
A Complainant, in part of the LONG narrative of her complaint, said while her neighbor was out of town she “fed her
dog a Golden Retriever.” (Editor’s note: If she fed her dog a Golden
Retriever it must be a pretty big dog – that’s quite a meal). Œ

VO L U ME 3 2 — I S S U E 4

AUGUST / SEPTEMBER 2006

New H.O.A. Legislation
Until recently, people having issues
with their Home Owner’s Association (HOA)
had few, if any, options for settling them,
short of civil court action. Many people file
complaints with the Department of Real
Estate (ADRE) about disputes with their
HOA. However, the ADRE has no
jurisdiction in these situations and, until
now, had no real option for a place to refer
the complaint.
Although not providing specific
oversight for HOAs, the 2006 Legislature
passed House Bill 2824 addressing some
HOA issues. This bill provides a process for
an owner to follow if the owner wishes to
contest a notice of violation, effective Sept.
21, 2006. It sets out specific requirements
the HOA must include in the notice of
violation. Additionally, the bill provides that
the Department of Fire, Building and Life
Safety (DFBLS) is responsible for assisting
owners in obtaining a hearing in front of an
Administrative Law Judge to adjudicate any
disputes within the jurisdiction of the bill.
The DFBLS is not responsible for
conducting investigations or regulating
HOAs.
However, it is responsible for
assisting owners in obtaining and
scheduling
hearings
before
an
Administrative Law Judge to adjudicate
disputes. The DFBLS may be reached at
1110 West Washington, Suite 100
Phoenix, AZ 85007
Phone:
Fax:

602.364.1003
602.364.1052.
Œ

Page 24

REMINDERS
Abbreviations Used In The Bulletin
AAC

Arizona Administrative Code (usually citing the Rules promulgated by the
Arizona Department of Real Estate,
often referred to as
“The Commissioner’s Rules”)

AAR

Arizona Association of REALTORS ®

ADRE

Arizona Department of Real Estate

ARS

Arizona Revised Statutes

ICRESON

Instituto Catastral y de Servicios
Registrales This is the agency within
the Government of the State of Sonora,
Mexico that maintains the public registry
(cadastral) of titles and deeds, and the
voluntary registry of real estate agents
working in Sonora.

ADRE’s On-Line
License Renewal System is Secure.
Not only is it convenient and easy, the On-Line
ADRE License Renewal System is a secure site that
uses industry standards implemented by IBM that meet
State of Arizona standards for securing and transferring
personal information over the Internet.
Payment and other screens handling sensitive
information utilize encryption to keep your personal information safe.
Go to: www.azre.gov and click on the
“Online Licensing” link.

License Renewal
Is a Snap

Watch for the
Launch

when you use the ADRE On-Line
License Renewal System.

of the improved
ADRE web site !

go to: www.azre.gov and click on the
“Online Licensing” link.

www.azre.gov

Coming Soon.

VO L U ME 3 2 — I S S U E 4

AUGUST / SEPTEMBER 2006

Page 25

Arizona Department of Real

Estate

Main Office:

Southern Arizona Office:

2910 North 44th Street, 1st Floor
Phoenix, Arizona 85018
Phone: 602.468.1414
Fax: 602.468.0562

400 W. Congress, Suite 523
Tucson, Arizona 85701
Phone 520.628.6940
Fax 520.628.6941

We are on the web:
http: //www.azre.gov

The Bulletin
An official publication of the State of Arizona,
Department of Real Estate.
Janet Napolitano
Governor
Elaine Richardson
Commissioner
Ronald Passarelli
Deputy Commissioner
Mary C. Utley
Communications Director
Real Estate Advisory Board
Gary Brasher, Chair
Lisa A. Suarez, Vice-Chair
R.L. Brown, Past Chair
Vicki L. Cox-Golder
Frank Dickens
Thomas J. Pancrazi
Vince Pellerito
Felipe Andres Zubia
Ann White

Note: Please check your mailing label and if the date
above your name is more than 1 year old, you must
subscribe for another year. Send your request along
with a check for $10 payable to ADRE and note on your envelope:
Attention: Bulletin Subscription.

© 2006 ARIZONA DEPARTMENT OF REAL ESTATE. THE ARIZONA DEPARTMENT OF REAL ESTATE
BULLETIN, OR “THE BULLETIN,” IS SCHEDULED TO BE PUBLISHED 6 TIMES A YEAR AND IS AVAILABLE
FROM THE WEB SITE ABOVE. FIRST-CLASS MAIL SUBSCRIPTIONS ARE AVAILABLE FOR $10 PER YEAR.
ARTICLES REPRINTED FROM OTHER PUBLICATIONS DO NOT NECESSARILY REFLECT THE POLICIES OR
INTERPRETATIONS OF LAW BY THE ARIZONA DEPARTMENT OF REAL ESTATE.
ADRE is an
EQUAL EMPLOYMENT OPPORTUNITY

and REASONABLE ACCOMMODATION
AGENCY.

Page 26