DIALOG
The Periodic Bulletin
from
The Arizona Department of Real Estate

ARIZONA DEPARTMENT OF REAL ESTATE IS UTILIZING IT’S PARTNERSHIPS
TO FACILITATE ACTION ON MANY OF ARIZONA’S REAL ESTATE ISSUES…

Commissioner

Lowe

COMMISSIONER’S
CORNER

In this “changing” world environment, ADRE is focused on reviewing prior
year’s Real Estate Industry Stakeholder’s input on the major areas of real
estate.
This feedback had been compiled in many volumes of
recommendations, and has recently allowed for many lengthy hours of
reading and discussion for myself, our ADRE staff, and many of the very
stakeholders who contributed their ideas over the years.
Believing that “CHANGE IS GOOD…(as long as it’s good change.) I
highlighted those suggested recommendations that would allow for the
greatest opportunity of change for a real estate industry that was asking
for “an increase in the knowledge and professionalism” of those in their
own industry, in order to better serve and protect Arizona’s constituents.
However, I quickly learned that “change can be slow”, especially in
government. The changes that could be made more readily, have been
made, or are “in the works”.
Some changes will require Statute changes. Over the past few months we
have been working diligently with industry stakeholders in determining
what those changes need to be. After many robust discussions, mutually
agreed upon changes were reached. Industry partners have step forth and
will “package” the recommended changes and move them through the
Legislative process.
The Proposed Legislative Changes include: (remember, these are subject
to Legislative approval)•
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Four Year License Term to revert back to a two year term.
Define the Business Broker License requirement
Require a “criminal clearance card” to be presented at time of
license application
Enhance the Pre-license course content and testing….with more
questions…and, the Broker course content to be more
comprehensive and difficult than the salesperson.
Continued on page 2

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Page 2

Volume 2009-Issue 3

COMMISSIONER’S CORNER
Continued from page 1
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A new licensee, completing the 90 hours of pre-licensing education, shall
receive a provisional original license. No later than the first 2 year
license renewal period, however, as soon as the licensee prefers, fifteen
hours of post-licensing courses must be completed, plus the 30 hours
of CE renewal credits, for renewal of their license. The Designated
Broker shall determine what a provisional licensee may do within the
DB’s Brokerage.
The post-licensing courses will contain required
content that prepares the licensee to be more fully prepared to represent
a Buyer and/or Seller, and may include specialization training.
The twenty-four hours of Continuing Education (CE) credits requirement
within two years, will be increased to thirty hours of CE, with the
additional six hours in “Commissioner’s Hot Topics”, i.e. Short Sale
Application and Renewal Fees to be assessed to Schools, Instructors,
and Courses.
Enhancing the Departments ability to regulate courses being
taught….that they are current and not substantially changed from the
time they were approved.
The Designated Broker, and anyone appointed by the DB in a supervisory
role, shall be required to complete fifteen hours of specific education in
Broker Supervision, in addition to the thirty hours of CE.
Additional Subdivision/Development Statutes

The Department will be implementing a Volunteer Education Monitor Program,
which will utilize a Team of trained volunteer monitors to visit education courses
being offered throughout the state, to ascertain that courses are being delivered
according to the Statutes and Rules of the Department.
The Legislative changes will be packaged soon, and I will be traveling the state
asking for support from each Arizona licensee, as well as constituents,
including contacting their Legislators to support our bills.
While we’re speaking of Arizona’s Legislators, please remember to contact your
Legislators to mandate that they settle the “FY 2010 Budget” deficit of $2B.
Our Department has submitted Budget adjustments, that should they be
required, would diminish the services that the Dept. of Real Estate offers to the
Licensees, and definitely reduce the number of staff that are currently focused
on the protection of the consumers in their real estate transactions.
Contact Mary Utley, Assistant Commissioner Business
mutley@azre.gov , to schedule my visit with your group.

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Services:

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Volume 2009-Issue 3

“Out and About” with Commissioner Lowe

Commissioner Lowe and Marco Antonio
(newly appointed Sonora Co-Chair) at
Arizona-Mexico Inter-plenary in Nogales,
Sonora, Mexico.

Commissioner Lowe meeting
with Pre-Licensure
Stakeholders.

Commissioner Lowe at Prescott Stakeholders Meeting with Karla Roberts and
Dan Harris.

Local Association Presidents meet with
Commissioner.

ARMLS CEO and officers met with Commissioner on 11/2/09.

Commissioner Lowe with TAR members at
Tucson Association of REALTORS EXPO.
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Volume 2009-Issue 3

Real Estate Services
Division Updates/Staff Achievements
Licensing Division – Diane Paulsen-Manager
The Licensing Division has been working very hard at updating all the forms for the internet to make
them more user friendly and easier to read. We have done step by step processes for each of the forms
and they came out great. The Licensing Division has also taken over from the Education Division, the
task of processing the Broker Verification forms and the Licensure recertification forms. Currently there
is no backlog in this area. Licensing has also become the concierge service for Investigations and
Development Services, for drop off or picking up packages. The process has improved greatly since
starting a few months ago.
The Licensing Division has recently implemented a new process in handling the Broker Desk emails and
appointments and it has been a hit. When a broker wishes to open a new company or change
designated brokers, they send a request to a designated email and we respond with instructions on how
to proceed. Once they have completed the final step, the licensee then emails us the documentation for
verification and processing. In doing this, it has lessened our walk-in traffic and gives us time in the
mornings to process the paperwork. We also have been getting excellent customer service surveys
overall and especially with the new broker desk process.
Education Division– Manager-Michael Hailey; Carla Randolph, Interim Lead
The Education Division has recently received additional assistance from other divisions’ staff to complete
the backlog of applications pending approval. With that assistance over a three week period all
applications were processed. The Education Division with the great support of the IT division is working
on course approvals and to process the course renewals through the online system.
The Education Division is also getting ready to reinstitute the Volunteer Monitor Program. This program is
set up to have qualified volunteers go out and monitor schools and classes where needed and then write
an outlined report of that class. That will assist the department and school to see where changes are
needed in course content .
Real Estate Audit & Investigations Division-Manager Robin King
Auditing: Between 07/01/2009 and 09/30/2009, the Department’s Auditors processed 187 Broker
Audit Declarations. They are currently working on Electronic Broker Audit Reviews. Using the Broker Audit
Declarations as an information source, the Auditors sent letters to 67 Brokers believed to be performing
property management services to property owners. To date 8 reviews have been completed. The
Auditors have had to request additional information from many of the Brokers. Due to this additional
step, the Auditors are reevaluating the documentation being requested with an eye toward expanding the
document list.
Investigations: between 07/01/2009 and 09/30/2009, the Real Estate Investigators completed 262
cases with 31 cases referred to Enforcement and Compliance for further review and possible action. The
Investigators remain focused on completing cases received prior to 01/01/2009, as well as reducing the
number of pending cases.

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Page 5

Volume 2009-Issue 3

Continued from page 4

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Real Estate Services
Division Updates/Staff Achievements

Development Services & Investigations– Manager Cindy Ferrin
Completed the purging of 2005 subdivision files and moved the remainder of 2009 into the locked
file room.
Assisted the Education Division in getting caught upon course, instructor and school applications.
Started doing completion inspections and working towards having them caught up.
Worked in updating subdivision applications.

Enforcement & Compliance Division
Closed 72 cases in September 2009
Issued 3 cease and Desist actions; issued 4 Summary Suspensions of licenses.
Collected $31,000 in Civil Penalties.
Opened 215 cases (up 594% from previous month). Of these 181 cases were Noncompliance with
CE requirements.
• Referred 2 cases to AGO for Formal Hearing (50 total cases currently at AGO)
• Continuing audit of Recovery Fund active files.
• Completed outstanding debt reporting (quarterly) for AG (BCE) and ADOA.

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BUSINESS SERVICES
Fiscal-Manager Vicky Rokkos
With the appointment of Commissioner Lowe in may 2009, the HUB was created to ensure the public
and industry were promptly responding to all incoming calls. Since June 2009, the HUB has been
successful in responding to and assisting clients with over 13,000 calls.
Additionally, the HUB also oversees the continuing Education (CE) Deficiency process for licensees that
have not complied with the 24 CE credit for the first 24 months of their 4 year licensure. Since June
2009, the HUB has mailed out over 3,300 letters to licensees and Brokers and assisted licensees to
become compliant. The Department is doing its part in communicating the CE requirements for
licensees by sending out email blasts and 90-60-30 day courtesy email reminders to licensees.
Currently, we see an average of 400 licensees monthly who are deficient in their requirements. We need
your help to spread the word.
Technology-Manager Kevin Goode
Information Technology (IT) has been working on the following projects:
1. Developing a new website to adopt the State’s new “look and feel” and to make information more
accessible and easier to find.
2. Extending the Online System for Schools to provide the following new services:
A. 14 day schedule notices
B. Course renewals
3. Extending the Public Database to provide search services for scheduled courses.
A. When schools schedule their courses online they will be searchable by date, location and
requirement type.
4. Consolidating servers and applications to more efficiently use the Department’s newest equipment.
A. Keeps critical functions running on hardware that is still within warranty.
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Page 6

Volume 2009-Issue 3

About the Arizona Multihousing Association
Established in 1966, the Arizona Multihousing Association (AMA) is the statewide, nonprofit trade
organization for the apartment and rental housing industry.
OUR MEMBERS
Our members subscribe to a Code of Conduct, which includes a pledge toward quality, professionalism,
honesty, integrity, knowledge and compliance with federal, state and local laws. The AMA serves nearly
2,000 Members who are:
Apartment properties
Management companies
Owners or developers of apartment communities
Owners of single-family or other small rental properties
Altogether, our Members own or manage a total of over 200,000 rental units, the majority in nearly 1,000
apartment communities. In addition our Independent Rental Owners Council (IROC) membership is for
owners of 20 or fewer rental housing units (single-family and multi-family).
The AMA also serves nearly 600 Associate Members who are suppliers of products and services to the
industry.
AMA Members account for nearly 60% of all rental stock of two or more units in Arizona. From advertising
to utilities, Members contribute hundreds of millions of dollars annually to Arizona’s economy through taxes,
fees, construction and purchases.
OUR FISCAL COMMUNITY CONTRIBUTIONS
Rental housing is the sixth largest industry in Arizona with annual revenues of more than $5 billion
Annual state and local taxes, including corporate income tax, total more than $872 million.
Rental housing provides housing for approximately one-third of all Arizona households (more than 2
million people)
Households earning $50,000 or more have been fastest-growing segment of the local apartment market
40% of Arizonans living in an apartment do so by choice, not out of necessity.
The apartment and rental housing industry directly employs more than 21,000 Arizonans, and at least an
equal amount in jobs that provide goods and services to the industry
WORKING WITH LOCAL & STATE GOVERNMENT
The Arizona Multihousing Association represents ethical rental housing providers in legislative, legal and
regulatory matters and supports:
Arizona Fair Housing Law
Arizona Residential Landlord and Tenant Act
Neighborhood Revitalization Act
Slumlord Abatement Law

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Continued on Page 7

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Volume 2009-Issue 3

About the Arizona Multihousing Association
Continued from page 6

CONTINUING EDUCATION
The AMA provides over 400 hours of continuing education, training classes and networking opportunities for
members and nonmembers. The AMA offers Continuing Education Classes for:

National Designations
Executive-Level Training
Leasing & Marketing
Fair Housing
Property Management & Operations

The AMA is also licensed by the state Department of Real Estate as a real estate school for renewal credit
hours and can provide landlord legal information and assistance service.
COMMUNITY OUTREACH
The Arizona Multihousing Association helps Members give back to their communities through the following
programs:
Crime Free Multi-Housing Program
FIVE STAR – recognizes more than 200 AMA apartment communities for excellence in property
management practices
Project S.A.F.E. (Safety Awareness Family Education) – provides annual safety training for rental
residents and their surrounding communities
Big Hearts for Little Hands – contributes over $150,000 per year to transitional
housing shelters throughout Arizona
RECOGNITIONS
The AMA is recognized as one of the leading apartment associations in the country, is a proud member of the
National Apartment Association and the National Multi Housing Council and continues to be acknowledged as
a resource and model of excellence in the local and national rental housing industry (National Apartment
Association’s 2000, 2004, 2005, 2006 and 2009 Paragon Award winner).
CONTACT THE AMA

5110 N. 44th St., Suite L160
Phoenix, AZ 85018
Phone: (602) 296-6200
Fax: (602) 296-6178
(800) 326-6403
www.azama.org

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Page 8

Volume 2009-Issue 3

John Foltz appointed to lead Short Sale/REO “THINK TANK”.
Judy Lowe, Arizona’s Real Estate Commission has appointed John Foltz, a nationally
recognized Broker, to lead a group of Phoenix Real Estate Short Sale and REO
Stakeholders to review the many complex Short Sale and REO (foreclosure) issues
that the Arizona real estate market place is faced with today. Mr. Foltz will also be
facilitating a knowledgeable group in Tucson, Arizona.
In a real estate market where approximately 65% of the homes sales involve
distressed properties situations, it has become very evident that there are situations
occurring with much harm to Arizona’s Buyers and Sellers of real estate, to the real
estate industry including many Lenders as well as negatively impacting the home
values of Arizona’s communities.
As the former Designated Broker for one of Arizona’s largest real estate companies.
John has a personal mission to support the Department’s focus of “enhancing the
knowledge and professionalism of the industry, in protecting the public.”
Arizona’s Real Estate Industry thanks John!

Arizona Department of Real Estate

Education Advisory Committee
(EAC)

The Department received interest from over a 100 individuals who indicated a desire to serve on the EAC.
After an extensive review of the applications, the following were chosen: Lin Ferrara, Holly Eslinger, Jim
Marian, Jim Hogan, John Crobsy, Jon Kichen, Tom Heath, John Latardo, Andy Jaffe and Bob Bass.
Their term ends on December 2011.
Some items that the EAC is reviewing and/or ratifying feedback from Department Stakeholder Workgroups
on Pre-licensure, Salesperson/Broker Exams, post license education (creation of specific designations/
specializations, mentor/mentee programs) and continuing education.

Education Division
Volunteer Monitoring Program

Judy Kisselburg
Education Auditor
Email: jkisselburg@azre.gov

Dialog-The Periodic Bulletin of the Arizona Department of Real Estate

Ms. Kisselburg is responsible for the reinstituted Volunteer
Monitoring Program. Ms. Kisselburg has been with the
department for 21 years and brings a myriad of knowledge to
her latest assignment. She will oversee the program which was
launched on September 30, 2009.

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Page 9

Volume 2009-Issue 3

Governor Brewer appoints Charles Bowles to the Real Estate Advisory Board.

On October 21, 2009, the Real Estate Advisory Board welcomed it’s newest
member– Charlie Bowles. Mr. Bowles has been actively involved in the real
estate industry since 1978. He has been with Diamond Ventures in Tucson
since 1999 and is the Vice-President of Marketing and Sales, Broker. Mr.
Bowles has been the recipient of many awards including the following: NHBA
National MAIM Award Winner- 1995; SAHBA Winner of 1996 Sales Manager
of The Year; 4 separate Grammy Awards for Sales and Marketing Excellence;
Chairman of Sales and Marketing Committee Multiple Years; Chairman of
Multi-Housing Council for Southern Arizona; Member of the Year 2008 and
Tucson Father’s Day Council– Father of the Year 2008.

Charles Bowles

Mr. Bowles has extensive volunteer experience and currently serves as
President of Tu Nidito Board of Directors.

Real Estate Advisory Board
The Arizona Real Estate Advisory Board was established by the Legislature to provide the Real Estate
Commissioner "with such recommendations as it deems necessary and beneficial to the best interests of the
public. The board shall also provide recommendations on specific questions or proposals as requested by the
Commissioner."
The board comprises of nine members appointed by the Governor. The term of office of each member is six
years. Meetings are held on a quarterly basis and the next scheduled meeting is January 13, 2010 at 10 am to
Noon at the Arizona Department of Real Estate, 2910 N. 44th. Street, Phoenix, AZ.
The Board members acts as facilitators for the public and industry. At the quarterly meeting, each members
reports on the type of calls they have received and the outcome. Recently members have received calls
regarding property management, short sales, etc.
Currently the membership consists of: Frank Dickens, Chair (email: Frankdkns@msn.com); Kathy Howe, ViceChair (email: Kathy@KathyHowe.com ); Anne White-member (email: AWhiterealty@q.com ); Tom Pancrazi-member
(email: tom@pancrazi.com); Patti Shaw-member (email: PShaw151@cox.net); Bruce Mosley-member (email:
Bdm23@cornell.edu ); Lisa Suarez-member (email: lisa@emsrealty.com ). There are two vacant positions on the
Board.
If you are interested in serving on the Real Estate Advisory Board, please click here
http://www.azgovernor.gov/bc/BCinfo.asp

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Page 10

Volume 2009-Issue 3

LICENSING DIVISION

“HOW MAY WE HELP YOU?”
ALL CALLS
(602) 771-7700, (602) 771-7730
EMAIL: LICENSING@AZRE.GOV

Fantastic!
Knowledgeable & got it done.
Keep up the great work.

Erni was very helpful &
knowledgeable, great service.
Keep up the great work.

Ernie Pena-Douthitt

Lynn Long
Tucson Office

Process was fast
and efficient,
Diane was nice &
courteous.

She handled all my
questions quickly and
was very easy to talk to.
Very helpful & friendly.

Diane Paulsen
Manager

Diane Ortega
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Deidra Boyd
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Page 11

Volume 2009-Issue 3

DISCIPLINARY ACTIONS
Name
3-D Management & Investments
License Number SE011487000
Location
Tucson, Arizona
Summary
Failure to comply with terms of previous
Consent Order, failure to comply with
requests for documentation from Depart
ment staff.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(17), (A)(21),
(A)(22),
(A)(24), (B)(7), (B)(8), (B)(9), (B)(11).
Order Date
August 25, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.
Name
Charles B. Andes
License Number Unlicensed Individual
Location
Mesa, Arizona
Summary
Conveyed multiple platted parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01 (D), 32-2185.06; A.A.C. R4-28803, R4-23-804, R4-23-805
Order Date
August 20, 2009
Order Type
Consent Order
Order Terms
Voluntary C&D, $1,000 CP.
Name
Kyle Arena
License Number BR519993000
Location
Gilbert, Arizona
Summary
Failed to disclose, within 10 days, April
2009 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 31, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Arizona Sun Realty, Inc.
License Number CO578536000
Location
Tucson, Arizona
Summary
Multiple violations, failure to maintain
broker trust accounts with approximately
$156,875 owed to clients.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(9), (A)(15), (A)
(16), (A)(17), (A)(21), (A)(22), (B)(7), (B)
(8), (B)(10).
Order Date
August 11, 2009
Order Type
Summary Suspension

Dialog-The Periodic Bulletin of the Arizona Department of Real Estate

Name
Jerry Arnett
License Number BR013890000
Location
Prescott, Arizona
Summary
Failed to timely notify the Department
of multiple actions by other
jurisdictions.
Statutes/Rules A.R.S. §32-2153 (A)(3), (B)(11)
Order Date
August 10, 2009
Order Type
Consent Order
Order Terms
$2,500 CP, 90 day stayed
suspension of license, 2 yr PL, 6 hr
CE in Commissioner‘s Standards.
Name
Fred Arnett
License Number BR526031000
Location
Mesa, Arizona
Summary
Property Management violations,
failure
to supervise.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (A)(10), (A)
(21); 32-2173 (A)(1)(c)&(d)
Order Date
July 21, 2009
Order Type
Consent Order
Order Terms
2 yr PL, $1,000 CP, 6 hr CE in
Commissioner’s Standards
& 3 hr Broker Mgmt Clinic
Name
Brett Barendrick
License Number SA527819000
Location
Phoenix, Arizona
Summary
Failed to disclose, within 10 days,
October 2008 misdemeanor
conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C.
R4-28-301(F)
Order Date
July 13, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Dale Bidegain
License Number BR004366000
Location
Tucson, Arizona
Summary
Failed to exercise reasonable
supervision over salesperson.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (A)(6), (A)
(21)
Order Date
August 25, 2009
Order Type
Consent Order (ASA)
Continued page 12

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Page 12

Volume 2009-Issue 3

DISCIPLINARY ACTIONS
Continued from page 11

Name
Robert Blackmer
License Number BR543986000
Location
Phoenix, Arizona
Summary
Failed to disclose, within 10 days,
February 2007 trespassing
conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R428301 (F)
Order Date
August 31, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Guy N. Blaut
License Number Unlicensed Applicant
Location
Vernon, Arizona
Summary
April 2008 misdemeanor
conviction
for Assault and Disorderly
Conduct;
March 2009 Probation
Violation.
Statutes/Rules A.R.S. §32-2153 (B)(9), (B)(10)
Order Date
August 20, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL
Name
James Boad
License Number SA554890000
Location
Gilbert, Arizona
Summary
February 2009 felony conviction for
conspiracy to distribute and import
marijuana.
Statutes/Rules A.R.S. §32-2153 (A)(3), (B)(2), (B)
(7)
Order Date
August 13, 2009
Order Type
Commissioner's Final Order
Order Terms
Revocation of license.
Name
Geoffrey Brisbin
License Number BR107233000
Location
Phoenix, Arizona
Summary
Violated terms of previous Consent
Order; action taken by ROC against
Contractors license.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (A)(24),
(B)
(9)
Order Date
August 12, 2009
Order Type
Consent Order
Order Terms
$500 CP, 60 day stayed license
suspension, 2 yr PL, 12 hr CE in
Commissioner Standards.
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Name
Kent Burton
License Number SA566405000
Location
Mesa, Arizona
Summary
Multiple violations, conducted property
management activities without broker
authorization.
Statutes/Rules A.R.S. §32-2153 (A)(1), (A)(3), (A)(4), (A)(7),
(A)8), (A)(9), (A)(10), (A)(16), (B)(6), (B)(8),
(B)(10).
Order Date
August 11, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.
Name
Susan Buttars
License Number BR041324000
Location
Mesa, Arizona
Summary
Failure to maintain records, failure to
cooperate with Department investigation.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(17), (B)(11)
Order Date
May 15, 2009
Order Type
Commissioner's Final Order
Order Terms
Revocation of license.
Name
Katherine Calvet
License Number BR554245000
Location
Yuma, Arizona
Summary
Failed to exercise reasonable supervision
over salesperson.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (A)(6), (A)(21)
Order Date
July 16, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
John Cao
License Number SA526340000
Location
Mesa, Arizona
Summary
Failed to disclose, within 10 days,
September
2008 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 F)
Order Date
July 22, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP

Continued page 6

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Volume 2009-Issue 3

Continued from page 12

Disciplinary Action

Name
Val Chausovskiy
License Number SA559149000
Location
Tucson, Arizona
Summary
Failed to disclose, within 10 days,
March 2009 False Information conviction,
license denial.
Statutes/Rules A.R.S. §§32-2153 (B)(2), (B)(7)
Order Date
July 16, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/PM
Name
Tim D. Coker
License Number SA515229000
Location
Tempe, Arizona
Summary
Failed to disclose, within 10 days,
January 2009 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
( F)
Order Date
July 24, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Richard Collins
License Number BR006709000
Location
Flagstaff, Arizona
Summary
Conducted real estate activities without an
active license.
Statutes/Rules A.R.S. §§32-2153 (B)(6), 32-2163
Order Date
July 31, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Sean Cooke
License Number SA627784000
Location
Mesa, Arizona
Summary
Failed to disclose a July 2006 misdemeanor
conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3), (B)(1), (B)(3), (B)(7)
Order Date
August 3, 2009
Order Type
Consent Order
Order Terms
$600 CP, 2 yr PL w/BA, 3 hr CE in
Commissioner’s Standards
Name
Robert Curran, Jr.
License Number BR541628000
Location
Tucson, Arizona
Summary
Multiple violations, failure to maintain
broker trust accounts with approximately
$156,875 owed to clients.

Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(9), (A)(15),
(A)(16), (A)(17), (A)(21), (A)(22), (B)(7),
(B)(8), (B)(10).
Order Date
August 11, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.
Name
Donald R. Dempsey
License Number BR011487000
Location
Tucson, Arizona
Summary
Failure to comply with terms of previous
Consent Order, failure to comply with
requests for documentation from
Department staff.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(17), (A)(21),
(A)(22),
(A)(24), (B)(7), (B)(8), (B)(9), (B)(11).
Order Date
August 25, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.
Name
Desert Living Homes, Inc.
License Number Unlicensed Entity
Location
Tucson, Arizona
Summary
Divided and conveyed land parcels
without complying with applicable
subdivision statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01 (D), 32-2185.06; A.A.C. R4-28
803, R4-23-804,
R4-23-805
Order Date
August 27, 2009
Order Type
Consent Order
Order Terms
$2,000 CP
Name
Jimmie Duranti
License Number SA512455000
Location
Mesa, Arizona
Summary
Failed to disclose, within 10 days,
August 2008 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28301 (F)
Order Date
July 20, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP

Continued on page 7

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Page 14

Volume 2009-Issue 3

Continued from page 13

Disciplinary Action

Name
Eleava, LLC
License Number LC581949000
Location
Chandler, Arizona
Summary
Multiple violations, conducting property
management activities without broker
authorization by sole member of LLC.
Statutes/Rules A.R.S. §32-2153 (A)(1), (A)(3), (A)(4), (A)(7),
(A)8), (A)(9), (A)(10), (A)(16), (B)(6), (B)(8),
(B)(10).
Order Date
August 11, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of entity license.
License reinstated on August 24, 2009.
Name
Devin W. & Tammy L. Fenn
License Number Unlicensed Individuals
Location
Benson, Arizona
Summary
Divided and conveyed land parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01 (D), 32-2185.06; A.A.C. R4-28803, R4-23-804,R4-23-805
Order Date
August 5, 2009
Order Type
Consent Order
Order Terms
$10,000 Education Fund Grant; Provide
Affidavits of Disclosure to purchasers;
Compliance with county development
requirements.
Name
Aaron Garcia
License Number Unlicensed Applicant
Location
Laveen, Arizona
Summary
September 2004 conviction for Burglary,
January 2008 conviction for DUI, license
denial.
Statutes/Rules A.R.S. §§32-2153 (B)(2), (B)(7)
Order Date
July 9, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/PM
Name
Guadalupe Patricia Gaytan
License Number SA032948000
Location
Mesa, Arizona
Summary
May 2009 Felony conviction for Interstate
or Foreign Travel in Aid of Racketeering
Enterprises.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (B)(2), (B)(5), (B)
(7),(B)(10)

Dialog-The Periodic Bulletin of the Arizona Department of Real Estate

Order Date
Order Type
Order Terms

August 19, 2009
Consent Order
Revocation of license

Name
GK Biltmore, LLC
License Number Unlicensed Entity
Location
Phoenix, Arizona
Summary
Public Report violations.
Statutes/Rules A.R.S. §§32-2183 (D)(1), 32-2184 (A)
Order Date
August 11, 2009
Order Type
Consent Order
Order Terms
$1,000 CP
Name
Pamela Glasier
License Number SA577599000
Location
Mesa, Arizona
Summary
Failed to disclose, within 10 days,
October 2007 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
July 13, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Timothy Greene
License Number Unlicensed Applicant
Location
Queen Creek, Arizona
Summary
August 2001 felony conviction for
Unlawful Possession and Delivery of
Cannabis, license denial.
Statutes/Rules A.R.S. §§32-2153 (B)(2), (B)(7)
Order Date
July 15, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/BA
Name
Angela Grosz
License Number SA563988000
Location
Tucson, Arizona
Summary
Failed to disclose, within 10 days, March
2008 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 7, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Continued on page 15

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Page 15

Volume 2009-Issue 3

Disciplinary Actions
Continued from page 14

Name
Sally Harnett
License Number SA073774000
Location
Scottsdale, Arizona
Summary
Failed to disclose, within 10 days,
December 2007 deferred prosecution
agreement.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 21, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Mark E. Hickman
License Number SA625489000
Location
Glendale, Arizona
Summary
Failure to notify Department of
convictions. Failure to respond.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(24), (B)(1), (B)
(7),(B)(9), (B)(11).
Order Date
August 5, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.
Name
Cleve W. Higgins
License Number SA552225000
Location
Phoenix, Arizona
Summary
License previously suspended for multiple
convictions. Denial of license.
Statutes/Rules A.R.S. §32-2153 (A)(3), (B)(2), (B)(7)
Order Date
August 20, 2009
Order Type
Consent Order
Order Terms
Grant license, vacate previous Summary
Suspension, 2 yr PL w/BA
Name
Summer Hocking
License Number SA538907000
Location
Tucson, Arizona
Summary
Conducted real estate activities without
an active license.
Statutes/Rules A.R.S. §§32-2153 (B)(6), 32-2163
Order Date
August 25, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP

Name
Burt Hostrawser
License Number SA538146000
Location
Lake Havasu City, Arizona
Summary
Failure to timely disclose multiple
convictions for DUI and Issuing a Bad
Check, license denial.
Statutes/Rules A.R.S. §§32-2153 (A)(3); A.A.C. R4-28301 (F)
Order Date
July 6, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/BA, $600 CP, 3
hr CE in Commissioner’s Standards.
Name
Allen Husanyo
License Number SA516906000
Location
Scottsdale, Arizona
Summary
Failed to disclose, within 10 days,
March 2008
misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
July 10, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Iverson Investments, Inc.
License Number Unlicensed Entity
Location
Out of State
Summary
Conveyed multiple platted parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F)
Order Date
August 11, 2009
Order Type
Consent Order (ASA)
Order Terms
$2,000 CP; C&D, apply for and receive a
Subdivision Disclosure Report.
Name
Wesley Jock
License Number SA628911000
Location
Bullhead City, Arizona
Summary
Failed to disclose, within 10 days, March
2009 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 12, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Continued page 16

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Page 16

Volume 2009-Issue 3

Disciplinary Actions
Continued from page 15

Name
Lee Katterman
License Number SA529526000
Location
Tucson, Arizona
Summary
Conveyed multiple platted parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322164, 32-2153 (A)(3), 32-2153 (A)(22)
Order Date
July 15, 2009
Order Type
Consent Order
Order Terms
$2,000 CP, 9 hr of CE in Comm Standards.
Name
Konahuanui, LLC
License Number Unlicensed Entity
Location
Tucson, Arizona
Summary
Conveyed multiple platted parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F),
Order Date
July 15, 2009
Order Type
Consent Order
Order Terms
$2,000 CP.
Name
Bradley Kuiper
License Number SA584645000
Location
Scottsdale, Arizona
Summary
Failed to disclose, within 10 days, February
2008 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
July 27, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Michael Joseph Lichtie
License Number Unlicensed Individual
Location
Out of State
Summary
Failure to amend Subdivision Public Report
as required by previous Consent Order.
Statutes/Rules A.R.S. §§32-2153 (A)(25), (B)(9); 32-2183
(E).
Order Date
July 21, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of Subdivision
Disclosure Report.

Name
Suor V. Lim
License Number Unlicensed Individual
Location
Peoria, Arizona
Summary
Violation of previous Consent Order
terms, conveyed land parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §32-2181 (A)
Order Date
July 30, 2009
Order Type
Consent Order
Order Terms
C&D, $4,000 CP, $4,000 Education Fund
Grant
Name
Rebekah Liperote
License Number SA584723000
Location
Phoenix, Arizona
Summary
Failed to disclose, within 10 days,
February 2008 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 25, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Abner Love
License Number Unlicensed Applicant
Location
Tucson, Arizona
Summary
1981 Felony convictions for 2nd degree
murder, kidnapping and firearm
violations, denial of license.
Statutes/Rules A.R.S. §32-2153 (B)(2), (B)(7), (B)(10)
Order Date
August 4, 2009
Order Type
Commissioner's Final Order
Order Terms
Denial of license.
Name
Mark Macomber
License Number Unlicensed Applicant
Location
Glendale, Arizona
Summary
December 2005 misdemeanor conviction
for Shoplifting, June 2006 conviction for
Felony Criminal Trespass, denial of
license.
Statutes/Rules A.R.S. §32-2153 (B)(2), (B)(7), (B)(9)
Order Date
August 11, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/PM

Continued on page 17

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Page 17

Volume 2009-Issue 3

Disciplinary Actions
Continued from page 16

Name
Sheila McRae
License Number SA034877000
Location
Yuma, Arizona
Summary
Conducted real estate activities without an
active license.
Statutes/Rules A.R.S. §§32-2153 (B)(6), 32-2163
Order Date
July 17, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Kevin Moran
License Number SA628216000
Location
Tempe, Arizona
Summary
Conducted property management activities
without broker authorization.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(7), (A)(10), (A)
(16), (B)(6), (B)(8).
Order Date
August 10, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.
Name
Dennis E. & Terry J. Nolen
License Number Unlicensed Individuals
Location
Tucson, Arizona
Summary
Divided and conveyed land parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01 (D), 32-2185.06; A.A.C. R4-28803, R4-23-804, R4-23-805
Order Date
August 5, 2009
Order Type
Consent Order
Order Terms
$10,000 Education Fund Grant;
Name
Erin O'Connor
License Number SA548805000
Location
Scottsdale, Arizona
Summary
January 2008 conviction for Criminal
Trespass.
Statutes/Rules A.R.S. §32-2153 (A)(3), (A)(22), (B)(7), (B)
(8), (B)(10)
Order Date
July 7, 2009
Order Type
Consent Order
Order Terms
2 Yr PL w/PM, $1,000 CP

Name
Jan Onken
License Number BR101502000
Location
Tucson, Arizona
Summary
Failed to disclose, within 10 days,
August 2008
misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28301 (F)
Order Date
July 2, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Donald Palacio
License Number BR018480000
Location
Gilbert, Arizona
Summary
January 2009 misdemeanor conviction
for Assault.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (B)(7), (B)(10)
Order Date
July 21, 2009
Order Type
Consent Order
Order Terms
2 yr PL w/BA, 6 hr CE in
Commissioner’s Standards.
Name
Dan Peterson
License Number BR008088000
Location
Scottsdale, Arizona
Summary
Failed to disclose, within 10 days,
January 2008
misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28301 (F)
Order Date
July 22, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Neal Piggott
License Number SA580431000
Location
Lake Havasu City, Arizona
Summary
Failure to timely disclose January 2009
misdemeanor conviction, violation of
terms of previous Consent Order.
Statutes/Rules A.R.S. §32-2153 (A)(3), (B)(9)
Order Date
August 17, 2009
Order Type
Consent Order
Order Terms
2 yr PL w/BA, $600 CP, 6 hr CE in
Commissioner’s Standards.
Continued on page 18

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Page 18

Volume 2009-Issue 3

Disciplinary Actions
Continued from page 17

Name
Thyda Puth
License Number BR113353000
Location
Peoria, Arizona
Summary
Violation of previous Consent Order
t erms, conveyed land parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (A)(24), (B)(9);
32-2181 (A)
Order Date
July 30, 2009
Order Type
Consent Order
Order Terms
C&D, $4,000 CP, $4,000 Education Fund
Grant
Name
Puth Lim Family Ltd Partnership
License Number Unlicensed Entity
Location
Peoria, Arizona
Summary
Violation of previous Consent Order
terms, conveyed land parcels without
complying with applicable subdivision statutes
and rules.
Statutes/Rules A.R.S. §32-2181 (A)
Order Date
July 30, 2009
Order Type
Consent Order
Order Terms
C&D, $4,000 CP, $4,000 Education Fund
Grant
Name
William Rainey
License Number SA537333000
Location
Phoenix, Arizona
Summary
Failed to disclose, within 10 days, July 2008
misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301 (F)
Order Date
July 2, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
Renewal Education Corp.
License Number P-0323
Location
Phoenix, Arizona
Summary
Denial of education certificate for online
prelicensing courses.
Statutes/Rules None
Order Date
July 16, 2009
Order Type
Commissioner's Final Order
Order Terms
Education certificate granted.

Name
Keith Lynn Robison
License Number Unlicensed Applicant
Location
Scottsdale, Arizona
Summary
March 2005 conviction for Fraudulent
Receipt of
Compensation from HUD, license
denial.
Statutes/Rules A.R.S. §§32-2153 (B)(2), (B)(5), (B)(7),
(B)(10)
Order Date
August 10, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/PM
Name
Curt T. Rowe
License Number Unlicensed Applicant
Location
Queen Creek, Arizona
Summary
February 1989 convictions for Theft,
March 1994
conviction for Forgery, April 1998
conviction for Possession of Dangerous
Drugs, denial of license
Statutes/Rules A.R.S. §32-2153 (B)(2), (B)(7), (B)(10)
Order Date
August 5, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/PM, $5,000
Bond.
Name
Kenneth Russell
License Number Unlicensed Individual
Location
Mesa, Arizona
Summary
Divided and conveyed land parcels
without complying with applicable sub
division statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01 (D), 32-2185.06; A.A.C. R4-28
803, R4-23-804, R4-23-805
Order Date
August 17, 2009
Order Type
Consent Order
Order Terms
$1,000 CP
.

Continued page 19

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Page 19

Volume 2009-Issue 3

Disciplinary Actions
Continued from page 18

Name
Desiree Scherer
License Number BR041146000
Location
Scottsdale, Arizona
Summary
Failure to notify Department of
convictions. Denial of license.
Statutes/Rules A.R.S. §32-2153 (A)(3), A.A.C. R4-28301 (F)
Order Date
July 10, 2009
Order Type
Commissioner's Final Order
Order Terms
Grant license, 2 yr PL, $800 CP.
Name
Jesse Shetlar
License Number SA584371000
Location
Scottsdale, Arizona
Summary
Failed to disclose, within 10 days, June
2007 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28301 (F)
Order Date
July 30, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP
Name
James O. Sidow
License Number Unlicensed Individual
Location
Scottsdale, Arizona
Summary
Conducted property management
activities without an active license.
Statutes/Rules A.R.S. §32-2153 (B)(6)
Order Date
July 28, 2009
Order Type
Cease and Desist
Order Terms
Cease and Desist.
Name
Tiare Management Group, Incl.
License Number Unlicensed Entity
Location
Scottsdale, Arizona
Summary
Conducted property management
activities without an active license.
Statutes/Rules A.R.S. §32-2153 (B)(6)
Order Date
July 28, 2009
Order Type
Cease and Desist
Order Terms
Cease and Desist.
Name
Thoi Truong
License Number SA564122000
Location
Mesa, Arizona
Summary
Failed to disclose, within 10 days, April
2009 misdemeanor conviction.

Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 11, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Cordell & Joan M. Tomlin
License Number Unlicensed Individuals
Location
Out of State
Summary
Conveyed multiple platted parcels without
complying with applicable subdivision
statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01 (D), 32-2185.06; A.A.C. R4-28803, R4-23-804,R4-23-805
Order Date
August 22, 2009
Order Type
Consent Order
Order Terms
Voluntary C&D, $12,000 CP, Subdivision
Disclosure Report.
Name
Paul Udell
License Number SA515623000
Location
Glendale, Arizona
Summary
Failed to disclose, within 10 days,
October 2005 misdemeanor conviction,
license denial.
Statutes/Rules A.R.S. §§32-2153 (A)(3); A.A.C. R4-28301 (F)
Order Date
July 2, 2009
Order Type
Consent Order
Order Terms
Grant license, $600 CP, 6 hr CE in
Commissioner’s Standards.
Name
Donald E. & Debra A. Weber
License Number Unlicensed Individuals
Location
Eager, Arizona
Summary
Divided and conveyed land parcels
without complying with applicable
subdivision statutes and rules.
Statutes/Rules A.R.S. §§32-2181 (A), 32-2183 (F), 322185.01
(D), 32-2185.06; A.A.C. R4-28-803, R423-804,R4-23-805
Order Date
August 4, 2009
Order Type
Consent Order
Order Terms
$10,000 Education Fund Grant; Provide
Affidavits of Disclosure to purchasers;
Compliance with county development
requirements.
Continued on page 20

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Volume 2009-Issue 3

Disciplinary Actions
Continued from page 19

Real Estate Law Book
Still Available!

Name
Lisette Wells-Makovic
License Number SA515487000
Location
Tucson, Arizona
Summary
Failed to disclose, within 10 days, March
2009 misdemeanor conviction, license
denial.
Statutes/Rules A.R.S. §§32-2153 (A)(3), (B)(10)
Order Date
July 7, 2009
Order Type
Consent Order
Order Terms
Grant license, 2 yr PL w/BA
Name
Lance Weurding
License Number SA548206000
Location
Scottsdale, Arizona
Summary
Failed to disclose, within 10 days, March
2009 misdemeanor conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
August 11, 2009
Order Type
Consent Order (ASA)
Order Terms
$300 CP
Name
Terrance M. Zajac
License Number BR004616000
Location
Scottsdale, Arizona
Summary
October 2008 felony conviction for
Attempted Sexual Exploitation of a Minor.
Statutes/Rules A.R.S. §32-2153 (A)(3), (B)(2), (B)(7).
Order Date
July 8, 2009
Order Type
Summary Suspension
Order Terms
Summary Suspension of license.

The Department still has Real Estate Law
Books available. Copies can be purchased
either at the Department’s offices: 2910 N.
44th Street , Phoenix or 400 W. Congress,
#523 in Tucson. Cost is $15.00 per book
and $2.00 for shipping.
The money received from the sale of the law
books fund the department’s Education
Revolving Fund. This fund pays for education,
publications distributed to the industry and
the public and other Department education
activities.
The link to the order form is
http://www.azre.gov/LAW_BOOK/Forms/
Law_Book_Order_Form.pdf

Name
Beatrice Zueger
License Number SA035295000
Location
Valentine, Arizona
Summary
Failed to disclose, within 10 days, October
2008 conviction.
Statutes/Rules A.R.S. §32-2153 (A)(3); A.A.C. R4-28-301
(F)
Order Date
July 13, 2009
Order Type
Consent Order (ASA)
Order Terms
$600 CP

Dialog”-The Periodic Bulletin of the Arizona Department of Real Estate

Visit our website: www.azre.gov

Page 21

Volume 2009-Issue 3

COMMISSIONER’S ADVISORY NO. IV
GUIDANCE FOR USING ELECTRONI REAL ESTATE TRANSACTION MANAGEMENT PROGRAMS

Commissioner’s Advisory No. IV
Guidance for using Electronic Real Estate Transaction Management Programs
Released SEPTEMBER, 2009
Responsibilities of brokers who use electronic real estate transaction management systems.
Understanding there are several computer based transaction management systems (TM). This advisory provides guidance to brokers who are using or who intend to use transaction management systems.
Electronic Record Keeping
Transaction and employment records that must be maintained pursuant statute and that are maintained electronically, must be backed up (duplicated and stored in a secure, offsite location) in a
manner allowing restoration in the event the electronic data is destroyed.
Electronic records must be reproducible, at the broker’s expense, in legible, written form (“hard
copy”) upon request of the Commissioner, or the Commissioner’s representative, for auditing,
inspection, or investigation purposes.
The electronic records are exact duplicates of the original.
The electronically stored records are legible.
The Broker shall maintain each real estate purchase contract or lease agreement and the transaction
folder in which it is keep in a chronological log or other systematic manner that is easily accessible by the Commissioner or the Commissioner’s representatives.
6If the broker’s electronic records are not stored at the broker’s licensed business location, the broker must inform the Commissioner in writing of the legal address of the entity responsible for
storing such records. The entity storing the broker’s records may be required to show evidence of
meeting requirement (1) above.
All brokers utilizing an electronic record storage system solely (in lieu of hard copy document storage)
must sign a user agreement with the Arizona Department of Real Estate that allows access regularly.
Electronic Signature
The broker’s statutory review of contracts and agreements maintained on a TM system must be recorded through a dated secure electronic signature complying with ARS § 44-7031, and it can
be demonstrated that when the signature was made, the signature was:
Unique to the person using it;
Capable of verification;
Under the sole control of the person using it;
Linked to the electronic record it relates to in such a manner that if the record were changed
the electronic signature would be invalidated;
Electronic review of any document is permitted in lieu of actual initials on a document, providing that such electronic review is recorded in an unalterable history or log file.
The broker must enforce a written supervision policy requiring personal computer security that, at a
minimum, requires each person with electronic signature authority and capability to lock or sign
off his/her computer every time he/she walks away from the computer.
The broker must have a back-up system defining how and when contracts and agreements are reviewed when the computers are down for an extended time.
The TM system must have the ability to create a secure history log of all activity for electronic signatures or broker review which can be reviewed by Department auditors and investigators.

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Page 22

Volume 2009-Issue 3

ARE YOU IN COMPLILANCE? HAVE YOU UPLOADED YOUR CE CREDIT?

Arizona Department of Real Estate

SUBSTANTIVE POLICY STATEMENT

No. 2008.05

This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural
documents that only affect the internal procedures of the agency and does not impose additional requirements or
penalties on regulated parties or include confidential information or rules made in accordance with the Arizona
Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements
or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement.

Short Title: Continuing Education Requirements for Renewal of 4-Year License
Description of Practice/Procedure:
An agent or broker (licensee) who has a four-year license must receive 24 hours of continuing education credit (CE) in
the first 24 months of the license period and 24 hours of CE in the second 24 months of the license period in order
to be eligible for renewal. Each 24 hours of CE must fulfill the requirements established by rule.

2. Prior to the end of each 24-month period, licensees shall provide the following information to the Department:
a. The course name
b. The course number
The date the course was completed
Licensees shall utilize the Department’s online license system to provide this information.

4. As a courtesy, if a licensee has not reported this information, the Department will send a 90-, 60-, and 30-day email
notice to the licensee prior to the expiration of the first 24-month period and prior to the license expiration date. If
the licensee has an employing broker, the employing broker will also receive the 90-, 60-, and 30-day email notice.
If the licensee and/or employing broker do not have an email address in their online licensee ADRE account, the
licensee and/or employing broker will not receive these courtesy notices

5. If a licensee does not comply with and report the CE information via the online license system to the Department by
the end of the first 24 months, the licensee (and the employing broker, if applicable) will receive notice that CE
requirements are not met by the licensee and evidence of completion must be submitted as prescribed by the
commissioner. A licensee is not eligible to renew if the licensee is not compliant with continuing education
requirements. In addition, the Department may take disciplinary action against licensees for non-compliance with
the continuing education requirements.

6. The Department will consider that an employing broker has provided reasonable supervision of a licensee who is
not in compliance with the CE requirement if either of the following occur within 30 days after the licensee is out of
compliance:

a. The licensee attends the required CE and submits the required evidence of CE to the Department as prescribed by
the commissioner; or
The employing broker severs the licensee and reports the action to the Department.
Authority: A.R.S. §32-2130(A), A.R.S. §32-2153, A.R.S. §32-2160.01(A), R4-28-402
Policy Program: Licensing/ Education /Enforcement
Effective Date: Revised 07-21 09

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Page 23

Volume 2009-Issue 3

IMPORTANT INFORMATION REGARDING YOUR LICENSE

Based on a recent audit of the Licensing and Education Division Records, more than 1500 licensees have
failed to complete their education requirements for licensure. This notice is meant to inform Licensees
and Employing Brokers of the penalties that may be imposed if education requirements for licensure, the
submittal of twenty-four credit hours of ADRE-approved continuing education courses every two years, is
not completed to remain in good standing. Please review the information that is provided in the bulletin to
avoid further disciplinary action:
****IMPORTANT INFORMATION REGARDING YOUR LICENSE****
RE: Failure to Complete Continuing Education (CE) Requirements (Licensee’s Name & License No.)
Dear Sir or Madam,
This is a notification that you have failed to comply and complete your education requirements for licensure
as required by A.R.S. §32-2130 (A) and A.A.C. R4-28-402 (A). Each licensee must complete twenty-four credit
hours of ADRE-approved continuing education (CE) courses every two years to remain in good standing. As of
8/31/2009, you lacked sufficient continuing education credit hours; therefore you are being warned you are
in violation of Arizona Department of Real Estate Statutes and Rules.
If you are an Employing Broker receiving this notice, you have overall responsibility for supervision and
control over the licensing renewal of your employed licensees and also may be out of compliance. Both the
Licensee and the Employing Broker have been sent courtesy 90 day, 60 day and 30 day reminders of the
pending requirement to their email address on file with the Department. Please be aware that this letter is
intended to advise and inform you of the applicable statutes and the need for you to remedy the situation
immediately.
What are your options:
Option 1 – Upload your CE credits using our on-line licensing system at www.azre.gov; then renew your
license.
Option 2 – Put your license inactive with ADRE using our on-line licensing system
Option 3 – Do nothing and be in non-compliance with ADRE who may Summarily Suspend your license.
If you are no longer actively licensed as defined by A.R.S. §32-2101 (26) and further described in A.A.C. R428-303, you will be required to meet all continuing education requirements prior to reactivation of your
license.
Failure to comply within thirty (30) days of this notice will result in further disciplinary action and penalty.
The Department will consider this letter and the underlying facts related to it in such a situation.
Visit the Arizona Department of Real Estate website at www.azre.gov for instructions for Education
Compliance. When your Education Compliance has been documented, immediately send confirmation to
ceconfirmation@azre.gov. If you have already complied with the CE requirements, please disregard this
letter.

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Arizona Department of Real Estate

Main Office:
2910 North 44th St., 1st
Floor
Phoenix, Arizona 85018
Phone: 602.771-7700
Southern Arizona Office:
400 W. Congress, Suite 523
Tucson, Arizona 85701
Phone 520.628.6940
Fax 520.628.6941

www.azre.gov

DIALOG

Volume 2009--Issue 3

The Periodic bulletin from the
Arizona Department of Real Estate
An official publication of the State of Arizona

JANICE K. BREWER
Governor
Judy Lowe
Commissioner

Mary C. Utley
Assistant Commissioner
Business Services, Communication & Legislative
Liaison
Real Estate Advisory Board
Frank Dickens, Chair
Kathy Howe, Vice-Chair
Charles Bowles
Bruce Mosley
Thomas J. Pancrazi
Patti Shaw
Lisa Suarez
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 check for $20 payable to ADRE and note your request on
your envelope.

© 2009 ARIZONA DEPARTMENT OF REAL ESTATE.
DIALOG, THE PERIDIC BULLETIN, OR “DIALOG,” IS SCHEDULED TO BE
PUBLISHED 6 TIMES A YEAR AND IS AVAILABLE FROM THE WEB SITE ABOVE.
FIRST-CLASS MAIL SUBSCRIPTIONS ARE AVAILABLE FOR $20 PER YEAR.
ARTICLES REPRINTED FROM OTHER PUBLICATIONS DO NOT NECESSARILY
REFLECT THE POLICIES OR INTERPRETATIONS OF LAW BY THE ARIZONA
DEPARTMENT OF REAL ESTATE.