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26. Interim Order Suspending License Pending Completion of Hearing

158 DOS 92 Matter of Miles - interim suspension order - respondent licensee sought adjournment due to medical condition

291 DOS 05 DOS v. James - DOS fails its burden of proof; hearsay; interim order suspending license pending completion of hearing; rejection of entire testimony; continuance; request of respondent/salesperson for continuance to obtain legal counsel after testimony of her representative broker granted; entire testimony of representative broker rejected where both counsel for respondent/salesperson and counsel for DOS subpoenaed broker to appear for cross examination and broker failed to appear; representative broker, as complaining consumer, charges salesperson with receiving and retaining a brokerage fee from a person other than the representative broker; hearsay testimony of DOS investigator is considered unreliable where it is based upon stricken testimony of broker and statements made to the investigator by the buyer who did not testify; DOS fails to prove by substantial evidence the allegations of the complaint; complaint dismissed and prior order suspending salesperson’s license pending a determination of the State’s complaint is vacated

____ DOS ___ DOS v. Coldwell Banker John Liberty Real Estate - interests of justice; interim order suspending license pending completion of hearing; broker appeared at hearing without his attorney who faxed the Tribunal on the day of the hearing that he could not be present because of a commitment in bankruptcy court; Tribunal could not rule upon request for adjournment in the absence of DOS counsel; interim suspension ordered in the interest of justice where broker sued seller and purchaser for commission and punitive damages and has not discontinued said lawsuit in contravention of prior Consent Order wherein broker agreed to waive any claim and/or right to commission or punitive damages against the seller and purchaser; broker’s license suspended pending hearing and determination of the matter

___ DOS ___ DOS v. Dominquez – interim order suspending license pending completion of hearing; notary public; during proceedings, evidence supporting charges against broker of substantial misconduct was presented; broker failed to execute an agreed upon consent order settling the matter; broker’s license and notary public registration suspended pending the completion of the hearing as there is an unreasonable risk to the welfare of the general public which warrants emergency action.

___ DOS _____ DOS v. Graney- suspension; re-opening; interim order suspending license pending completion of hearing; salesperson failed to appear at hearing; at default hearing, evidence was entered showing that salesperson wrongfully used stationary belonging to her former broker, thereby wrongfully holding herself out as still being associated with that broker, wrongfully retained money received from a client, and wrongfully failed to pay judgment; matter re-opened upon salesperson’s request; salesperson further requested adjournment for health reasons without indicating when she would be available for a hearing; salesperson’s license suspended pending hearing and determination as emergency action

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