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ROBERTS v. STATE

No. 1 CA-CV 92-0453.

179 Ariz. 613 (1994)

880 P.2d 1159

Morton L. ROBERTS, Plaintiff-Appellee, v. The STATE of Arizona, the Arizona State Banking Department, William H. Rivour, III, Superintendent of Banks; Harold E. Sweeney, Deputy Superintendent of Banks; and David M. Talamante, Hearing Officer, Arizona State Banking Department, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

September 8, 1994.

Attorney(s) appearing for the Case

Lalliss, Trompeter, Tanner & Hulse by Wallace O. Tanner, Phoenix, and Gibson, Matheson, Weber, & Lalliss by Keith R. Lalliss, Mesa, for plaintiff-appellee.

Grant Woods, Atty. Gen. by H. Leslie Hall, Chief Counsel, Consumer Protection and Antitrust Section, and Felecia A. Rotellini, Asst. Atty. Gen., Phoenix, for defendants-appellants.

OPINION

KLEINSCHMIDT, Judge.

In this case, we hold that the Arizona Superintendent of Banks has the authority to order a person to repay loan fees earned on transactions which were unauthorized because the person was not a licensed mortgage broker. The case arose as follows.

In 1989, the Superintendent ordered an examination of the affairs of Old Phoenix National Mortgage Company, Inc., to determine whether it was in compliance with the statutes regulating...

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