BFI Transcript 1

COMMONWEALTH OF VIRGINIA, ex rel . vs . SECURITY TRUST MORTGAGE, LLC
Proceedings on 09/11/2013 Page 36
1 HEARING EXAMINER : All right .
2 MR . BALDWIN : Your Honor, I can speak to
3 that . The status of the doctrine -- of estoppel
4 doctrine as an administrative law in Virginia is
5 still slightly unsettled, but I don't think we need
6 to address the extent to which those doctrines are
7 co-terminus with the decisions in the circuit courts
8 or the general district courts .
9 For there to be collateral estoppel, there
10 has to be the same factual issue in play . And the
11 circumstances of Mr . McDonald as affects this
12 application are not the same as those as affected
13 his last application . They are close in time . And,
14 yes, it is absolutely true that there has been a
is
final decision with respect to his prior
16 application, but this is a new application and a new
17 time in question . And therefore, we don't have an
18 identical set of issues -- the issues ultimately are
19 the same, that is, do you meet the requirements for
20 licensure .
21 But the facts are not the same because the
22 circumstances in November of 2012 and thereafter are
23 not the same as the circumstances that appertain to
24 his 2011 application . And, so, we don't have the
25 same set of facts .
Huseby, Inc .
www.huseby.com
4860 Cox Road, Suite 200, Glen Allen, VA 23060 (804) 755-4200
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