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JAMES M. BEGIS v. INDUSTRIAL BOARD DEPARTMENT LABOR AND INDUSTRY (08/16/73)

decided: August 16, 1973.

JAMES M. BEGIS, APPELLANT,
v.
INDUSTRIAL BOARD OF THE DEPARTMENT OF LABOR AND INDUSTRY, APPELLEE



Appeal from the Order of the Industrial Board of the Department of Labor and Industry, in case of Industrial Board, Department of Labor and Industry, v. James M. Begis, Elevator Inspector, Certificate 1483, Card 103.

COUNSEL

Frank A. Collins, with him Collins and Collins, for appellant.

Barbara J. Bethune, Assistant Attorney General, with her Charles S. Solit, General Counsel, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt.

Author: Blatt

[ 9 Pa. Commw. Page 559]

James M. Begis was a certified elevator inspector employed by the Commonwealth when a letter, dated August 2, 1972, was mailed to him from the Industrial Board of the Department of Labor and Industry (Board). This letter read in pertinent part as follows:

"If you are desirous of retaining your certificate of competency as an elevator inspector in the Commonwealth of Pennsylvania, you are hereby instructed to appear before the Industrial Board at a meeting scheduled

[ 9 Pa. Commw. Page 560]

    for Wednesday, August 23, 1972 at 10:15 A.M. This meeting will be held in Room 1408 of the Labor and Industry Building, Seventh and Forster Streets, Harrisburg, Pennsylvania.

"Failure to appear before the Industrial Board at this meeting will necessitate the revocation of your elevator credentials and license.

"Kindly advise."

Begis appeared before the Board as instructed and was told that he was being charged with having made or approved improper inspections. He appeared without counsel, and at no time attempted to exercise or was given notice of, his right of cross-examination.

On August 24, 1972 another letter was sent to Begis from the Board informing him that his commission as an elevator inspector was being revoked. This letter contained no findings of fact nor conclusions of law, and actually gave no indication whatsoever as to the reason for the Board's action. Thereafter Begis, now represented by counsel, requested that the Board reconsider its action, and, when ...


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