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CHARLES METH v. COMMONWEALTH PENNSYLVANIA (06/20/74)

decided: June 20, 1974.

CHARLES METH, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION, APPELLEE. RALPH MYERS, APPELLANT, V. COMMONWEALTH OF PENNSYLVANIA, STATE REAL ESTATE COMMISSION, APPELLEE



Appeals from the Order of the State Real Estate Commission in case of In the Matter of the Suspension or Revocation of the License to Practice as a Real Estate Broker, No. 11574 issued August 2, 1948, to Charles Meth, and No. 16515 issued May 4, 1956, to Ralph Myers, Case No. 2128.

COUNSEL

Carmen P. Belefonte, with him Garland D. Cherry, for appellants.

Gerald Gornish, Deputy Attorney General, with him Israel Packel, Attorney General, for appellee.

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

Author: Crumlish

[ 14 Pa. Commw. Page 204]

This is an appeal from an Adjudication and Order of the Pennsylvania State Real Estate Commission

[ 14 Pa. Commw. Page 205]

(Commission) revoking the real estate broker's licenses of Charles Meth and Ralph Myers (Appellants).

On September 14, 1972, the Appellants entered pleas of nolo contendere to three counts of submitting a false statement*fn1 in violation of Title 18 U.S.C. § 1001 and § 2 in the United States District Court for the Eastern District of Pennsylvania.

In light of these events, the Commission issued a citation and notice of hearing to Appellants pursuant to Section (b) of the Real Estate Brokers License Act of 1929, Act of May 1, 1929, P.L. 1216, as amended, 63 P.S. § 440(b). After hearings on December 6, 1972, and February 22, 1973, the Commission concluded that Appellants' nolo contendere pleas in federal court put them in violation of Section 10(a)(4) and 11(b) of the Act and consequently their respective real estate brokers licenses must be revoked.

Appellants carry this determination to this Court.

An order of the State Real Estate Commission revoking a broker's license will be affirmed by the Commonwealth Court when supported by substantial evidence and where the Commission has not committed an error of law or abused its discretion in the imposition of the penalty. Yingling v. State Real Estate Commission, 8 Pa. Commonwealth Ct. 556, 304 A.2d 524 (1973).

Our discussion of the application and construction of Section 10(a)(4) of the Act in Michael Grasso v. State Real Estate Commission, 14 Pa. Commonwealth Ct. 196, 320 A.2d 912 (1974) makes it apparent that Appellants have ...


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