Appeal 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. 21875, Issued March 9, 1966 to Michael Grasso, Jr., Case No. 2126.
Leon H. Kline, for appellant.
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, Jr.
[ 14 Pa. Commw. Page 198]
This is an appeal from an Adjudication and Order of the Pennsylvania State Real Estate Commission (Commission), dated June 18, 1973, revoking the real estate broker's license of Michael Grasso, Jr. (Grasso).
Pursuant to citation and notice, the Commission held a hearing on February 22, 1973, at which it was established that on June 28, 1972, Grasso had pleaded guilty in the United States District Court for the Eastern District of Pennsylvania to one count of the crime of ". . . submission of false statement, aiding and abetting . . ." in violation of sections 1010 and 2 of Title 18, U.S.C.
Based on this and other evidence introduced at the hearing, the Commission determined that Grasso's guilty plea to the above-named offense put him in violation of Sections 10(a)(4) and 11(b) of the Real Estate Brokers' License Act of 1929, Act of May 1, 1929, P.L. 1216, as amended, 63 P.S. § 440(a)(4) and § 441(b), and ordered that his real estate broker's license be revoked.
From this Adjudication and Order, Grasso has appealed to us.
Before we get to the merits, we think it important to remind ourselves of our scope of review. An order of the State Real Estate Commission which revokes a broker's license will be affirmed when it is 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).
Grasso argues that the Commission erred as a matter of law in concluding that he was in violation of Sections 10(a)(4) and 11(b) of the Real Estate Brokers License Act of 1929. In examining this contention, we analyze each section separately.
[ 14 Pa. Commw. Page 199]
Section 10(a)(4) provides: "(a) The commission may, upon its own motion, and shall, promptly, upon verified complaint in writing of any person setting forth specifically the wrongful act or acts complained of, investigate any action or business transaction of any licensed real estate broker or real estate salesman; and shall have the power temporarily to suspend or permanently to revoke licenses theretofore issued by the department, under the provision of this act, ...