Opinion
Argued November 4, 1971
December 9, 1971.
Real estate brokers — Appeal from revocation of license — Remand to State Real Estate Commission — Substitution of suspension for revocation on remand — Necessity for new hearing — Correct factual determination by Commission but wrong penalty after first hearing.
The effect of the PER CURIAM OPINION and ORDER in the present case is as follows:
1. Where, on appeal from the revocation of a Real Estate Broker's license, the Commonwealth Court of Pennsylvania determined that although the State Real Estate Commission had correctly determined that appellant had violated the Real Estate Brokers License Act, Act 1929, May 1, P. L. 1216, but had assessed an impermissible penalty and, therefore, the court remanded the record for further proceedings, the Commission was not required to hold a new hearing but could assess an appropriate penalty, such as license suspension, based upon the record as it appeared on remand.
Argued November 4, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. Judge MANDERINO did not participate in the decision.
Appeal, No. 565 C.D. 1971, from the Order of the State Real Estate Commission, in case of State Real Estate Commission v. Alfred D. Meitner.
Real estate license suspended by State Real Estate Commission. Licensee appealed to the Commonwealth Court of Pennsylvania. Remanded for further proceedings, I Pa. Commonwealth Ct. 426 (1971). Rehearing by State Real Estate Commission. License suspended. Licensee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Laurence C. Rutenberg, with him Ronald N. Rutenberg and Rutenberg, Rutenberg, Rutenberg and Rutenberg, for appellant.
Gerald Gornish, Deputy Attorney General, with him J. Shane Creamer, Attorney General, for appellee.
ORDER
AND NOW, this 9th day of December, 1971, after argument, the order of the State Real Estate Commission dated June 22, 1971, is hereby affirmed.