1 Mass. App. Ct. 536 | Mass. App. Ct. | 1973
This is an appeal (G. L. c. 30A, § 15; G. L. c. 211A, § 10 [b]) by the Commissioner of Public Safety (commissioner)
The written notice by which proceedings were initiated by the commissioner advised the plaintiff that a hearing would be held “on your license as Private Detective, because of your violation of Chapter 147, Section 28, as a result of... [a complaint] received from ... [named individuals] , in that you filed false reports on hours worked and failed to give your employer a full report of work performed.” At the very outset of the hearing it became apparent from statements made and questions put by the lieutenant-detective of the State police who had investigated the complaint in question that both he and the commissioner were interested in determining whether the plaintiff had sent a former employer (named in the notice of hearing) a bill for detective services which misrepresented the number of hours of work performed by the plaintiff and his employees in the employer’s behalf. There was substantial evidence which warranted findings that the plaintiff and his employer had agreed that the amount of the plaintiff’s compensation would be determined primarily by the amount of time which should be spent by the plaintiff and his employees in performing services requested by the employer, and that the employer had paid approximately half the plaintiffs bill before making complaint to the commissioner. The plaintiff denied any wrongdoing in the respect suggested by the questioning, and both he and his counsel offered to produce records of the plaintiff which, they represented, were not present at the hearing but would identify the individuals who had worked with and for the plaintiff in the employer’s behalf and would substantiate the number of hours worked by each person.
The hearing was subsequently reopened by the commissioner pursuant to a written notice to the plaintiff which was similar in all material respects to the one already described. The commissioner made it clear from his open
The commissioner’s decision on the matter of the renewal of the plaintiffs license
We deem it unnecessary to decide the particular question entertained by the Superior Court. Despite the somewhat narrow scope of the notices of hearing given to the plaintiff (as to which see Sullivan v. Municipal Court of the Roxbury Dist. 322 Mass. 566, 577-578 [1948], and cases cited), it is clear from the record in this case that the central question thoroughly litigated before the commissioner
General Laws c. 147, § 25 (as most recently amended by St. 1970, c. 43) provides that a license to conduct business as a private detective shall be for one year and that “[t]he
In light of such provisions we have no hesitation in concluding that a private detective who knowingly demands or receives compensation by or as the result of sending a bill to his employer which contains false representations as to the nature or total amount of work performed by himself or his employees displays an essential dishonesty which is sufficient legal cause for the commissioner’s revoking his license or refusing to renew it. Compare Dugdale v. Board of Registration in Medicine, 270 Mass. 65, 68-69 (1930). See In re Berardi, 23 N. J. 485, 491-495 (1957). It follows that the record in this case discloses no
The final decree of the Superior Court is reversed, and a new final decree is to be entered affirming the decision of the commissioner.
So ordered.
The word “commissioner” as used in this opinion refers to an acting (or deputy) commissioner and to a commissioner, successively and interchangeably. Nothing turns on the identity of any particular individual who exercised the powers of the commissioner. See G. L. c, 22, §§ 1 and 5 (the latter as most recently amended by St. 1956, c. 713).
The plaintiff did not produce any records of the type which he and his counsel had earlier represented were available and would be produced for inspection by the commissioner.
The parties appear to have proceeded on the assumption, as do we, that a license granted to the plaintiff at an earlier date continued in effect while the described proceedings were pending. See the second paragraph of G. L. c. 30A, § 13, as most recently amended by St. 1962, c. 179.
The critical portion of the commissioner’s letter reads as follows:
“Your failure to substantiate your record of payment to... [named employees of the plaintiff!, and your failure to bring your payroll records with you and your*539 statement that you have no records... affords me reason to believe that you falsified your records as to hours of employment of your employees and used said records as a basis for computing your bill ($4,318.05 ...) to ... [named employer] for services rendered.
“Such falsification of records is violative of Section 28, Chapter 147, (General Laws) as a unilateral act on your part and not that of your employees, and Section 26 of said Chapter that a bond required to be posted is... ‘conditional upon the honest conduct of the business of the licensee ...’ notwithstanding the above violations, based upon the evidence and issues presented, I do not choose to exercise my right of discretion to grant or renew your license under Sections 23, and/or25 (Chapter 147 Supra).”
Without objection by the plaintiff. See Miami Grove, Inc. v. Licensing Bd. of Boston, 312 Mass. 318, 323-324 (1942); Conley v. Director of Div. of Employment Security, 340 Mass. 315, 319-320 (1960). Cf. Higgins v. License Commrs. of Quincy, 308 Mass. 142, 145-148 (1941); Becker Transp. Co. Inc. v. Department of Pub. Util. 314 Mass. 522, 526-527 (1943).
The bill in equity in this matter did not raise (see G.L.c. 30A, § 14[2] and [8]), nor has the plaintiff argued (Rule 1:13 of the Appeals Court; Lolos v. Berlin, 338 Mass. 10,13-14 [1958]), any question with respect to the commissioner’s having taken notice of untried criminal complaints (or indictments) against the plaintiff under G.L.c. 266, § 33, and c. 274, § 6.