263 A.2d 634 | D.C. | 1970
Petitioner, a licensed, real estate broker, was charged by the Real Estate Commission of the District of Columbia with failing to account for or remit money of another in his possession within a reasonable time, D. C.Code 1967, § 45-1408 (g), and demonstrating unworthiness or incompetency to act as a real estate broker, D.C.Code 1967, § 45-1408 (h).
Petitioner contends that Section 45-1408(h) is void for vagueness, an argument that was considered and rejected in Greene v. Real Estate Commission, D.C.App., 218 A.2d 508, 512 (1966). Petitioner refers us to Ricks v. District of Columbia, 134 U.S.App.D.C. 201, 414 F.2d 1097 (1968), decided after Greene, but we find nothing in that holding which would seem' specifically applicable to a hearing before an administrative agency and requiring an overruling of Greene.
Petitioner also questions the sufficency of the evidence produced at the hearing to sup
The Commission could properly conclude upon its findings
Affirmed.
. The applicable statute, Section 45-1408, provides in pertinent part:
The Commission * * * shall have the power to suspend * * * any license * * * where the licensee, in performing or attempting to perform any of the acts mentioned herein, has—
* * * ‡ 5}S
(h) Demonstrated such unworthiness or incompetency to act as a real-estate broker * * * as to endanger the interests of the public;
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. The suspension of a broker’s license solely under Section 45-1408 (h) has been upheld. Brown v. Winston, 91 U.S.App.D.C. 58, 197 F.2d 601 (1952).
. The other broker, Joseph Jackson, was a co-defendant in this proceeding and was charged with and found guilty of both failing to return within a reasonable time money in his possession belonging to someone else and of unworthy and incompetent conduct as a broker.
. We do not consider certain evidence in the record, but not mentioned in the Commission’s findings, which Corporation Counsel argues to us constitutes additional support for the Commission’s conclusion. “[T]he integrity of the administration process requires that ‘courts may not accept appellate counsel’s post hoc rationalizations for agency action’ ”. NLRB v. Metropolitan Life Ins. Co., 380 U.S. 438, 444, 85 S.Ct. 1081, 1064, 13 L.Ed.2d 951 (1965); accord, NLRB v. Groendyke Transp., Inc., 372 F.2d 137, 141 (10th Cir.), cert. denied, 387 U.S. 932, 87 S.Ct. 2054, 18 L.Ed.2d 993 (1967); NLRB v. Capital Transit Co., 95 U.S.App.D.C. 310, 312-313, 221 F.2d 864, 866-867 (1955).