54 Pa. Commw. 182 | Pa. Commw. Ct. | 1980
Opinion by
These are the appeals of Northeast Dodge Co., Inc. and Wesley M. Johnson from an order of the State Board of Motor Vehicle Manufacturers, Dealers and Salesmen (Board) suspending Northeast’s dealer’s license and Johnson’s motor vehicle salesman’s license, each for 60 days. Johnson is president of Northeast. In addition to Johnson four other Northeast officers or employees were charged by the Board with offenses in connection with car sales at the Northeast agency. The charges against three of these persons were dismissed after hearing and no appeal was taken by the fourth from a 60 day suspension of his salesman’s license.
In a lengthy and detailed citation the appellants were charged with making substantial misrepresentations and false promises to customers, with knowingly failing or refusing to account for or to pay over moneys or other valuables belonging to others and with doing things which demonstrated incompetency, in violation of Subsections 4(2) (i) (ii) (iv) and (vi) of the Motor Vehicle Manufacturers’, Dealers’ and Salesmen’s License Act, Act of December 21,1973, P.L. 408, 63 P.S. §805(2) (i), (ii), (iv), and (vi). Avoiding the great detail of the charges, we record that their substance is that Northeast and its named employees represented to named customers that Northeast could and would obtain financing for purchasers of cars which in fact it could not and did not do, that it took customers’ cars in trade and sold or traded them before financing arrangements were completed so that they could not be restored when the deals fell through and that it used so-called installment contracts in which there was but one installment provided, this for the full purchase price of the vehicle being purchased.
After five days of hearings the Board handed down an adjudication with extensive findings of fact con
The appellants more urgently press three questions concerning the conduct of the hearings below. None has merit.
They first say that there was an impermissible intermingling of prosecutorial and adjudicatory functions, first because the citation listing the charges and fixing the time for hearing was sent out over the sig
Nor is there anything in the record indicating improper commingling of their functions on the part of the two Assistant Attorney Generals, one who tried the case and the other who assisted the Board during the hearings. Neither is disclosed as having concerned himself with the other’s activities. The case in this aspect is ruled by Pennsylvania Human Relations Commission v. Thorp, Reed and Armstrong, 25 Pa. Commonwealth Ct. 295, 361 A.2d 497 (1976), where we found no violation of due process in one person’s handling the prosecutory and another from the same branch of an agency, the adjudicatory function.
The appellants also complain that each of the ten members of the Board did not attend each of the five hearings conducted in this matter. Eight of the ten members were present at the first hearing, all ten attended the next three hearings and seven attended the last — a remarkably good record of attendance. In any event, it is not required that every member of the Board be present at every hearing. A majority of the Board, the quorum required by law
Order affirmed.
Order
And Now, this 6th day of October, 1980, the order of the State Board of Motor Vehicle Manufacturers, Dealers & Salesmen, made June 28, 1979, is affirmed.
Order
Now, November 10, 1980, having considered petitioners’ application for reargument and respondent’s answer thereto, said application is hereby denied.
Section 1905(b) of the Statutory Construction Act of 1972, 1 Pa. C. S. §1905(b).