77 Pa. Commw. 642 | Pa. Commw. Ct. | 1983
Opinion by
Richard M. Pastorius (Petitioner) appeals from the State Real Estate Commission’s (Commission) adjudication and order revoking his real estate broker’s licensing for violating myriad provisions of the Real Estate Brokers License Act (1929 Act) and the Real Estate Licensing and Registration Act (1980 Act).
The Commission’s uncontroverted factual findings establish that in September 1978 Petitioner received a $500 earnest deposit check from a prospective purchaser. The down payment check, to be held in escrow pending consummation of a real estate transaction, was deposited in Petitioner’s personal, rather than in a separate trust, account. Soon thereafter, the deal terminated, and, despite payor’s repeated demands
On March 26, 1981, the Commission issued Petitioner a citation and notice of hearing to show cause why his real estate license should not be suspended or revoked for numerous violations of the 1929 and 1980 Acts.
The sole issue properly raised
[a]n abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill will, as shown by the evidence of record, discretion is abused.
Id. at 630-31, 447 A.2d at 1107. (Quoting from Mielcuszny v. Rosol, 317 Pa. 91, 93-84, 176 A. 236, 237 (1934)). While this Court is required to correct abuses of discretion in the manner or degree of penalties imposed, Mishkin v. State Real Estate Commission, 27 Pa. Commonwealth Ct. 17, 20, 365 A.2d 704, 706 (1976), we will not, absent a manifestly unreasonable exercise of judgment, substitute our discretion for that of the Commission, an administrative body endowed with expertise in matters subject to its juris
After carefully studying the record we find no impropriety in the penalty imposed sub judice. Accordingly, we affirm the adjudication and order of the Commission.
Order
And Now, this 20th day of October, 1983, the order of the State Real Estate Commission in the above-captioned matter is affirmed.
The 1929 Act, Act of May 1, 1929, P.L. 1216, as amended, 63 P.S. §§431-448 was repealed, effective February 19, 1980, by Section 901 of the 1980 Act, Act of February 19, 1980, P.L. 15, as amended, 63 P.S. §455.901. A similar Act is now found in Sections 201-902 of the 1980 Act, 63 P.S. §§455.201-455.902.
Petitioner was cited under the provisions of both the now repealed 1929 Act and the 1980 Act inasmuch as certain violations antedated February 19, 1980, the effective date of the 1980 Act. Section 901(3) of the 1980 Act, 63 P.S. §455.901(3), requires that offenses alleged to have occurred prior to February 19, 1980, be processed under the 1929 Act.
Petitioner, was cited for, and was eventually found guilty of violating the following provisions of the 1929 Act: Section 10(a) (5), (7), (11) (i), (iii), (iv) and(v), 63 P.S. §440(a)(5), (7), (11) (i), (iii), (iv) and (v).
The cited 1980 Act violations, for which Petitioner was eventually held to be responsible, are as follows: Section 604(5) (i), (iii), (iv) , (v), (15), (17) and (20), 63 P.S. §455.604(5) (i), (iii), (iv), (v) , (15), (17) and (20).
Arguing further that the colloquy wherein he waived his right to counsel was inadequate, Petitioner seeks a remand. Petitioner, however, did not raise this issue in the “statement of questions involved” portion of his brief and thus the issue is waived. See, Pa. R,A.P, 2116(a).