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Saleson v. Department of Reg. & Education

APRIL 22, 1968.

JAMES S. SALESON AND J. PALMER REALTY, INC., PLAINTIFFS-APPELLANTS IN EACH OF THE CAUSES,

v.

DEPARTMENT OF REGISTRATION AND EDUCATION OF THE STATE OF ILLINOIS, AN ADMINISTRATIVE AGENCY, JOHN C. WATSON, DIRECTOR OF SAID DEPARTMENT, AND OSCAR C. BROWN, ET AL., MEMBERS OF THE REAL ESTATE EXAMINING COMMITTEE THEREOF, DEFENDANTS-APPELLEES IN EACH OF THE CAUSES, BERTHA HAUG AND FRED A. HAUG, APPELLEES IN GEN. NO. 52,315, SAMUEL L. EVINS, APPELLEE IN GEN. NO. 52,316, MARGARET SANCHEZ, APPELLEE IN GEN. NO. 52,317.



Appeals from the Circuit Court of Cook County; the Hon. CHARLES S. DOUGHERTY, Judge, presiding. Appeals Nos. 52,315, 52,316, 52,317 — judgments of the Circuit Court of Cook County affirmed.

MR. JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.

Rehearing denied June 12, 1968.

In three separate administrative decisions, the Department of Registration and Education of the State of Illinois revoked the real estate broker's certificate of plaintiff, James S. Saleson, who does business under the name of J. Palmer Realty Associates, Inc. Plaintiff filed separate appeals from Circuit Court orders which affirmed each decision of revocation. The appeals (Nos. 52,315-16-17) are consolidated in one opinion for convenience and clarity. The facts in each appeal are set forth separately.

No. 52,315

In this action the report of the "findings and recommendation" of the Real Estate Examining Committee included the following:

"Hearing on the charges herein was held at the Chicago office of the Department on February 17, 1965. The Respondent was present in person and represented by Mr. Louis Jaffie and Mr. Abraham Rottenberg. The relator was present in person. Mr. Frank J. Gagen, Jr., was present on behalf of the Department.

"After due consideration of all of the evidence adduced at the said hearing the undersigned Real Estate Examining Committee, finds as follows:

"1. Respondent James Saleson is, and was at all times referred to herein, a duly licensed real estate broker in the State of Illinois.

"2. That Bertha L. Haug and Fred A. Haug listed their property at 3305 Eastwood, Chicago, Illinois for sale with J. Palmer Realty Associates, Inc. at a net price of $15,500.00. J. Palmer Realty Associates Inc. sold said property to Richard Wrona and Rita J. Wrona, his wife, for the sum of $15,900.00; the Wronas deposited $1,000.00 earnest money with said J. Palmer Realty.

"3. That the deal was closed at Avondale Savings and Loan Association on October 29, 1964; a representative of said J. Palmer Realty delivered a receipt for $400.00 as commission and delivered check #1082, J. Palmer Realty Assoc., Inc. Special Account, drawn on the Bank of Niles, dated October 29, 1964, in the sum of $600.00 payable to Fred A. Haug and Bertha L. Haug; check was deposited by Haug with the Lakeview Trust and Savings Bank.

"4. That said check was returned marked `N.S.F.' A call to the cashier of the Bank of Niles on November 7, 1964 disclosed that there were not sufficient funds in the aforesaid Special Account to pay said check. Mr. Palmer promised to redeem said check on November 9, 1964 and on said date promised to redeem on or before November 12, 1964. Calls to Mr. Palmer after November 9, 1964 were not answered.

"5. That the complaint was filed in the Department of Registration and Education on November 14, 1964, and, thereafter, on a date in December, 1964 the amount due the Haugs was delivered to them; that neither this Committee nor any individual member thereof was party to any agreement to dismiss this action and no notice thereof was delivered or served on the Committee for its action or consideration thereon.

"On the basis of the foregoing the undersigned Real Estate Examining Committee concludes that the Respondent is guilty of conduct within the purview of Section 8(d)7, 11 and 14 of the Illinois Real Estate Brokers and Salesman Law, and it is respectfully recommended to the Director of the Department of Registration and Education of the State of Illinois that the Respondent's license as a real estate broker in the State of Illinois be Revoked."

On December 29, 1965, the Director of Registration and Education adopted the findings and recommendation of the Real Estate Examining Committee and revoked "the certificate of registration of James S. Saleson as a real estate broker."

On April 10, 1967, in a review action, the Circuit Court of Cook County entered an order which revoked plaintiff's license as a real estate broker and affirmed the decision of the Department of Registration and Education. This is the order from which plaintiff appeals.

As to the foregoing findings of fact of the committee, plaintiff contends: "The evidence in the record shows only that there was, at most, a delay of six weeks in the delivery of $600.00. This does not justify the revocation of a license to practice a trade or profession and the deprivation of a livelihood to the licensee. The real reason for the revocation of the license in the case at bar is to punish the licensee for his refusal to testify before the Department of Registration and Education. The Department's conduct is prohibited by the Federal Constitution, as determined by the recent decisions of the Supreme Court of the United States, which cases are hereinafter discussed."

No. 52,316

In this action the hearing was also held on February 17, 1965. Respondent was present in person ...


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