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Terry v. Layman

February 2, 1973

TERRY, PETITIONER,
v.
LAYMAN, RESPONDENT



Judicial review of an order of the Real Estate Commissioner.

Howard Hedrick, Portland, argued the cause for petitioner. With him on the brief were Hedrick, Fellows & McCarthy, P.C., Portland.

Al J. Lauc, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Thornton, Judge. Schwab, Chief Judge, and Fort, Judge.

Thornton

Petitioner seeks judicial review of an order of respondent Real Estate Commissioner denying petitioner's application for a real estate salesman's license.

On appeal petitioner advances two contentions:

(1) That respondent's actions in (a) denying the application and (b) refusing to grant a new hearing violated petitioner's rights guaranteed by the due process clause of the Fourteenth Amendment to the United States Constitution.

(2) That the evidence offered by respondent at the hearing was not sufficient to support respondent's order denying the application.

Proceedings of the Real Estate Commissioner

are subject to the provisions of the Administrative Procedures Act. ORS 183.310 et seq.

Petitioner was issued a real estate salesman's license on October 26, 1971. The following day, October 27, petitioner was convicted upon plea of guilty in the United States District Court for Oregon of the crime of conspiring with another to falsely make an endorsement on certain "Series E United States Savings Bonds" for the purpose of obtaining money from the United States. He was sentenced to serve a term of three years in a federal penitentiary.

On December 7, 1971, petitioner's license was voluntarily returned to the Real Estate Commissioner by ...


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