Knoy v. Indiana Real Estate Commission, 29604

Citation239 Ind. 379,157 N.E.2d 825
Decision Date30 April 1959
Docket NumberNo. 29604,29604
PartiesClaude E. KNOY, Appellant, v. INDIANA REAL ESTATE COMMISSION, Lynn E. Smith and Cletus L. Herron, Appellees.
CourtSupreme Court of Indiana

Dobbins, King & Cline, Columbus, for appellant.

Edwin K. Steers, Atty. Gen., Owen S. Boling, Asst. Atty. Gen., and Francis M. Hughes, Deputy Atty. Gen., for appellees.

LANDIS, Chief Justice.

Appellant is here on an appeal from a final judgment of the Bartholomew Circuit Court affirming an order of the appellee Indiana Real Estate Commission which had suspended appellant's real estate salesman's license for a period of 120 days. The proceedings taken below before the Indiana Real Estate Commission grew out of appellant's alleged violation of the Indiana real estate broker's and salesman's licensing act. 1

Appellant contends among other things that the decision of the court below was contrary to law in affirming the decision of the Indiana Real Estate Commission as such Commission did not follow the Administrative Adjudication and Court Review Act 2 governing the proceedings before the Commission.

The pertinent provisions of such act are as follows:

'* * * In the event of such hearing before a member, agent or representative it shall be conducted in the same manner provided for a hearing before the agency except that instead of making an order or determination the said member, agent or representative shall make a recommendation as to the order or determination. After said recommendation is made said member, agent or representative shall present to and file with the agency the complete record of the proceedings before him, other than the transcript of the oral testimony, together with his recommended order or determination and notice of such filing shall be given all persons who were parties to the hearing. Any interested and affected person may, within ten days thereafter, or within such additional time as may be granted by the agency, file with said agency his objections to the entry of such order. If any such objections are filed the agency shall set the same for hearing. Such hearing shall be on the record so filed with it. The agency may hear additional evidence or refer it back to the hearing member or agent to hear additional evidence. * * *' Acts of 1947, Ch. 365, § 12, p. 1451, being Burns' Statutes § 63-3012 (1951 Replacement). (Emphasis added.)

In the case before us, it appears that after the original hearing before the three members of the Commission the record of the proceedings and their recommendation were filed with the full Commission. Notice was given to appellant who filed written objections to the same. Appellant appeared in person and by counsel, and the full Commission after a hearing sent the matter back to the hearing members for additional evidence. Notice of the rehearing before the hearing members was given to appellant, and appellant appeared at such rehearing on February 6, 1957. Thereafter the record was filed by the hearing members before the full Commission without any notice to appellant or an opportunity to file objections. The full Commission at such time made their final determination and order without previous notice to him and in the absence of his appearance.

Appellant contends the failure to give appellant notice of the filing of the record with the full Commission after the rehearing of evidence by the hearing members was contrary to the Administrative Adjudication & Court Review Act, above set forth. We believe a reasonable construction of the statute required the giving of notice as contended by appellant.

The provisions of the statute with regard to notice are set forth in § 12 of the Act which is in part as follows:

'* * * After said recommendation is made said member * * * shall present * * * and file with the agency the complete record of the proceedings before him, * * * together with his recommended order or determination and notice * * * shall be given all persons who were parties to the hearing. Any interested and affected person may, within ten days thereafter, * * * file * * *...

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7 cases
  • Buchholz v. Board of Adjustment of Bremer County
    • United States
    • Iowa Supreme Court
    • 29 Junio 1972
    ...A.2d 335, 342; Application of Brody's Auto Wreckers, Inc., 31 Misc.2d 466, 220 N.Y.S.2d 936, 938 (1961); Knoy v. Indiana Real Estate Commission (1959), 239 Ind. 379, 157 N.E.2d 825, 828; McCarthy v. Coos Head Timber Company (1956), 208 Or. 371, 302 P.2d 238, 254. See also 2 Am.Jur.2d, Admin......
  • LeRoy v. State Commission for Reorganization of School Corporations
    • United States
    • Indiana Supreme Court
    • 1 Noviembre 1967
    ...Adjudication Act is applicable to a state agency which was created subsequent to the passage of said act. Knoy v. Indiana Real Estate Commission (1959), 239 Ind. 379, 157 N.E.2d 825. We therefore believe that the State Commission for the Reorganization of School Corporations should be recog......
  • Marion County Sheriff's Merit Bd. v. Peoples Broadcasting Corp.
    • United States
    • Indiana Supreme Court
    • 22 Noviembre 1989
    ...parties rather than to adopt a construction which denies due process and invalidates the statute." Knoy v. Indiana Real Estate Commission (1959), 239 Ind. 379, 383, 157 N.E.2d 825, 828. Procedural due process protections are afforded the two deputies because they have a property interest at......
  • Guthrie v. Wilson
    • United States
    • Indiana Supreme Court
    • 10 Noviembre 1959
    ...process to the parties rather than to adopt a construction which denies due process and invalidates the statute. Knoy v. Ind. Real Est. Comm., Ind.1959, 157 N.E.2d 825, 828, and cases therein cited: 5 West's Ind.Law Encyclopedia Constitutional Law § 38, pp. We conclude the 1941 statute of l......
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