White v. Department of Labor and Industry, No. DA 06-0353 (Mont. 10/3/2007), DA 06-0353.

• Decision Date: 03 October 2007
• Docket Number: No. DA 06-0353.,DA 06-0353.
• Citation: White v. Department of Labor and Industry, No. DA 06-0353 (Mont. 10/3/2007), No. DA 06-0353. (Mont. Oct 03, 2007)
• Parties: ROBERT L. WHITE, Petitioner and Appellant, v. DEPARTMENT OF LABOR and INDUSTRY and MONTANA BOARD OF REALTY REGULATION, Respondents and Appellees.
• Court: Montana Supreme Court

Page 1

2007 MT 252N

ROBERT L. WHITE, Petitioner and Appellant, v.DEPARTMENT OF LABOR and INDUSTRY and MONTANA BOARD OF REALTY REGULATION, Respondents and Appellees.

No. DA 06-0353.

Supreme Court of Montana.

Submitted on Briefs: January 31, 2007.

Decided: October 3, 2007.

Appeal from: District Court of the Sixth Judicial District, In and For the County of Park, CauseNo. DV 05-106, Honorable Wm. Nels Swandal, Presiding Judge.

For Appellant: Robert L. White(Pro Se), Livingston, Montana.

For Appellees: M. Gene Allison, Special Assistant Attorney General, Helena, Montana.

Justice JOHN WARNERdelivered the Opinion of the Court.

¶1 Pursuant to Section 1, Paragraph 3(d)(v), Montana Supreme Court1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent.It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2AppellantRobert L. White(White) appeals from an order of the Sixth Judicial District Court, Park County, affirming a decision of the Montana Board of Realty Regulation, Department of Labor and Industry(Board) dismissing White's petition for relief.We affirm.

¶3 White is a real estate salesperson licensed in Montana and subject to the authority of the Board.From time to time, White had sold properties for an individual named Sandra McNamara(McNamara).On August 13, 2005, White advertised for sale real property belonging to McNamara.However, at the time he did so, White did not have a signed listing agreement covering the property advertised.A competing realtor did have a signed listing agreement from McNamara regarding the same property and filed a complaint against White with the Board.

¶4 A Board hearing examiner found White in violation of § 37-1-316(18), MCA, establishing generally accepted standards for practice, and § 37-51-321(2)(a), MCA, prohibiting a licensee from advertising property of others without a signed listing agreement.The hearing examiner submitted Proposed Findings of Fact, Conclusions of Law, and Recommended Order to the Board.

¶5 ABoard Adjudication Panel issued a Final Order that adopted the Hearing Examiner's recommended findings, conclusions and order.The Board fined White, ordered him to attend remedial education classes, and suspended his license to sell real estate for one year.

¶6 White petitioned for judicial review.After reviewing motions and hearing oral argument, the District Court affirmed the Board's decision and dismissed White's petition.This appeal followed.

¶7 A district court reviews an administrative decision to determine whether the...