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Eckley V. Colorado Real Estate Commission

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eBook details

  • Title: Eckley V. Colorado Real Estate Commission
  • Author : Colorado Supreme Court
  • Release Date : January 22, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

The Colorado Real Estate Commission (commission) charged appellant Gordon E. Eckley, a real estate broker, with eight counts of professional misconduct arising from his actions and omissions in arranging the sale of a tavern in Denver. The alleged misconduct consisted of violations of various state real estate licensing laws and commission rules. After an extensive evidentiary hearing, a hearing officer concluded that the commission had proved charges contained in five of the first seven counts and that in each instance the misconduct demonstrated unworthiness or incompetency to act as a real estate broker in violation of section 12-61-113(1)(n), 5 C.R.S. (1985). The hearing officer recommended that the appellant's real estate broker's license be suspended for three years. The commission, in its final order, affirmed the hearing officer's findings and conclusions, but determined that the appellant's license should be suspended for one year instead of three. On appeal, the district court affirmed the commission's order. The appellant sought review by the Colorado Court of Appeals, and the case was subsequently transferred to this court because the appellant challenged the constitutionality of section 12-61-113(1)(n). We affirm the judgment of the district court.


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