47. Surrender of License

17 DOS 90 Amended (50 DOS 94) Matter of DOS v. Donati - licensee may be required to pay interest on restitution; surrender of license which is accepted by DOS while appeal pending is deemed to satisfy period of suspension; on remand, may not raise new arguments not raised in Article 78 proceeding

316 DOS 97 Matter of DOS v. Anderson, Consent Order on Appeal - prior default decision revoking salesperson’s license for failure to complete continuing education requirements vacated; consent order substituted for prior decision; timely administrative appeal; failure to complete continuing education and to appear at hearing did not demonstrate untrustworthiness or willful failure to comply; license surrendered until proof of completion of continuing education requirements

CRC #98-1086 Matter of DOS v. Clarke, Consent Order - licensed broker convicted of felony; receives certificate of relief from disabilities; surrender of broker license and issuance of salesperson’s license; prohibition from submitting application for a real estate broker’s license except upon written notice to DOS litigation counsel

266 DOS 98 Matter of DOS v. Edman -- failure to surrender license; failure to appear at hearing; ex parte hearing is permissible upon proof of proper service; broker failed to comply with prior order (135 DOS 98) requiring payment of restitution and suspension of license by failing or refusing to return her license certificate and pocket card to DOS within 5 days of having received notice of suspension of her license; failure to surrender license certificate and pocket card demonstrates untrustworthiness and incompetency; broker’s license is revoked; reapplication conditioned upon proof of full compliance with prior order

701 DOS 05 DOS v. Rose - prior misconduct; jurisdiction; material misstatement on application; surrender of license; broker fails to disclose on two applications for licensure convictions for distributing or possessing controlled dangerous substances within 1,000 feet of school property or bus and cruelty and neglect of children; surrender of license does not divest tribunal of jurisdiction as the acts of misconduct occurred and the proceedings were commenced while the respondent was licensed; jurisdiction would continue even had license expired of its own terms; broker’s conduct demonstrated a lack of trustworthiness; broker’s license revoked.

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