Kateen

The Department of Real Estate (Department) appeals from a judgment of the Superior Court of Sacramento County granting a peremptory writ of administrative mandate (Code Civ. Proc., § 1094.5), in favor of Marilyn Kateen. Concluding that the findings were inadequate and that the punishment constituted an abuse of discretion, the court directed the Department to set aside its decision revoking Kateen’s real estate broker’s license, and to reconsider the penalty to be assessed. The Department as serts that its decision to revoke Kateen’s license was not an abuse of discretion, and that its findings were adequate to support the decision. For the reasons which follow, we agree with the Department and shall reverse.

Facts

On May 5, 1982, an accusation was filed charging that Kateen had engaged in conduct which was cause for suspension or revocation of her license under Business and Professions Code section 10176, subdivisions (a) [making substantial misrepresentations], and (i) [other conduct which constitutes fraud or dishonest dealing]. After an administrative hearing the administrative law judge prepared a proposed decision which was adopted by the real estate commissioner.…