Harrington

On May 22, 1986, appellant Robert William Harrington applied with the California Department of Real Estate (Department) for a salesperson’s license. On September 9, 1986, the Department issued a “Statement of Issues” denying the application for the following reasons: (1) On April 27, 1981, appellant was convicted of a violation of section 7028 of the Business and Professions Code (contracting without a license), and on November 18, 1982, appellant was convicted of a violation of section 476a of the Penal Code (passing a worthless check), both of which are crimes of moral turpitude which bear a substantial relationship to the qualifications, functions or duties of a real estate licensee, and (2) appellant answered falsely a question on his application which sought information about previous denials, revocations, suspensions, or restrictions of professional/business licenses.

Appellant challenged the denial, and a hearing before an administrative law judge (ALJ) was held on November 11, 1986, at which appellant testified and submitted evidence in support of his application. On December 11, 1986, the ALJ issued his proposed decision and findings, upholding the Department’s…