Madrid

Appellant, a real estate salesman, was accused by the Real Estate Commissioner of the State of California of having fraudulently procured a real estate license by making a material misstatement of fact in his license application, a violation of Business and Professions Code section 10177, subdivision (a). Specifically, it was alleged that appellant had been convicted of bingo fraud in Arizona in 1975 and failed to list the conviction on his application. After an administrative hearing, appellant’s license was revoked. The superior court denied his petition for a writ of mandate, and this appeal followed. Appellant contends that there is not substantial evidence to support the finding that his license was fraudulently procured because respondent did not show that the application would have been denied had the Arizona conviction been disclosed.

The following evidence was adduced at the administrative hearing: Appellant applied for a California real estate salesman’s license in 1980. One of the questions on the application asked whether the applicant had ever' been convicted of any violation of law, excluding nonmoving traffic violations. Appellant’s response to this…