Berg

Bernard Jerome Berg appeals from denial of his petition for a writ of mandate to reverse the Department of Real Estate’s rejection of his application for a real estate salesperson’s license. The rejection was based on Berg’s disbarment as an attorney for excessive and fraudulent billing. At issue on appeal is whether the Department of Real Estate met the requirements of Business & Professions Code section 10177, subdivision (f), which provides for denial of a license under certain circumstances if a license issued by another agency has been revoked. Berg contends the requirements were not met because (1) the charging documents were defective; (2) substantial evidence did not support the findings; (3) the administrative law judge erred in excluding evidence of the unfairness of the 1991 fraud judgment against Berg and of his 1998 disbarment; (4) the procedure to disbar attorneys does not provide due process protections equivalent to those under the Administrative Procedure Act (APA); and (5) the Supreme Court did not make an express finding of the violation of law in its disbarment order. We find the requirements of Business & Professions Code section 10177, subdivision…