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Kahn v. State Board of Auctioneer Examiners

Penalty imposed against one auctioneer vacated because defendant neither admitted guilt nor was found guilty of the alleged charges in Virginia, and consent agreement could not constitute basis for imposition of sanctions in Pennsylvania; revocation of another auctioneer's license affirmed because there were adjudications in three states that defendant was guilty of conduct alleged, and suspension of license did not violate his due process rights.

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Argued: September 10, 2001

Before this Court are two consolidated appeals by Azam Kahn (Kahn) and Abid M. Butt (Butt), collectively, Auctioneers, from orders of the Commonwealth of Pennsylvania, State Board of Auctioneer Examiners (Board) imposing upon Kahn a $2,000 penalty and revoking Butt’s auctioneer license for purported conduct each had engaged in other states in violation of Section 20(a)(11) of the Auctioneer and Auction Licensing Act (Act). *fn1

On July 16, 1999, Kahn and Butt were each issued and served with a Notice and Order to Show Cause by the Commonwealth of Pennsylvania, Bureau of Professional and Occupational Affairs (Bureau) in which it was alleged that both Pennsylvania-licensed auctioneers had violated Section 20(a)(11) of the Act because they had disciplinary action taken against their auctioneer licenses in other states. Kahn’s notice stated that he violated the Act due to the following actions taken by Virginia and Maine:

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