Department of Consumer Affairs South Dakota Real Estate Commission v. Dail
Department of Consumer Affairs South Dakota Real Estate Commission v. Dail
Opinion of the Court
In Dail v. South Dakota Real Estate Com’n, 257 N.W.2d 709 (S.D. 1977), this Court vacated an order suspending appellant B. H. Dail’s license for one year and remanded the case to the South Dakota Real Estate Commission (Commission) for imposition of sanctions commensurate with the violation. On remand, the Commission suspended appellant’s license for one month and issued a letter of reprimand. The circuit court affirmed the Commission’s order. We affirm.
The issue on appeal is whether the Commission acted arbitrarily and capriciously in ordering the thirty-day suspension of appellant’s license. SDCL 1-26-36(6). Appellant operated his real estate office from a place other than his registered office in violation of SDCL 36-21-32; Dail v. South Dakota Real Estate Com’n, supra. Such a violation constitutes unprofessional conduct, SDCL 36-21-42.1(16), and authorizes action by the Commission, SDCL 36-21 — 42.
The order is affirmed.
Reference
- Full Case Name
- DEPARTMENT OF CONSUMER AFFAIRS SOUTH DAKOTA REAL ESTATE COMMISSION In the Matter of the Complaint Filed Against B. H. Dail, and v. B. H. DAIL, and
- Status
- Published