Graham v. NJ Real Estate Com'n

524 A.2d 1321, 217 N.J. Super. 130
CourtNew Jersey Superior Court Appellate Division
DecidedApril 27, 1987
StatusPublished
Cited by20 cases

This text of 524 A.2d 1321 (Graham v. NJ Real Estate Com'n) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. NJ Real Estate Com'n, 524 A.2d 1321, 217 N.J. Super. 130 (N.J. Ct. App. 1987).

Opinion

217 N.J. Super. 130 (1987)
524 A.2d 1321

ELIZABETH C. GRAHAM, APPELLANT,
v.
NEW JERSEY REAL ESTATE COMMISSION, RESPONDENT.
DOROTHY T. WARD, APPELLANT,
v.
NEW JERSEY REAL ESTATE COMMISSION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued March 31, 1987.
Decided April 27, 1987.

*133 Before Judges MICHELS, O'BRIEN and LANDAU.

W. Robb Graham argued the cause for appellant Elizabeth C. Graham.

Francis R. Ward argued the cause for appellant Dorothy T. Ward.

Sarah T. Darrow, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Sarah T. Darrow, of counsel and on the letter brief).

The opinion of the court was delivered by MICHELS, P.J.A.D.

Appellants Elizabeth C. Graham (Graham) and Dorothy T. Ward (Ward) appeal from final administrative actions of the New Jersey Real Estate Commission (Commission), which denied their respective applications for relicensure as real estate salespersons. The denials were based upon appellants' failure to apply for renewal within a period of two years after expiration of their last licenses or to satisfy the statutory educational and examination requirements. N.J.S.A. 45:15-9. We consolidated these appeals because they involve common questions of law.

Having previously met the statutory requirements, appellants Graham and Ward became licensed real estate salespersons in this State. On June 30, 1981 and January 12, 1983, respectively, Graham and Ward returned their licenses to the Commission. See N.J.S.A. 45:15-14. Under the then existing statutory scheme, appellants had five years from the date of surrendering their licenses in which to renew them without having to attend a real estate school and pass an examination.

At the time that appellants allowed their licenses to expire, N.J.S.A. 45:15-9 provided in part:

In [the] event that any person to whom a salesman's license has been or shall have been issued shall fail to renew such license or obtain a new license for a *134 period of 5 consecutive years or more after the expiration of the last license the commission may require such person to attend school and pass an examination, or either thereof, prior to issuance of a further license. [L. 1977, c. 331, § 2].

However, when Graham applied for relicensure in February 1986, and Ward applied in June 1986, each within the prior five-year time period, the Commission denied their applications, advising them that they would have "to attend an approved school and pass the state examination prior to issuance of a further license." As explained in the Commission's letters to appellants, their applications had been denied as the result of an amendment to N.J.S.A. 45:15-9. Effective May 1, 1984, the amended statute, in pertinent part, provided:

In [the] event that any person to whom a salesman's license has been or shall have been issued shall fail to renew such license or obtain a new license for a period of two consecutive years or more after the expiration of the last license, the commission shall require such person to attend an approved school and pass the State examination prior to issuance of a further license. [L. 1983, c. 456, § 1].

In 1985, N.J.S.A. 45:15-9 was further amended to establish a 90-day grace period in which certain real estate salespersons, whose licenses had lapsed under the previous amendment, could renew their licenses without having to fulfill any additional requirements. This amendment read as follows:

1. Any person who met the requirements under R.S. 45:15-9 for renewal of a broker's license or a salesman's license on April 30, 1984, may apply to the New Jersey Real Estate Commission [for] renewal of the license on or before the 90th day following the effective date of this act and shall obtain the license.
2. The commission shall publish within 30 days of the effective date of this act a notice containing the language of section 1 of this act except that the commission shall supply the date certain of the 90th day following the effective date of this act and a brief description of the reduction of the statutory period for renewal of inactive licenses made by P.L. 1983, c. 456.
The notice shall be published at least twice during the 30 day period in one or more newspapers circulating in each county in this State. [L. 1985, c. 180, §§ 1 and 2].

This 90-day period commenced on June 10, 1985 and continued until September 8, 1985.

Pursuant to the statutory mandate, the Commission advertised the grace period in numerous newspapers throughout the State. Moreover, through a direct mailing on June 18, 1985, the Commission informed all real estate offices, all approved *135 real estate schools and all boards of realtors in the State of the 90-day grace period. The Commission also responded to telephone inquiries by sending callers a copy of the notice of the grace period and the appropriate license application. Additionally, the 1983 and the 1985 amendments to N.J.S.A. 45:15-9 were published and distributed by the Legislative Services Commission and the Office of Legislative Services pursuant to N.J.S.A. 1:3-1 et seq.. However, neither appellant received direct or individual notification of the amendments to N.J.S.A. 45:15-9, and neither applied for relicensure within the 90-day grace period. In order for appellants to become relicensed now, they will be required "to pay for and attend seventy-five hours of class, as well as pass the New Jersey Real Estate Examination." See N.J.S.A. 45:15-10.1; N.J.A.C. 11:5-1.27.

Appellants contend that the amendment to N.J.S.A. 45:15-9 violated their due process rights under the Fourteenth Amendment of the Constitution of the United States and destroyed their vested interests in their respective New Jersey real estate salesperson's licenses. They claim essentially that they were not given adequate notice of the change in the licensing law that reduced from five to two years the period in which they could renew their expired licenses without attending an approved school and passing an examination. We disagree and affirm.

Requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's protection of liberty and property. Board of Regents v. Roth, 408 U.S. 564, 569, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548, 556 (1972). An occupational license is in the nature of a property right, In re Polk License Revocation, 90 N.J. 550, 562 (1982), DeVitis v. New Jersey Racing Com'n, 202 N.J. Super. 484, 493 (App.Div. 1985), certif. den. 102 N.J. 337 (1985); cf. Bechler v. Parsekian, 36 N.J. 242, 256-257 (1961), and thus any deprivation thereof is subject to the protection of due process. See Mathews v. Eldridge, 424 U.S. 319, 332, 96 S.Ct. 893, 901, 47 L.Ed.2d 18, 31-32 (1976); State in Interest of *136 D.G.W., 70 N.J. 488, 502 (1976). However, a protected right in a professional license comes into existence only after a license has been obtained. An applicant for a license has merely an expectation of obtaining a property interest. Such an expectation is not afforded the same protection under the Fourteenth Amendment as is the property right itself.

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Bluebook (online)
524 A.2d 1321, 217 N.J. Super. 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-nj-real-estate-comn-njsuperctappdiv-1987.