Hyland v. Ponzio

387 A.2d 1206, 159 N.J. Super. 233
CourtNew Jersey Superior Court Appellate Division
DecidedApril 26, 1978
StatusPublished
Cited by7 cases

This text of 387 A.2d 1206 (Hyland v. Ponzio) 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
Hyland v. Ponzio, 387 A.2d 1206, 159 N.J. Super. 233 (N.J. Ct. App. 1978).

Opinion

159 N.J. Super. 233 (1978)
387 A.2d 1206

WILLIAM F. HYLAND, ATTORNEY GENERAL OF NEW JERSEY, COMPLAINANT-RESPONDENT,
v.
ARTHUR W. PONZIO, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Argued March 20, 1978.
Decided April 26, 1978.

*235 Before Judges ALLCORN, MORGAN and HORN.

Mr. Ralph J. Kmiec argued the cause for appellant (Messrs. Kmiec & Palumbo, attorneys).

Mr. Jerome M. Lane, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General, attorney; Mr. William F. Hyland, former Attorney General; Ms. Erminie L. Conley, Deputy Attorney General, of counsel).

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

Appellant-respondent Arthur Ponzio appeals from an order of the State Board of Professional Engineers and Land Surveyors (State Board) revoking his license for land surveying after his conviction in the United States District Court of 16 counts of conspiracy, bribery and extortion while he was Commissioner of the Department of Public Works for the City of Atlantic City. Said order granted leave to apply for restoration of the license no less than five months subsequent to the date of the order. The State Board stayed the revocation pending this appeal.

The complaint filed by the Attorney General with the State Board asserted as reasons for his demand that respondent's license be revoked that said convictions demonstrated conclusively that respondent lacked the good character and reputation required for licensure as a land surveyor under N.J.S.A. 45:8-35, and that the acts for which respondent was convicted were "inconsistent with the public welfare and are such a gross dereliction from the duties of good citizenship and professional responsibility of honesty and fair dealing, that they constitute misconduct in *236 the practice of land surveying, contrary to N.J.S.A. 45: 8-38."

At a formal administrative hearing before the State Board the Attorney General introduced into evidence the record of the convictions and iterated the reasons stated in his complaint for revocation of respondent's license. Respondent offered into evidence certain exhibits, including the sentencing judge's sympathetic remarks when he vacated respondent's remaining incarcerating sentence in August 1976. Respondent testified briefly. He denied that he was in fact guilty of the crimes of which he was convicted and he asserted that the convictions were unrelated to his land-surveying activities.

The State Board rested its decision to revoke the license upon the tendered hypothesis of the Attorney General, finding, among other things, that

* * * * * * * *

2. The crimes for which respondent was convicted demonstrate a lack of the good character and reputation required pursuant to N.J.S.A. 45:8-35 of all licensees and a disregard of the public welfare.

* * * * * * * *

Thus, the revocation was founded solely on lack of that good character and reputation of defendant required by N.J.S.A. 45:8-35 of all applicants for license "and a disregard of the public welfare."

N.J.S.A. 45:8-35, as applicable here, provides:

* * * To be eligible for license as a professional engineer or land surveyor an applicant shall be a citizen of the United States of America or shall have made declaration of his intention to become a citizen of the United States of America. An applicant for license as a professional engineer or land surveyor shall be able to speak and write the English language. All applicants shall be of good character and reputation. [Emphasis supplied]

N.J.S.A. 45:8-38, dealing with the revocation of licenses pertinently, provides:

*237 The examining board shall have the power to revoke the certificate of license of any professional engineer or land surveyor licensed hereunder who is found guilty by said board of any fraud or deceit in obtaining a certificate of license, or of gross negligence, incompetency or misconduct in the practice of professional engineering or land surveying.

The sole contention of appellant is that the State Board was without jurisdiction to revoke his license on the basis of a finding that he lacked good character and reputation, N.J.S.A. 45:8-35, and that there was no proof of a finding of any misconduct for which the Board was expressly authorized to revoke the license of a land surveyor under N.J.S.A. 45:8-38.

Respondent's attorney candidly conceded at oral argument before us that if the crimes of which respondent was convicted had taken place before he was licensed he would not have been entitled to the license. The issue is a narrow one — whether the State Board was empowered under the statute to revoke respondent's license for a reason which would have furnished a basis to deny an application for the issuance of such license in the first instance.

Respondent's convictions certainly involve moral turpitude, a fact which remains undenied by him. There is also no doubt, as is conceded by respondent, that the convictions evidence a lack of good character and reputation.

Licenses to practice professional engineering or professional land surveying are required as a matter of public policy of this State "[i]n order to safeguard life, health and property, and promote the public welfare * * *." N.J.S.A. 45:8-27. Like the profession of engineering, we regard that of land surveying as "no ordinary trade or calling." See Prouty v. Heron, 127 Colo. 168, 255 P.2d 755, 758 (Sup. Ct. 1953). It involves not only skill and knowledge, but certainly honesty, integrity and reliability. The products of land surveyors are cornerstones of titles and are relied upon by real estate purchasers, lenders and title insurers. Cf. Curtis v. Aaronson, 49 N.J.L. 68 (Sup. Ct. 1886); *238 Jackson v. Perrine, 35 N.J.L. 137 (Sup. Ct. 1871); Den d. Haring v. Van Houten, 22 N.J.L. 61 (Sup. Ct. 1849); State v. Ford and Baldwin, Surveyors, 1 N.J.L. 53 (Sup. Ct. 1791). See also, Abelson's, Inc. v. N.J. State Board of Optometrists, 5 N.J. 412 (1950); Rite Aid of N.J. v. N.J. Bd. of Pharm., 124 N.J. Super. 62 (App. Div. 1973), certif. den. 63 N.J. 503 (1973).

A statute must be construed liberally as a whole in order to effect the declared or clearly implied purposes for which it was enacted. State v. Spindel, 24 N.J. 395, 402-403 (1957); Denbo v. Moorestown Tp., 23 N.J. 476 (1957); Horwitz v. Reichenstein, 15 N.J. 6 (1954); State v. McCall, 14 N.J. 538 (1954). "Authority delegated to an administrative agency should be construed so as to permit the fullest accomplishment of the legislative intent," and the purpose of the statute should not be frustrated by an unduly narrow interpretation. Cammarata v. Essex Cty. Park Comm'n, 26 N.J. 404, 411 (1958).

In the light of these tenets we have no difficulty in determining that the State Board acted appropriately within the jurisdiction conferred upon it. Its finding of appellant's tainted character and reputation supported by ample proof of his convictions warranted the revocation within the legislative authority.

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Cite This Page — Counsel Stack

Bluebook (online)
387 A.2d 1206, 159 N.J. Super. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyland-v-ponzio-njsuperctappdiv-1978.