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HAMILTON v. N.J. REAL ESTATE COMMISSION

117 N.J. Super. 345 (1971)

284 A.2d 564

THOMAS H. HAMILTON, BETTY J. GROSSMAN, LOUISE BACH, GLADYS WIEMAN, FRED E. BEOHMER, HERBERT E. GARVAL AND FREDERICK ORGAN, PETITIONERS, v. NEW JERSEY REAL ESTATE COMMISSION, DEPARTMENT OF INSURANCE, STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1971.

Attorney(s) appearing for the Case

Mr. Jeffrey R. Lowe argued the cause for petitioners.

Mr. Donald B. Heeb, Deputy Attorney General, argued the cause for respondent New Jersey Real Estate Commission (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CONFORD, MATTHEWS and FRITZ.

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

By Regulation No. 29, promulgated after public hearing, respondent New Jersey Real Estate Commission required all applicants for salesman, broker-salesman or broker's licenses as well as present holders of licenses to be fingerprinted. In accordance with R. 2:2-3(a)(2) petitioners here challenge this enactment on the grounds that (a) the Commission was without legislative authority for its action and ...

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