MATTER OF SUSPENSION OF REVOCATION OF FICHNER


144 N.J. 459 (1996)

677 A.2d 201

IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSE OF JOSEPH FICHNER, JR., LICENSE NO. 6213, TO ENGAGE IN THE PRACTICE OF MASTER PLUMBING IN THE STATE OF NEW JERSEY.

The Supreme Court of New Jersey.

Decided June 18, 1996.


Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellant Board of Examiners of Master Plumbers (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

W. Peter Ragan argued the cause for respondent Joseph Fichner, Jr. (Blankenhorn & Ragan, attorneys).


The opinion of the court was delivered by O'HERN, J.

This appeal primarily concerns the de facto officer doctrine. This common-law doctrine typically holds valid the acts of a person exercising the duties of a public office under the color of authority if the acts are in the interests of the public and third persons. In this case, because three members of an occupational licensing board lacked the statutory qualifications for exercise of the office and another had...

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