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SMITH v. REAL ESTATE AGENCY

693-R-252P; CA A93028.

939 P.2d 77 (1997)

148 Or. App. 62

Robert E. SMITH and Marc D. McDevitt, Petitioners, v. REAL ESTATE AGENCY, Respondent.

Court of Appeals of Oregon.

Decided May 7, 1997.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for petitioner Robert E. Smith. With him on the brief was Ball Janik, LLP.

Celia A. Havranek, Portland, argued the cause and filed the brief for petitioner Marc D. McDevitt.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LEESON, J., and JOSEPH, Senior J.

JOSEPH, Senior Judge.

Petitioners separately seek review of an order by the Real Estate Commissioner pursuant to ORS 696.990(4) and (5) imposing penalties on them for engaging in professional real estate activities without a license. The issues raised by each petitioner are different and will be considered separately.

ORS 696.020(1) provides:

"No person shall engage in, carry on, advertise or purport to engage in or carry on professional real estate...

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