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SPANKEY'S AUTO SALES, INC. v. BUREAU OF PROFESSIONAL

773 A.2d 206 (2001)

SPANKEY'S AUTO SALES, INC., Petitioner, v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Respondent. Spankey's Auto Sales, Inc., Petitioner, v. State Board of Vehicle Manufacturers, Dealers and Salespersons, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 12, 2001.

Attorney(s) appearing for the Case

Lawrence R. Wieder, Harrisburg, for petitioner.

Thomas A. Blackburn, Harrisburg, for respondent.

Before DOYLE, President Judge, COLINS, Judge, JIULIANTE, Senior Judge.

DOYLE, President Judge.

Spankey's Auto Sales, Inc. (Spankey's) appeals from an order of the State Board of Vehicle Manufacturers, Dealers and Salespersons1 (Board) affirming the order of a hearing examiner imposing a civil penalty of $1,000 for the operation of an unlicensed branch lot, to wit, displaying vehicles at a local mall. We reverse.

Spankey's is a used car dealer with its main lot in Mechanicsburg, Pennsylvania. On July...

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