Page:United States Statutes at Large Volume 50 Part 1.djvu/819

 794 75TH CONGRESS, 1T SESSION-CH. 760-AUGUST 25, 1937 (g) Failed, within a reasonable time, to account for or to remit any money, valuable documents, or other property coming into his pos- session which belong to others ; (h) Demonstrated such unworthiness or incompetency to act as a real-estate broker or salesman as to endanger the interests of the publi c ; (i) Paid or offered to play a commission or valuable consideration to any person for acts or services in violation of this Act, with knowledge of such violation or where reasonable diligence has not been exercised to acquire such knowledge ; (j) Been guilty of any other conduct, whether of the same or a different character from that hereinbefore specified, which consti- tutes fraud ulent or di shone st de aling ; (k) Using any other trade name or insignia of membership in any real-estate organization of which the licensee is not a member ; (1) Disregarding or violating any provisions of this Act ; (m) Guaranteeing, or having authorized or permitted any broker or salesman to guarantee, future profits which may result from the resale of real property ; (n) Placing a sign on any property offering it for sale or for rent or offering it for sale or rent without the written consent of the owner or his authorized ¢agent ; (o ) Solicitin g, selling, or offerin g for sale real proper ty by offer- ing free lots, or conducting lotteries, or contests, or offering prizes for the purpose of influencing a purchaser or prospective purchaser of real property ; or (p) Failing to. restore the bond to its original amount after a recovery on the bond as provided in section 5. PR OVISION FOR HEARING B EFORE APPLICATION IS REFUSED OR LICENSE SUSPENDED OR REVOKED Hearing before ap- plication refused or license suspended, etc. SEC. 9. The Commission shall, before denying an application for license, or before suspending or revoking any license, set the matter down for a public hearing, and at least ten days prior to the date set for the hearing it shall notify the applicant or licensee in writing of any charges made and shall afford said applicant or licensee an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the applicant or licensee or by mailing same by registered mail to the last-known business address of such applicant or licensee. If said applicant or licensee be a salesman the Commission shall also notify the broker employing him, or whose employ he is about to enter, by mailing notice by registered mail to the broker's last-known address. The hearing on such charges shall be at such time and place as the Commission shall prescribe. The Commission shall have the power to issue subpenas or take testimony of any person by depo- sition in the same manner as prescribed by law in judicial procedure in the District Court of the United States for the District of Colum- bia in civil cases. It. shall also have the power to require the produc- tion of books, records, papers, and documents by subjena or other- -wise. Any party to any hearing before the Commission shall have the right to the attendance of witnesses in his behalf at such hearing upon making request therefor to the Commission and designating the person or persons sought to be subpenaed. If the Commission shall determine that any applicant is not qualified to receive a license, a license shall not be granted to said applicant, and if the Commission shall determine that any licensee is guilty of a violation of any of the provisions of this Act, his or its licenses shall be suspended or