Chap. 496.—An ACT to amend and reenact Section 9, as amended, of Chapter 461
of the Acts of Assembly of 1924, approved March 21, 1924, dealing with
appeals from action of the real estate commission in denying, suspendin
or revoking licenses. - [S 191}

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That section nine, as amended, of chapter four hundred sixty-one
of the Acts of Assembly of nineteen hundred twenty-four, approved
March twenty-one, nineteen hundred twenty-four, be amended and
reenacted as follows:

Section 9. The Commission shall, before denying an application for
license, or before suspending or revoking any license, set the matter down
for a hearing, and at least ten days prior to the date set for the hearing, it
shall notify in writing the applicant, or licensee, 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 in
whose employ he is about to enter, by mailing notice by registered mail
to the broker’s last known business address.

The hearing shall be held within the county or city in which the
respondent has his place of business in Virginia at such place therein and
at such time as the Commission prescribes. The Commission shall have
the power to subpoena and bring before it any person in this State, or
take testimony of any such person by deposition with the same fees and
mileage in the same manner as prescribed by law in judicial procedure
in courts of this State in civil cases. 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 Commis-
sion and designating the person or persons sought to be subpoenaed. If
the Commission shall determine that any applicant is not qualified to re-
ceive 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 license shall be suspended or
revoked.

Any person, firm or corporation aggrieved by any such decision of the
Commission shall have the right of appeal to the circuit court or cor-
poration court having jurisdiction where the hearing was had by filing
with the court notice in writing of such appeal within thirty days after
the Commission’s decision was filed and by mailing by registered mail
a copy of said notice to the Commission. Upon the trial of any such
appeal by the circuit or corporation court the party appealing shall have
the right of trial by a jury as to any question of fact. All legal evidence
produced shall be heard, whether the same was produced or not before
the Commission from whose decision the appeal is taken.
Any person, firm, co-partnership, corporation or association appealing
from a decision of the Commission shall within ten (10) days following
receipt of the Commission’s decision from which appeal is noted, post
a bond of twenty-five hundred dollars ($2,500.00) in favor of the Com-
monwealth of Virginia, conditioned to faithfully observe the provisions
of all sections of this act during the pendency of said appeal and to’ pay
to any one all damages that he may sustain by reason of any transaction
with the appellant during the pendency of said appeal and caused by
the misconduct or wrongful act, or acts, of the appellant. Such bond
shall be filed with the Virginia Real Estate Commission. No bond shall
be accepted unless it be with a surety company authorized to do business
in the Commonwealth of Virginia.

Any person, firm, co-partnership, corporation or association failing
to post such bond shall discontinue all operations as a real estate broker
or real estate salesman during the pendency of said appeal.