Real Estate Commission v. Tyler

Per curiam: The Real Estate Commission of Maryland (the Com ⁶⁴² mission) is unhappy because a circuit court judge (Wray, J.) reversed the Commission’s order denying the appellee’s application for renewal of his license as a real estate broker and remanded the case to that Commission for rehearing. Code (1957, 1972 Repl. Vol., 1972 Supp.) Art. 56, § 225 (a) requires the Commission “at least ten days prior to the date set for the hearing [to] notify in writing the . . . license holder of the charges made . . . .” He is to be afforded “an opportunity to be heard in person or by counsel.” The “notice may be served by delivery of same personally to the . . . license holder, or by mailing same by registered mail to the. last known business address of such . . . license holder.” In this case notice was timely mailed to the business address of the appellee. However, it was mailed certified mail, return receipt requested, with delivery restricted to the addressee.

Notice was left for the appellee by the postal authorities, but he did not pick up the letter. Of course, he could have had a dozen employees at his place of business, but if the delivery were restricted to the addressee it would have been necessary for him to go to the appropriate post office window during its regular hours if he were not personally present on the premises when the postman arrived. The appellee was personally served by an investigator for the