In Re the Suspension or Revocation of the License of Fichner

The opinion of the court was delivered by

O’HERN, J.

This appeal primarily concerns the de facto officer doctrine. This common-law doctrine typically holds valid the acts of a person exercising the duties of a public office under the color of authority if the acts are in the interests of the public and third persons. In this case, because three members of an occupational licensing board lacked the statutory qualifications for exercise of the office and another had not heard any of the evidence at the relevant disciplinary proceedings, the Appellate Division ordered the proceedings to commence…