Spankey's Auto Sales, Inc. v. Bureau of Professional & Occupational Affairs

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 23, 1998, Spankey’s was issued a citation by Dennis Ertter (Ertter), an agent of the Board, alleging that Span-key’s operated an unlicensed branch lot in violation of…