Promulgated pursuant to the Professions and Occupations Code (Code), Section 20(a)(11) of the Auctioneer and Auction Licensing Act (Act), Act of December 22, 1983, P.L. 327, 63 P.S. § 734.20(a)(11), permits an auctioneer to be disciplined if his or her "license to engage in the auction profession [has been] revoked or suspended or . . . other disciplinary action [has been] taken ... by the proper licensing authority of another state." In these consolidated appeals, we decide, interalia, whether, pursuant to that Section, an auctioneer may be disciplined where the alleged wrongful conduct resulted in a settlement agreement that admitted no fault. Based on the following rationale, we affirm the Order of the Commonwealth Court.

Azam Khan (Auctioneer Khan) and Abid Butt (Auctioneer Butt) (collectively "Auctioneers") are licensed auctioneers in Pennsylvania. On July 16, 1999, Auctioneers were each issued and served with a Notice and Order to Show Cause by the State Board of Auctioneer Examiners (Board), alleging that both Pennsylvania-licensed auctioneers had violated Section 20(a)(11) of the Act, 63 P.S. § 734.20(a)(11), because other states had taken disciplinary action against their auctioneer licenses. The Board is the administrative body charged with the authority and responsibility to oversee those engaging in the auctioneering profession within this Commonwealth, and to determine the competency and fitness of a licensee to conduct auctions here. It is imbued by statute with the authority to license auctioneers, investigate complaints, and impose disciplinary sanctions with respect to auctioneer professionals practicing within the Commonwealth. 63 P.S. § 734.31.

Auctioneer Khan's Notice stated that he had violated the Act due to the following actions taken by Virginia and Maine:

ú On January 12, 1999, the Virginia Auctioneers Board approved a Consent Order imposing a $1,000.00 administrative penalty against Auctioneer Khan for making a material misrepresentation in the course of performing his auctioneer duties; and

ú On December 8, 1997, the Maine Board of Licensing of Auctioneers, through a Consent Agreement, imposed a $250.00 penalty and warned Auctioneer Khan for making misrepresentations in advertisements.

(Original Khan Record, Tab 1.) Auctioneer Khan filed an Answer denying the characterizations of the other state actions as disciplinary actions, explaining that the $1,000.00 he paid to the Virginia Board was not a penalty but merely reimbursement of administrative costs. He also asserted that the Virginia agreement contained no finding that he had made any material misrepresentations. Concerning the Maine Consent Agreement, Auctioneer Khan further argued that the agreement made no finding that he violated any rules or regulations of that state, but only provided that he "denies, does not admit, but does not contest allegations of Complaint No. 122." Id.

Before the Board, Auctioneer Khan did not contest the fact that the Maine Consent Agreement constituted a disciplinary action, only that it contained no findings of wrongdoing. His challenge to the Maine agreement was premised primarily on his argument that it would violate the standards set forth by this Court in Lyness v. State Bd. of Medicine, 605 A.2d 1204 (Pa. 1992), if the Board took disciplinary action against him based on disciplinary action taken in a state that does not prohibit commingling of prosecutorial and adjudicative functions.
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