It is undoubtedly the right of every citizen of the United States to follow any lawful calling, business, or profession he may choose, subject only to such restrictions as are imposed upon all persons of like age, sex, and condition. . . . The interest, or, as it is sometimes termed, the "estate," acquired in them -- that is, the right to continue their prosecution -- is often of great value to the possessors, and cannot be arbitrarily taken from them, any more than their real or personal property can be thus taken. But there is no arbitrary deprivation of such right where its exercise is not permitted because of a failure to comply with conditions imposed by the state for the protection of society. The power of the state to provide for the general welfare of its people authorizes it to prescribe all such regulations as in its judgment will secure or tend to secure them against the consequences of ignorance and incapacity, as well as of deception and fraud.... The nature and extent of the qualifications required must depend primarily upon the judgment of the state as to their necessity. If they are appropriate to the calling or profession, and attainable by reasonable study or application, no objection to their validity can be raised because of their stringency or difficulty.

Dent v. West Virginia, 129 U.S. 114, 121-22 (1889). One of the most important functions of government is the exercise of police power to preserve public health, safety and morals. Gambone, 101 A.2d at 637. The exercise of this police power activates substantive due process concerns. However, we have recognized that, to that end, the General Assembly may limit the enjoyment of personal liberty and property, as in the arena of professional discipline and licensure, as long as procedural due process requirements are met. Lvness, 605 A.2d 1209-10. In the instant matter, Auctioneer Khan was provided with notice of the charges against him, an opportunity to respond to those charges, and the opportunity to testify and present evidence on his behalf. This is all the procedural due process that is required.

The Commonwealth Court, however, perceived that, because there was no finding of guilt, the Virginia Consent Agreement could not form the basis for disciplinary action in Pennsylvania and that the absence of an admission or finding of guilt violated the due process rights of Auctioneer Khan.

The broad language of Section 20(a)(11) of the Act does not limit its application only to professional discipline imposed after a full hearing and adjudication on the merits, but sweeps broadly enough to include discipline imposed through consent orders and settlement agreements. The statute applies, by its terms, to any discipline imposed by another state on the licensed auctioneer after a finding of guilt.10 The focus of Section 20(a)(11) centers on the mere fact that a measure of discipline has been imposed on the licensee and does not concentrate on how or why it was imposed. 63 P.S. § 734.20(a)(11).

The Commonwealth Court found that, because the Virginia Consent Agreement specifically stated that, "the execution of this agreement does not constitute an admission of a violation of the Board's regulations by the undersigned[,]" that the agreement "could not constitute the basis to impose sanction

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