Pittenger v. Collection Agency Licensing Bureau

BURKE, P. J.

Petitioner filed an application with the Collection Agency Licensing Bureau for registration as an employee of a collection agency. After an administrative hearing, petitioner’s application was denied under the Business and Professions Code, sections 6894.7, subdivisions (a) and (b), which specify grounds for refusal to register an employee; and 6930, which sets forth grounds for suspension or revocation of license. Petitioner sought a writ of mandate in the superior court alleging that the finding of fact made by the hearing officer and adopted by Collection Agency Licensing Bureau was supported only by slight evidence. The entire record of the administrative proceeding was before the trial court, and the matter was argued by counsel and submitted. The court made its own findings of fact and conclusions of law, and judgment was entered denying the petition for writ of mandate. This is an appeal from the judgment.

While employed by a collection agency, petitioner telephoned the personnel office of the Bendix Corporation. Petitioner stated to the personnel clerk that he was Mr. Anderson from the American Red Cross, and he was trying to reach one of their former employees whose brother was in town on an emergency leave. The personnel clerk advised “Mr. Anderson” that it was against company policy to give out either past or present employee addresses. She stated, however, that she would check with her supervisor in this case and call him back. “Mr. Anderson” furnished her with two telephone numbers.

The personnel clerk explained “Mr. Anderson’s” request to the supervisor and suggested that since this was the Red Cross calling perhaps the rules should be waived. The supervisor replied, “Well, yes, I guess in that case it’s all right; go ahead and give it to him. ’ ’ She returned the call, and the answering party stated, “The American Red Cross, Mr. Anderson.” The personnel clerk was suspicious and inquired, “Mr. Anderson, where is your office located, the American Red

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Cross office that you work for?” He gave an address, and after a quick check she found that it did not correspond with the American Red Cross address which was listed in the telephone directory. When confronted with this inconsistency, “Mr. Anderson” explained, “I am in a branch office.” His response was so calm and smooth that the personnel clerk decided she was probably being an alarmist, and she proceeded to furnish the address of the former employee.