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SECRETARY JAMES A. FINK JOHN W. INHULSEN

KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.

LINDA S. HOTCHKISS, MD ANN A FRUSHOUR

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RECEPTIONISTISECRETARY

www.adbmich.org

NOTICE OF DISBARMENT

Case No. 18-128-MZ (Ref. 17 -24-GA)

Notice Issued: June 17, 2019

Dan A. Penning, P 39322,S uttons Bay,M County Hearing Panel #2.

ichigan,b y the Attorney Discipline Board Emmet

Disbarment,E ffective February 20,20191

The Grievance Administrator filed a petition for an order to show cause on November 26, 2018,seeking additional discipline for respondent's failure to comply with the hearing panel's Order of Suspension With Conditions (By Consent),i ssued October 3, 2017, when he held himself out as a lawyer and practiced law after the effective date of his 3D-month suspension. An Order to Show Cause was issued January 14,2019, and a hearing held February 20,2019.

Based on the evidence presented, the hearing panel found that respondent committed professional misconduct when he held himself out as a lawyer and practiced law after the effective date of his 30-month suspension, in violation of MCR 9.119(A), (D), and (E)(1)(4).

The panel ordered that respondent be disbarred from the practice law in Michigan. Costs were assessed in the amount of $2,007.58. a lV1ark A. Armitage Executive Director

1 Respondent has been continuously suspended from the practice of law in Michigan since October 25, 2017. Please see Notice of Suspension (By Consent), issued October2 5,2017.

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