Welcome to NALLOA Online

The National Auctioneer License Law Officials Association, or as it is more commonly known, NALLOA, has been in existence for almost 40 years.

Our organization serves as a forum of licensing board members and associate members, who communicate, endorse reciprocity and promote the common good in regulating the auction profession.

We constantly look for ways to improve reciprocity and make it easier to obtain and maintain a license in this manner.

Learn More About NALLOA »

Welcome to NALLOA Online

The National Auctioneer License Law Officials Association, or as it is more commonly known, NALLOA, has been in existence for almost 40 years.

Our organization serves as a forum of licensing board members and associate members, who communicate, endorse reciprocity and promote the common good in regulating the auction profession.

We constantly look for ways to improve reciprocity and make it easier to obtain and maintain a license in this manner.

Learn More About NALLOA »

Blog Archives

SOUTH DAKOTA AUCTION LAW, RULES & REGULATIONS, AND FEES

The South Dakota Board prefers to have only the direct link to their laws posted here, in order to be sure when viewing you will always have the most recent version.  The direct link is:

 

http://dlr.sd.gov/realestate/default.aspx




WISCONSIN AUCTION LAW, RULES & REGULATIONS, AND FEES

The Wisconsin Board of Auctioneers has opted to have only their direct link to their law listed here in order to assure that when viewing, the most recent version will be accessed.  The direct link is:

http://dsps.wi.gov/Boards-Councils/Board-Pages/Auctioneer-Board-Main-Page/




KENTUCKY AUCTION LAW, RULES & REGULATIONS, AND FEES

The Kentucky Board of Auctioneers has opted to have only the direct link posted here in order to assure when viewing it will always be the most recent version.  The direct link is:

http://www.auctioneers.ky.gov/Pages/Kentucky-Auction-Law.aspx




SOUTH CAROLINA AUCTION LAW, RULES & REGULATIONS AND FEES

The South Carolina Board has opted to only have the direct link to the aforementioned posted here in order to assure that when viewing this information it will be the most recent version.  The direct link is:

http://www.llr.sc.gov/pol/auctioneers/ondex.asp?file=laws.htm




VIRGINIA AUCTION LAW, RULES & REGULATIONS AND FEES

The Virginia Board has opted to only have the direct link to this information posted here so as to assure the most recent version when viewing.  The direct link is:

http:///www.dporvirginia.gov/uploadedFiles/MainSite/Content/Boards/Auctioneers/29REGS 10:01-09pdf




ARKANSAS AUCTION LAW, RULES & REGULATIONS AND FEE SCHEDULE

– CHAPTER 17 – § 17-17-101 – 17-17- 409 Chapter 17. Auctioneers. Subchapter 1. General Provisions.

17-17-101. Title.

17-17-102. Legislative intent.

17-17-103. Definitions.

17-17-104. Applicability – Exception.

17-17-105. License required – Penalty for violation.

17-17-106. Actions by auctioneers.

17-17-107. Municipal taxes.

17-17-108 – 17-17-111. [Repealed.]

17-17-112. Written contract.

17-17-113. Injunction.

17-17-114. Civil penalty.

17-17-115. Inspection – Cease and desist. Subchapter 2. Auctioneer’s Licensing Board.

17-17-201. Creation – Members.

17-17-202. Organization.

17-17-203. Employees – Supplies.

17-17-204. Secretary-treasurer – Disposition of funds.

17-17-205. Finances – Educational programs. 19

17-17-206. List of licensees.

17-17-207. Rules and regulations.

17-17-208. Proceedings.

17-17-209. Seal – Records. Subchapter 3. Licensing.

17-17-301. Qualifications – Examination.

17-17-302. Issuance and renewal – Change of location.

17-17-303. [Repealed.]

17-17-304. Nonresidents – Licensing generally.

17-17-305. Nonresidents – Reciprocity.

17-17-306. Nonresidents – Actions against.

17-17-307. Auction owners.

17-17-308. Suspension or revocation.

17-17-309. Investigation by board.

17-17-310. Advertisements.

17-17-311. Continuing education.

17-17-312. Criminal background checks. Subchapter 4. Auctioneer Education and Recovery Fund.

17-17-401. Auctioneer Education and Recovery Fund.

17-17-402. Applicability.

17-17-403. Construction.

17-17-404. Additional fee.

17-17-405. Disciplinary hearing – Recovery procedure.

17-17-406. Education. 20

17-17-407. Jurisdiction.

17-17-408. Appeal.

17-17-409. Subrogation – Suspension of license.

17-17-101. Title. This chapter shall be known and cited as the “Auctioneer’s Licensing Act”. History. Acts 1989, No. 266, § 2.

17-17-102. Legislative intent. It is hereby found and determined by the General Assembly that the current law pertaining to auctioneers is out of date and is not being enforced, there is no administrative agency to enforce the laws pertaining to auctioneers, Arkansas does not have the ability, without legislation, to enter into reciprocal agreements with other states to allow the persons licensed as auctioneers in Arkansas to engage in the business of auctioneering in other states, auctioneers are not required to establish an escrow account to handle money belonging to others, and without legislation the level of professionalism desired by auctioneers cannot be attained. Therefore, it is the purpose of this chapter to establish a board to license and regulate auctioneers, other than livestock auction barn auctioneers and auctioneers conducting certain kinds of auctions. History. Acts 1989, No. 266, § 1.

17-17-103. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Auctioneer” means any person who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving the same, by the means of, or process of, an auction or sale at auction, offers, negotiates, or attempts to negotiate, a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, or personal property, or of any other commodity which may lawfully be kept or offered for sale by or at public auction; (2) “Board” means the Auctioneer’s Licensing Board; (3) “Goods” means any chattels, goods, merchandise, or personal property, or commodities of any form or type which may be lawfully kept or offered for sale; (4) “Livestock auction barn” means a place where livestock is sold on a regular basis to the public; (5) “Livestock auction barn auctioneer” means an auctioneer who is solely engaged in the selling of livestock on a regular basis at one (1) or more locations; and (6) “Persons” includes individuals, associations, partnerships, and corporations, and the word “persons” shall also include the officers, directors, and employees of a corporation. History. Acts 1989, No. 266, § 3. 22

17-17-104. Applicability – Exception. (a) This chapter shall not apply to: (1) Sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree, or to any sale by law required to be at auction; (2) Any auction conducted by or for a nonprofit organization; (3) Any individual who offers his or her own goods for auction; or (4) A livestock auction barn auctioneer or any auction held on the premises of a livestock auction barn. (b) An auctioneer may work for an auction company who is licensed in the State of Arkansas in an emergency situation for a period of ninety (90) days but shall, after that time, meet all of the provisions of this chapter and shall make application and pay fees for the next testing date during the ninety-day period. History. Acts 1989, No. 266, § 4.

17-17-105. License required – Penalty for violation. (a) On and after July 1, 1989, it shall be unlawful for any person to act as an auctioneer or to advertise or to assume to act as either within this state without a license issued by the Auctioneer’s Licensing Board. (b) Any person who violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for a term not to exceed ninety (90) days, or both. History. Acts 1989, No. 266, §§ 4, 19.

17-17-106. Actions by auctioneers. No person engaged in the business of or acting in the capacity of an auctioneer shall bring or maintain any action in the courts of the State of Arkansas for the collection of compensation for any services permitted as an auctioneer without first alleging and proving that he or she was operating legally under the provisions of this chapter and was a duly licensed auctioneer at the time the alleged cause of action arose. History. Acts 1989, No. 266, § 15.

17-17-107. Municipal taxes. No person following for a livelihood the profession of an auctioneer shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following 23 or carrying on the profession by a municipality unless that person maintains a business office within that municipality. History. Acts 1989, No. 266, § 18.

17-17-108 – 17-17-111. [Repealed.]

17-17-112. Written contract. (a) An auctioneer may not sell the property of another at auction without a prior written contract with the seller which sets forth the terms and conditions upon which the auctioneer will sell the property. The licensee must retain a copy of each contract for at least three (3) years after the auction. (b) The Auctioneer’s Licensing Board is authorized to prescribe by regulations the minimum requirements which must be included in a written contract. History. Acts 1999, No. 1333, § 1.

17-17-113. Injunction. (a) Whenever there is reason to believe that any person, licensed or unlicensed, has violated any provision of this chapter or any order, license, decision, demand, or requirement issued or made pursuant to this chapter, the Auctioneer’s Licensing Board or its authorized representative may bring an action in the circuit court of any county in which the person resides or does business to enjoin such a person from continuing such a violation or engaging therein or doing any act or acts in furtherance thereof. (b) Whenever there is any action brought pursuant to this section, the circuit court shall have jurisdiction and authority to enter a preliminary or final injunction or such other relief as may be appropriate. History. Acts 1999, No. 1333, § 2.

17-17-114. Civil penalty. (a)(1) Whenever the Auctioneer’s Licensing Board finds that the holder of a license issued by the board is guilty of a violation of the rules of the board or the laws of the State of Arkansas pertaining to any occupation, profession, or business licensed or regulated by the board, it shall have the power and authority to impose a civil penalty and suspension or revocation of the license. (2) Upon imposition of a civil penalty, the board shall have the power and authority to require that the licensee pay a penalty to the board in regard to the violation with the sanction that the license may be suspended until the penalty is paid. (3) Before the imposition of any penalty, the board shall hold an investigation and hearing after notice to a licensee or his or her attorney. The penalty may be imposed only if the board 24 formally finds that the public health, safety, welfare, and morals would not be impaired thereby and that payment of the penalty will achieve the desired disciplinary result. (b) No penalty imposed by the board may exceed a total of one thousand dollars ($1,000). The power and authority of the board to impose these penalties shall not be affected by any other civil or criminal proceeding concerning the same violation. (c) If any person upon whom the board has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the board’s decision to impose the penalty, the amount of the fine shall be considered to be a debt owed to the board and may be collected by civil action by the board. (d) Any person penalized by the board under this chapter may appeal any order of the board in the manner now provided by law. (e) In addition to any other sanctions authorized by this chapter, the board may impose a civil penalty as provided in this section against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure pursuant to the provisions of this chapter. (f) The board is authorized to promulgate regulations to implement the provisions of this chapter. History. Acts 1999, No. 1333, § 3; 2003, No. 1748, §

17-17-115. Inspection – Cease and desist. (a) Subsequent to five (5) days after proof of receipt of certified mail by the alleged offending auctioneer or auction house of any alleged violation or violations, the Auctioneer’s Licensing Board or its authorized representative may enter the premises of any auction or auction house for the purpose of examining the license of an auctioneer or auction house, or both. (b) Should the board or its authorized representative find that an unlicensed auctioneer or auction house, or both, is practicing or offering to practice any actions requiring a license pursuant to the provisions of this chapter, the board or its authorized representative has the authority to demand that such unlicensed activity cease and desist immediately. (c) Any auctioneer or auction house, or both, refusing to allow the board or its authorized representative to inspect the premises of an auction or auction house for the purpose of examining the license of the auctioneer or auction house, or both, may be subject to a civil penalty. (d) Any unlicensed auctioneer or auction house, or both, found to be practicing or offering to practice any actions requiring a license pursuant to the provisions of this chapter who refuses to cease and desist such unlicensed activity upon the request of the board or its authorized representative will be subject to criminal or civil penalties, or both. History. Acts 1999, No. 1333, § 4. 25

17-17-201. Creation – Members. (a) There is hereby created the Auctioneer’s Licensing Board. The Governor shall appoint a board consisting of seven (7) members, four (4) of whom are licensed auctioneers and three (3) from the public at large, each of whom immediately prior to the date of his or her appointment has been a resident of the State of Arkansas for five (5) years. (b) The four (4) members who are auctioneers shall have been auctioneers for at least five (5) years. (c) Each member shall serve until his or her successor is appointed and qualified. All successor members shall serve terms of four (4) years and until their successors are elected and qualified. (d) Vacancies shall be filled by appointment of the Governor for the unexpired term. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. History. Acts 1989, No. 266, § 6; 1997, No. 250, § 125.

17-17-202. Organization. (a) The Auctioneer’s Licensing Board, immediately upon qualification of the member appointed in each year, shall organize by selecting from its members a chair. (b) A quorum of the board shall be four (4) members. History. Acts 1989, No. 266, § 6.

17-17-203. Employees – Supplies. (a) The Auctioneer’s Licensing Board shall have full authority to employ, and discharge, a secretary who shall also be the treasurer, and such other personnel as may be necessary to administer and enforce the provisions of this chapter. (b) The board shall obtain office space, furniture, stationery, and other proper supplies and conveniences reasonably necessary to carry out the provisions of this chapter. History. Acts 1989, No. 266, § 6.

17-17-204. Secretary-treasurer – Disposition of funds. (a) All fees, charges, and penalties collected by the Auctioneer’s Licensing Board under the provisions of this chapter shall be paid to the Secretary-treasurer of the Auctioneer’s Licensing Board, who shall be the custodian of all funds and shall deposit them in a bank or banks to be designated by the board. 26 (b) The secretary-treasurer shall execute a bond in an amount determined by the State Risk Manager pursuant to the self-insured fidelity program as authorized in § 21-2-701 et seq. (c)(1) The secretary-treasurer shall pay funds of the board only on vouchers signed by himself or herself and countersigned by the Chair of the Auctioneer’s Licensing Board. (2) The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, penalties, and other funds paid to the board under the provisions of this chapter. (d) The secretary-treasurer shall make semiannual financial reports in detail to the board not later than January 30 and July 30 of each year, which will be kept on permanent file by the board. History. Acts 1989, No. 266, § 6; 1999, No. 1333, §§ 5, 6.

17-17-205. Finances – Educational programs. The Auctioneer’s Licensing Board shall be financially self-sustaining, and, if funds permit, it may underwrite, within its financial limitations, educational programs for the enlightenment and benefit of the public and all auctioneers licensed under this chapter. History. Acts 1989, No. 266, § 6.

17-17-206. List of licensees. The Auctioneer’s Licensing Board shall annually publish a list of the names and addresses of all auctioneers licensed by it pursuant to this chapter. This list shall contain the names of all persons whose licenses have been suspended or revoked within the preceding year as well as any other information relative to the enforcement of the provisions of this chapter that the board may deem of interest to the public. History. Acts 1989, No. 266, § 6.

17-17-207. Rules and regulations. The Auctioneer’s Licensing Board shall have the authority to promulgate such rules and regulations as may be necessary to implement this chapter and may establish by regulation such forms as may be necessary to administer this chapter. History. Acts 1989, No. 266, § 6.

17-17-208. Proceedings. The Auctioneer’s Licensing Board shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. 27 History. Acts 1989, No. 266, § 13.

17-17-209. Seal – Records. (a) The Auctioneer’s Licensing Board shall adopt a seal by which it shall authenticate its proceedings. (b) Copies of all records and papers in the office of the board, duly certified and authenticated by the seal of the board, shall be received in evidence in all courts equally and with like effect as the original. (c) All records kept in the office of the board under the authority of this chapter shall be open to public inspection under such rules and regulations as shall be prescribed by the board. History. Acts 1989, No. 266, § 14.

17-17-301. Qualifications – Examination. (a) Auctioneer licenses shall be granted only to persons who are found to be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public. (b) The Auctioneer’s Licensing Board is authorized to require information from every applicant to determine the applicant’s honesty and truthfulness. (c)(1) In addition to proof of honesty, truthfulness, and good reputation, an examination conducted by the board or its authorized representatives shall be held four (4) times each year, and an examination fee of one hundred dollars ($100) shall be collected from each applicant to defray the expenses of the examination. (2) The examination shall include questions on ethics, reading, writing, spelling, elementary arithmetic, and a general knowledge of the laws of Arkansas and the Arkansas Code, including, but not limited to, contracts of sale, agency, leases, auctions brokerage, and the provisions of the Uniform Commercial Code, § 4-1-101 et seq. (d) In addition to the other qualifications provided for by this chapter, every applicant for an auctioneer’s license shall be at least eighteen (18) years of age. Every application for a license shall be submitted on forms prepared by the board. History. Acts 1989, No. 266, § 7; 1993, No. 1219, § 3; 2003, No. 1748, § 2.

17-17-302. Issuance and renewal – Change of location. (a)(1) No examination shall be required for the renewal of any present or future license unless the license has been revoked. In this case, the applicant shall take and pass the written examination offered by the Auctioneer’s Licensing Board before a new license may be issued. (2) Licensed auctioneers have a ninety-day grace period beyond a renewal date to renew a license. 28 (3) Penalty for late renewals will be two (2) times the sum of a normal license renewal fee. (b)(1)(A) The issuance fee for each auctioneer’s license shall be one hundred dollars ($100). (B) The annual renewal fee for each license shall be one hundred dollars ($100). (C) All licenses shall expire on June 30 of each year.

17-17-303. [Repealed.]

17-17-304. Nonresidents – Licensing generally. (a) A nonresident of this state may become a licensed auctioneer in this state by registering with the Auctioneer’s Licensing Board and confirming in writing that his or her actions will be regulated by this chapter and other applicable laws of this state as stated in this section and §§

17-17-305. Nonresidents – Reciprocity. (a) A person holding a license to engage in auctions issued to him or her by a proper authority of a state, territory, or possession of the United States of America or the District of Columbia having licensing requirements comparable to Arkansas and who in the opinion of the Auctioneer’s Licensing Board otherwise meets the requirements of this chapter may upon application be licensed without further examination. (b)(1) Nothing in this section and §§ 17-17-304 and 17-17-306 shall prevent the conducting of any auction in this state by any nonresident auctioneer if such an auctioneer is duly licensed by the state of his or her residence and that state, through reciprocity, permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in the other state without being required to obtain a license in the other state. (2) The license fee applicable to a nonresident auctioneer from another state which does not permit an auctioneer who is a resident of this state and who is duly licensed in this state to conduct auctions in the other state without being required to obtain a license in the other state shall be of the same amount that the other state charges auctioneers who are residents of this 29 state and who are duly licensed in this state to obtain a license to conduct an auction in the other state. (c) Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other state and temporarily present in this state shall conduct an auction in this state unless he or she acts in association with an auctioneer duly licensed in this state if the state in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in that state before an auctioneer duly licensed in Arkansas may conduct an auction in that state. History. Acts 1989, No. 266, § 10; 1991, No. 786, § 22.

17-17-306. Nonresidents – Actions against. In addition, every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the State of Arkansas, by the service of any summons, process, or pleading authorized by the law on the secretary of the Auctioneer’s Licensing Board. The consent shall stipulate and agree that the service of the process, summons, or pleading on the secretary shall be taken and held in all courts to be as valid and binding as if actual service had been made upon the applicant in Arkansas. In case any summons, process, or pleading is served upon the secretary of the board, it shall be by duplicate copies, one (1) of which shall be retained in the office of the board, and the other immediately forwarded by registered mail to the last known business address of the applicant against whom the summons, process, or pleading may be directed. History. Acts 1989, No. 266, § 10.

17-17-307. Auction owners. (a) If an auction owner is one other than the principal auctioneer, the auction owner shall apply for a license and meet all the provisions of this chapter. (b) When the owner of an auction company or the designated person of a corporation and the auctioneer are one and the same, only one (1) license shall be required. History. Acts 1989, No. 266, § 16.

17-17-308. Suspension or revocation. The Auctioneer’s Licensing Board may impose a civil penalty or suspend or revoke the license of an auctioneer for any of the following causes: (1) Obtaining a license through false or fraudulent representation; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise; 30 (3) Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession; (4) Commingling funds of others with his or her own or failing to keep the funds of others in an escrow or trustee account; (5) Paying valuable consideration to any person for services performed in violation of this chapter; (6) Being convicted of a criminal offense involving moral turpitude or a felony in a court of competent jurisdiction of this or any other jurisdiction; (7) Willfully violating a rule or regulation promulgated by the board; (8) Failing to enter into a written contract with the seller and to furnish voluntarily to the seller at the time of execution copies of all written instruments prepared by the auctioneer, including the contract; (9) Any conduct of an auctioneer that demonstrates bad faith, dishonesty, incompetency, untruthfulness, or deceptive practices; (10) Any other conduct that constitutes improper, fraudulent, or dishonest dealings, including falsely accusing any auctioneer or auction house; (11) Failing to complete or submit the continuing education requirements as specified by this chapter and the rules and regulations adopted by the board; or (12) Failing to disclose the buyer’s premium in all advertising associated with an auction. History. Acts 1989, No. 266, § 11; 1999, No. 1333, § 7; 1999, No. 1506, § 2; 2001, No. 1258, § 1; 2003, No. 1748, § 4.

17-17-309. Investigation by board. The Auctioneer’s Licensing Board may, upon its own motion, and shall, upon the verified written complaint of any person, investigate the actions of any auctioneer or any person who assumes to act in that capacity, if the complaint, or complaint together with other evidence presented in connection with it if true, would be a violation of this chapter. History. Acts 1989, No. 266, § 12.

17-17-310. Advertisements. Each and every advertisement by an auctioneer or consignment auction house shall include the number of the license issued to the auctioneer or auction company by the Auctioneer’s Licensing Board. 31 History. Acts 1989, No. 266, §

17. 17-17-311. Continuing education. (a) Except as provided in subsection (c) of this section, every application to the Auctioneer’s Licensing Board for annual renewal of the license of an auctioneer shall be accompanied by proof that the applicant has satisfactorily completed six (6) hours of continuing education in approved programs within the preceding twelve-month period. No auctioneer’s license shall be renewed unless the application for renewal is accompanied by the proof required in this section. (b) All programs of continuing education for licensed auctioneers shall be subject to approval of the board. The board is authorized to prescribe by regulations the minimum standards and requirements for continuing education programs for auctioneers, the procedures and policies for administering such programs, and the manner and conditions under which credit will be granted for participation in such programs. (c) The continuing education requirements of this section shall not be applicable to any person who has been licensed as an auctioneer or auction house owner or operator by the board for a period of ten (10) consecutive years or more and who is at least fifty-five (55) years of age. History. Acts 1999, No. 1506, § 1; 2001, No. 1754, § 1.

17-17-312. Criminal background checks. (a) Beginning July 16, 2003, each first-time applicant for a license issued by the Auctioneer’s Licensing Board and each applicant seeking reinstatement of an expired license from the board shall be required to apply to the Identification Bureau of the Department of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Department of Arkansas State Police shall forward to the board all information obtained concerning the applicant in the commission of any offense listed in subsection (f) of this section. (e) At the conclusion of any background check required by this section, the Identification Bureau of the Department of Arkansas State Police shall promptly destroy the fingerprint card of the applicant. (f) No person shall be eligible to receive or hold a license issued by the board if that person has pleaded guilty or nolo contendere to, or been found guilty of, any of the following offenses 32 by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Capital murder, as prohibited in § 5-10-101; (2) Murder in the first degree and second degree, as prohibited in §§ 5-10-102 and 5-10- 103; (3) Manslaughter, as prohibited in § 5-10-104; (4) Negligent homicide, as prohibited in § 5-10-105; (5) Kidnapping, as prohibited in § 5-11-102; (6) False imprisonment in the first degree, as prohibited in § 5-11-103; (7) Permanent detention or restraint, as prohibited in § 5-11-106; (8) Robbery, as prohibited in § 5-12-102; (9) Aggravated robbery, as prohibited in § 5-12-103; (10) Battery in the first degree, as prohibited in § 5-13-201; (11) Aggravated assault, as prohibited in § 5-13-204; (12) Introduction of a controlled substance into the body of another person, as prohibited in § 5-13-210; (13) Terroristic threatening in the first degree, as prohibited in § 5-13-301; (14) Rape, as prohibited in § 5-14-103; (15) Sexual indecency with a child, as prohibited in § 5-14-110; (16) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in §§ 5-14-124 – 5-14-127; (17) Incest, as prohibited in § 5-26-202; (18) Offenses against the family, as prohibited in §§ 5-26-303 – 5-26-306; (19) Endangering the welfare of an incompetent person in the first degree, as prohibited in § 5-27-201; (20) Endangering the welfare of a minor in the first degree, as prohibited in § 5-27-203; (21) Permitting the abuse of a child, as prohibited in § 5-27-221(a)(1) and (3); 33 (22) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, or use of a child or consent to use of a child in a sexual performance by producing, directing, or promoting a sexual performance by a child, as prohibited in §§ 5-27-303 – 5-27-305, 5-27-402, and 5-27-403; (23) Felony adult abuse, as prohibited in § 5-28-103; (24) Theft of property, as prohibited in § 5-36-103; (25) Theft by receiving, as prohibited in § 5-36-106; (26) Arson, as prohibited in § 5-38-301; (27) Burglary, as prohibited in § 5-39-201; (28) Felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 – 5-64-608, as prohibited in § 5-64-401; (29) Promotion of prostitution in the first degree, as prohibited in § 5-70-104; (30) Stalking, as prohibited in § 5-71-229; and (31) Criminal attempt, criminal complicity, criminal solicitation, or criminal conspiracy, as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection. (g)(1) The provisions of subsection (f) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; and (F) Character references. 34 (h)(1) Any information received by the board from the Identification Bureau of the Department of Arkansas State Police under this section shall not be available for examination except by the: (A) Affected applicant for licensure, or his or her authorized representative; or (B) Person whose license is subject to revocation, or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Department of Arkansas State Police. (i) Any information made available to the affected applicant for licensure or to the person whose license is subject to revocation shall be information pertaining to that person only. (j) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (k) The board shall adopt the necessary rules and regulations to fully implement the provisions of this section. History. Acts 2003, No. 834, § 1.

17-17-401. Auctioneer Education and Recovery Fund. (a) The Auctioneer’s Licensing Board shall establish a separate high interest bearing account in a bank located in this state. The account shall be referred to as the “Auctioneer Education and Recovery Fund” and shall only be used for education and recovery purposes as detailed in this chapter. (b) The fees collected under §17-17-404 shall be deposited into the Auctioneer Education and Recovery Fund. History. Acts 1999, No. 227, § 3.

17-17-402. Applicability. The provisions of this subchapter shall apply only to: (1) Auctioneers who were licensed at the time of the occurrence of the acts or violations complained of; and (2) Acts or violations which occur after December 31, 1999. History. Acts 1999, No. 227, § 3.

17-17-403. Construction. Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person. History. Acts 1999, No. 227, § 3. 35

17-17-404. Additional fee. (a) Except as provided in subsection (b) of this section, each auctioneer shall pay to the Auctioneer’s Licensing Board at the time of initial licensure and at each annual renewal a fee as the board may require, not to exceed one hundred dollars ($100). This fee shall be in addition to the other fees provided for in this chapter. (b) When the balance in the Auctioneer Education and Recovery Fund reaches one hundred eighty thousand dollars ($180,000), the fee shall be suspended until the fund balance falls to one hundred thousand dollars ($100,000) at which time the collection of the fee shall resume until the fund balance reaches one hundred eighty thousand dollars ($180,000). History. Acts 1999, No. 227, § 3.

17-17-405. Disciplinary hearing – Recovery procedure. (a)(1) In any disciplinary hearing before the Auctioneer’s Licensing Board which involves any licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred. (2) If so, the board shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-17-407. (3) The board shall then direct the licensee to pay that amount to the aggrieved party or parties. (4)(A) If that amount has not been paid within thirty (30) calendar days following entry of the board’s final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified. (B) However, the board shall not: (i) Pay in excess of five thousand dollars ($5,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or (ii) Pay an amount in excess of the fund balance. (b) The question of whether certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the board. (c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of five thousand dollars ($5,000) with respect to: (1) The acts of any one (1) licensee; or (2) Any group of related claims. 36 (d) Whether a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the board. (e) When unsatisfied or pending claims are such that they exceed the limits payable under subsection (c) of this section, the board shall be the sole determinant of how the available funds shall be allocated among such claims. History. Acts 1999, No. 227, § 3.

17-17-406. Education. The Auctioneer’s Licensing Board, in its discretion, may use any funds in the Auctioneer Education and Recovery Fund in excess of the one-hundred-eighty-thousand-dollar level, regardless of whether it is from the fund fees or accrued interest thereon for any or all of the following purposes: (1) To carry out the advancement of education in the auction field for the benefit of those licensed under the provisions of this chapter; (2) To assist in the improvement and efficiency of the auctioneering profession; and (3) To underwrite educational seminars and other forms of educational projects for the use and benefit of auctioneer licensees. History. Acts 1999, No. 227, § 3.

17-17-407. Jurisdiction. (a) The Auctioneer’s Licensing Board’s jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-17-405 is limited to actual, compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages. (b) The appellate jurisdiction of the circuit court is limited to the awarding of actual, compensatory damages. (c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter. (d) The circuit court’s jurisdiction over the Auctioneer Education and Recovery Fund shall be limited to appeals from the board’s orders. (e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either: (1) The amount determined by the board; or (2) The limits set forth in § 17-17-405. History. Acts 1999, No. 227, § 3. 37

17-17-408. Appeal. (a) An appeal may be taken to the circuit court from a final order of the Auctioneer’s Licensing Board in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal shall automatically stay that portion of the board’s order which directs the payment of damages, and neither the licensee nor the board shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Arkansas Supreme Court. History. Acts 1999, No. 227, § 3.

17-17-409. Subrogation – Suspension of license. Upon the payment by the Auctioneer’s Licensing Board of any amount of money under § 17- 17-405: (1) The recipients of the payment, to the extent of the payment, shall assign to the board all rights and claims that they may have against the licensee involved; (2) The board shall be subrogated to all of the rights of the recipients of the payment, to the extent of the payment; and (3) In addition to any other disciplinary action taken against the licensee on the merits of the hearing, his or her license shall be immediately suspended until he or she has completely reimbursed the board for the payment plus interest at a rate to be determined by the board. History. Acts 1999, No. 227, § 3. 38

RULES & REGULATIONS

  1. STATEMENT OF ORGANIZATION AND OPERATIONS
  2. INFORMATION FOR PUBLIC GUIDANCE
  3. GENERAL INFORMATION
  4. RULE MAKING AUTHORITY
  5. EMERGENCY RULE-MAKING.
  6. DECLARATORY ORDERS.
  7. PRACTICES AND PROCEDURES FOR AUCTIONEERS
  8. RECOVERY FUND
  9. REQUIREMENTS AND QUALIFICATIONS FOR APPLICATION AND LICENSURE
  10. RECIPROCAL REQUIREMENTS AND QUALIFICATIONS FOR APPLICATION AND LICENSE.
  11. DENIAL OF APPLICATION FOR LICENSURE.
  12. ANNUAL LICENSE RENEWAL
  13. CONTINUING EDUCATION
  14. COMPLAINTS
  15. ADJUDICATIVE HEARINGS.
  16. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE
  17. SANCTIONS AND PENALTIES
  18. DISCLOSURE.
  19. SEVERABILITY

 

RULES OF THE ARKANSAS AUCTIONEERS LICENSING BOARD

1. STATEMENT OF ORGANIZATION AND OPERATIONS Arkansas Auctioneers Licensing Board was created to define and regulate the profession of auctioneers and auction house owners, by prescribing the qualifications of the licensee and to provide a means to impose penalties against those licensees found to be in violation of the act against the public. Pursuant to the Auctioneers Licensing Act originally adopted in 1989, the Arkansas Auctioneers Licensing Board promulgates and adopts the following rules and regulations in accordance with §17-17-207 concerning official action of the Board and the regulations of the business of auctioning.

2. INFORMATION FOR PUBLIC GUIDANCE 2.1. REQUEST FOR INFORMATION. Board makes available a list of persons holding certain responsibilities for handling FOIA request, licensing questions, and complaints against licensees so that the public may obtain information about the Board or make submissions or request. The names, mailing addresses, telephone numbers, and electronic addresses can be obtained by contacting the Board’s office. 2.2. OFFICIAL FORMS, POLICIES, ORDERS AND MEMORANDUM. Board maintains a list of official forms used by the Board and a list of all formal, written statement of policy and written interpretative memoranda, and orders, decisions and opinions resulting from adjudications, which may be obtained from the Board’s office. 2.3. COPIES. Copies of all forms used by the Board, written statements of policy and written interpretive memoranda, and all orders issued by the Board, excluding materials related to written and practical testing, may be obtained from the Board’s office.

3. GENERAL INFORMATION. 3.1. DESCRIPTION OF ORGANIZATION. The officers of the Auctioneers Licensing Board shall be a chairman and vice- chairman. The Board shall elect officers from its membership at its first regular meeting of the year, and each officer shall serve for a term of one year or until his/her successor is elected and duly qualified. If a vacancy occurs, the Board shall elect a successor to complete the balance of the unexpired term of office. The Executive Secretary shall serve as the Board’s SecretaryTreasurer and shall be the custodian of all funds. 41 3.2. MEETINGS OF THE BOARD. Regular meetings of the Board shall be held at least four times each year at a time and place determined by the Board. Other meetings of the Board shall be called by the Chairman or upon the written request of two Board members. Correspondence shall be directed to the office of the Executive Secretary, whose address is 101 East Capitol, Suite 112B, Little Rock, Arkansas 72201. Meetings of the Board shall be conducted in accordance with Robert’s Rules of Order except where such rules conflict with these rules and regulations. 3.3. QUORUM. Four members of the Board shall constitute a quorum for the transaction of business. All official action of the Board must be approved by the majority vote of the members present. 3.4. AGENDA. The Secretary-Treasurer will prepare the agenda for regular and special meetings. The agenda will be distributed to Board members and made available to the public in advance of the meeting. The agenda should state with specificity the items that will be considered at the meeting or hearing. The agenda should include the following topics, as applicable; the Call to Order, Review of Minutes, Old Business, New Business, Other Business, Adjudicatory Hearings, Rule-making hearings and Public Comment. The order of the agenda items is tended to be flexible and may be adjusted to meet the needs of the Board. The agenda may be amended by appropriate motion. 3.5. AMENDMENT TO RULES AND REGULATIONS. These rules and regulations may be amended at any regular or special meeting of the Board, provided such proposed amendments have been submitted to all members of the Board at least 10 days prior to the meeting at which the amendment is to be considered. The specified 10-day notice may be waived provided there is unanimous written consent of all Board members. All requirements of the Arkansas Administrative Procedures Act shall be complied with prior to the final adoption of an amendment to these Rules and Regulations. 3.6. FISCAL YEAR OF THE BOARD. The fiscal year of the Board shall be from July 1 to June 30. 3.7. LIST OF LICENSEES. The Board shall annually prepare a list of the names and addresses of all auctioneers licensed by it. This list shall contain the names of all persons whose licenses have been suspended or revoked within the preceding year as well as other information the Board deemed relative to the enforcement. A copy of this list may be obtained from the Executive Secretary by submitting a $4.00 fee payable by check or money order. 42 3.8. FINANCIAL AFFAIRS. The current rules and regulations of the Arkansas Department of Finance and Administration shall be followed in the financial affairs of the Board. 3.9. COMPENSATION. Board members shall be compensated pursuant to Ark. Code Ann. § 25-16-901 et seq.

4. RULE MAKING AUTHORITY. 4.1. The Board has been authorized by the Legislature to promulgate rules. Ark. Code Ann. § 17-17-207. The Board follows the procedural requirement of the Arkansas Administrative Procedures Act, in particular Ark. Code Ann. §25-15-203 and §25-15-204. Additionally, the Board is required to abide by the provisions of Ark. Code Ann. §10-3-309.

5. EMERGENCY RULE-MAKING. 5.1. REQUEST. The proponent of a rule may request the Board to adopt an emergency rule. In addition to the text of the proposed rule or amendment to an existing rule and any other information required by the Administrative Procedures Act, the proponent will provide a written statement setting out the facts or circumstances that would support a finding of imminent peril to the public health, safety, or welfare. 5.2. ACTION UPON RECEIPT OF REQUEST. Upon receipt of the written statement requesting an emergency rule-making and documents or other evidence submitted in support of the assertion that an emergency exists, the Board will make an independent judgment as to whether the circumstances and facts constitute an imminent peril to the public health, safety, or welfare requiring adoption of the rule upon fewer than 30 days notice. If the Board determines that the circumstances warrant emergency rule-making, it will make a written determination that sets out the reasons for the Board’s finding that an emergency exists. Upon making this finding, the Board may proceed to adopt the rule without any prior notice or hearing, or it may determine to provide an abbreviated notice and hearing. 5.3. EFFECTIVE DATE OF EMERGENCY RULE. The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Board finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The Board will file with the rule its written findings justifying the determination that emergency rule-making is appropriate and, if applicable, the basis for the effective date of the emergency rule being less than ten days after the filing 43 of the rule pursuant to A.C.A. §25-15-204(e). The Board will take appropriate measures to make emergency rules known to persons who may be affected by them.

6. DECLARATORY ORDERS. 6.1. PURPOSE AND USE. A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Board has authority. A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules or orders may apply to the petitioner’s particular circumstances. A declaratory order is not the appropriate means of determining the conduct of another person or for obtaining a policy statement of general applicability from a Board. A petition or declaratory order must describe the potential impact of statutes, rules or orders upon the petitioner’s interest. 6.2. PETITION. The process to obtain a declaratory order is begun by filing with the Board a petition that provides the following information: 6.2.1. The caption shall read: Petition for Declaratory Order Before the Arkansas Auctioneers Licensing Board. 6.2.2. The name, address, telephone number and facsimile number of the petitioner. 6.2.3. The name, address, telephone number, and facsimile number of the attorney of the petitioner. 6.2.4. The statutory provision(s), Board rule(s), or Board order(s) on which the declaratory order is sought. 6.2.5. A description of how the statute, rules, or orders may substantially affect the petitioner and the petitioner’s particular set of circumstances, and the question or issue on which petitioner seeks a declaratory order. 6.2.6. The signature of the petitioner or petitioner’s attorney. 6.2.7. The date. 6.2.8. A request for a formal hearing, if desired. 6.3. DISPOSITION. 6.3.1. The Board may hold a hearing to consider a petition for declaratory statement. If a hearing is held, it shall be conducted in accordance with Ark. Code Ann. § 25-15-208 and §25-15-213, and the Board’s rules for adjudicatory hearing. 44 6.3.2. The Board may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts. Within ninety (90) days of the filing of the petition, the Board will render a final order denying the petition or issuing a declaratory order.

7. PRACTICES AND PROCEDURES FOR AUCTIONEERS 7.1. LICENSED REQUIRED. On and after July 1, 1989, it shall be unlawful for any person to act as an auctioneer or to advertise or to assume to act as an auctioneer within this state without a license issued by the Auctioneers Licensing Board. 7.2. AUCTIONING OWN GOODS. When one is auctioning his/her own goods without a license that person must have a legal interest in all merchandise to be sold as one’s “own goods”. Consignment goods are not considered one’s “own goods”. 7.3. EMERGENCY AUCTIONEER. When an auctioneer or auction house owner exhausts all efforts to hire a licensed auctioneer and is unable to hire a licensed auctioneer, the auctioneer or auction house owner must request an exception under the emergency clause enabling him/her to use an unlicensed person. In order to enact the emergency clause, the auctioneer or auction house owner must contact the Board office immediately. 7.4. WRITTEN CONTRACT 7.4.1. Written Contract Required. Any agreement to provide auctioneer services shall be reflected in a written contract. A contract may be a simple written agreement but shall include the following: 7.4.1.1. Date of agreement; 7.4.1.2. Specific date, time and location of auction; 7.4.1.3. Special terms and conditions; 7.4.1.4. Commission charged; 7.4.1.5. Other expenses; 7.4.1.6. Signatures of auctioneer or auction house owner and seller(s); and, 7.4.1.7. Agreement must include whether the auction is absolute or with reserve and; 7.4.1.8. The amount of any buyer’s premium to be charged. 7.4.2. Contract Must Be Signed Before Auction Conducted. The auction must not be held prior to obtaining the auction contract. 45 7.5. ADVERTISING 7.5.1. Absolute Auction. Any auction which is to be an absolute auction shall be listed as such in advertisements for that auction. If an auction is advertised as absolute, all high bids must be accepted and ownership transferred. 7.5.2. License Number Required. Any auctioneer or consignment auction house who advertises to hold or conduct an auction shall include in such advertisement his/her/its name and designate whether auctioneer or auction house owner, business address, license number and such other reasonable information deemed necessary or appropriate for such sale. 7.6. AUCTIONS – REQUIRED PROCEDURES – STANDARDS FOR AUCTION 7.6.1. Board Authorized to Attend Auctions. Board member(s) or employee(s) shall have the authority to attend any auction for the purpose of checking records of an auction and for any other purpose. 7.6.2. Settlement of Proceeds Made Within Ten Days. Settlement of any money received from auction of another person’s goods shall be made within ten (10) business days of the auction. 7.6.3. Terms and Conditions. Terms and conditions of each auction must be announced at the beginning of the auction. 7.7. MAINTAINING RECORDS OF AUCTION. All auctioneers or auction house owners shall maintain records of the auctions for a period of three (3) years. 7.8. ESCROW ACCOUNTS. Funds in Separate Account. An auctioneer/auction house owner shall be required to place any funds belonging to someone else in an account separate from his/her personal or business account. This separate account is called an “escrow account” and is required of persons who handle the funds of others §17-17-308(4). Only one escrow account is required and money from several auctions may be placed in it at one time. Interest bearing accounts are not illegal provided that all the parties agree to the disposition of the interest.

8. RECOVERY FUND 8.1. PAYMENT TO RECOVERY FUND. Each auctioneer shall pay to the Board, at the time of initial licensure and at each annual renewal, a recovery fund fee of one hundred dollars ($100.), in addition to all other fees assessed. Payment of this fee shall continue until such time as the fund shall reach $180,000. All applicants for renewal and all new licensees shall pay one hundred ($100.) per year for a 46 minimum of two years and shall continue to pay until such time as the recovery fund reaches $180,000. At the time the fund balance falls to $100,000, or below, each licensee shall pay a proportionate amount established by the Board. 8.2. PAYMENT OF DAMAGES. Damages from the recovery fund may be paid upon request only if, after ordering a licensee to pay a specified amount to an aggrieved person(s), the licensee fails to do so within thirty (30) calendar days and the order has not been appealed. 8.3. REQUIREMENTS FOR PAYMENT. In order to receive payment from the recovery fund, an aggrieved party must submit a request for payment, which request must contain: 8.3.1. Amount requested to be paid; 8.3.2. Name and address of payee; 8.3.3. Complaint number; and 8.3.4. Notarized, signed statement setting forth whether any amounts have been paid to the aggrieved party by licensee. 8.4. BOARD MAY AWARD ONLY COMPENSATORY DAMAGES. The Board’s jurisdiction and authority to award damages to an aggrieved party from the recovery fund is limited to actual, compensatory damages. The Board shall not award punitive or exemplary damages, nor shall it award interest on damages. 8.5. PAYMENT LIMITED TO $5,000.00. The Board shall not pay in excess of five thousand dollars ($5,000.00) for: 8.5.1. Any one (l) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or 8.5.2. The acts of any one (l) licensee; or 8.5.3. Any group of related claims. 8.6. DISCRETION OF THE BOARD. It shall be a matter solely within the discretion and judgment of the Board whether certain violations constitute a continuing series of violations or a group of related claims.

9. REQUIREMENTS AND QUALIFICATIONS FOR APPLICATION AND LICENSURE 9.1. GENERAL. All board action regarding licensure shall be governed by Ark. Code Ann. §§ 17-17-101 et seq. and, when applicable Ark. Code Ann. §§ 25-15-208 through 213. 47 9.2. REQUIREMENT TO KEEP CURRENT ADDRESS ON FILE. All persons holding a license issued by the board are required to provide the board with information so that the board can remain in contact and provide notice of complaints and/or hearings. The licensee is required to provide is required to provide written notice to the board of any change in business location and/or residential address within 30 days of the change. Service of notices of hearing sent by mail will be addressed to the latest address on file with the board. 9.3. APPLICANT QUALIFICATIONS. Each applicant for a license shall make application to the Board upon a form and in such a manner as the Board may require at least thirty (30) days prior to the date of examination. Each applicant shall: 9.3.1. Be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public. In furtherance of this requirement, each applicant, shall provide two letters of reference to the Board which indicates the applicant is wellknown to the individual, that he/she is of good moral character and bears a good reputation for honesty, truthfulness and integrity; 9.3.2. At least 18 years of age; 9.3.3. Provide a completed application; 9.3.4. Provide a completed Individual Record Check Form; 9.3.5. Provide a completed FBI Fingerprint Card; 9.3.6. Enclose a check or money order for an examination fee of $100.00; 9.3.7. Enclose a check or money order for a license fee of $100.00 (if applying for reciprocity see Section 4 below); 9.3.8. Enclose a check for $22.00 made payable to Arkansas Auctioneers Licensing Board for a state background check; 9.3.9. Enclose a check for $19.25 made payable to the Arkansas State Police for a federal background check; 9.3.10. Enclose a check or money order for the Recovery Fund fee of $100.00; 9.3.11. Enclose a current photograph full-face, passport-type (2”x2”) of head and shoulders taken within the past six months. 48 9.3.12. Submit to a Criminal Background Check. All individuals seeking initial licensure as an auctioneer or an individual seeking reinstatement of licensure as an auctioneer in the State of Arkansas shall submit to a State and Federal Criminal Background check. 9.3.13. Disqualifying Conviction. Applicants for which a disqualifying conviction is reported on the criminal background check will be notified that they are ineligible to hold an auctioneer license. The applicant shall have thirty (30) days from the date of the notification letter to request, in writing, a waiver by the Board of the disqualifying conviction. Upon proper request, a hearing before the Board will be conducted to determine whether or not a waiver will be granted. 9.4. Requirements for Licensing. In addition to providing a completed application and fees required by Section 9.3 herein, applicants must pass separate written and oral examinations. An applicant for an auctioneer license must pass each exam with a score of 70% or better. An applicant for an auction house license must only take the written portion of the exam and pass it with a score of 70% or better. 9.5. AUCTIONEER LICENSE REQUIRED. If the owner of an auction company or the designated person of a corporation and the auctioneer are one and the same, only one auctioneer’s license need be obtained. 9.6. AUCTION HOUSE LICENSE. An auction house license shall be issued in the name of one person only. Continuing education hours for out of state corporations owning an auction house may be obtained by the general manager or designated person. 9.7. NONRESIDENT APPLICANTS. Every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the State of Arkansas in addition to all requirements listed in this section. 9.8. REVIEW OF APPLICATION. The application and supporting documentation will be reviewed by the Secretary-Treasurer. If it is determined that the application is incomplete, the Secretary-Treasurer will inform the applicant in writing and will specify why the application is incomplete. The application process will be suspended. When a completed application, a supplemental application, or the requested 49 information is returned, the Secretary-Treasurer will reinitiate action on the application for license. If all requirements are met, the applicant will be allowed to take the licensing examination. 9.9. DURATION OF APPLICATION. 9.9.1. Applications are active for twelve (12) calendar months from the date the application is received in the Board office. 9.9.2. If the application process is not completed and the license issued in the twelve months, an applicant may request Board approval for an extension of the twelve month application window. If an extension is not requested, or is denied, the application becomes void and the individual must apply as any new applicant at any future date. 9.9.3. If new requirements have been placed for applicants in the twelve-month window the Board may require that the new requirements be met within the extension period as part of the application extension approval. 9.9.4. A second extension period will not be considered by the Board. 9.10. RECORD RETENTION. Applications for licensure and supporting documentation will be maintained by the Board office for a period of three (3) years. 9.11. WRITTEN EXAMINATION FOR LICENSURE. The Board shall establish the contents of the examinations for licensure and shall conduct an examination of applicants for licensure at least four (4) times each year at a time and place specified by the Board.

10 RECIPROCAL REQUIREMENTS AND QUALIFICATIONS FOR APPLICATION AND LICENSE 10.1 RECIPROCAL APPLICANT. A person holding a license to engage in auctions issued to him/her by a proper authority of a state, territory, or possession of the United States of America or the District of Columbia which other state has entered into a Reciprocal Agreement with Arkansas may upon application be licensed without further examination. 10.2 RECIPROCAL APPLICANT QUALIFICATIONS. Each applicant for a license through reciprocity shall make application to the Board upon a form and in such a manner as the Board may require and shall: 10.2.1 Be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public. In furtherance of this requirement, each applicant, shall provide two letters of reference to the Board which indicates the applicant 50 is well-known to the individual, that he/she is of good moral character and bears a good reputation for honesty, truthfulness and integrity; 10.2.2 At least 18 years of age; 10.2.3 Provide a completed application; 10.2.4 Provide a completed Individual Record Check Form; 10.2.5 Provide a completed FBI Fingerprint Card; 10.2.6 Enclose a check or money order for a license fee the same amount he/she pays in his/her residential state unless that amount is under $100.00. If the license fee in their state is less than $100.00, the license fee amount shall be $100.00; 10.2.7 Enclose a check for $22.00 made payable to the Arkansas Auctioneer Licensing Board for a state criminal background check; 10.2.8 Enclose a check for $19.25 made payable to the FBI for a federal criminal background check; 10.2.9 Enclose an additional check or money order for a recovery fund fee of $100.00; 10.2.10 Enclose a current photograph full-face, passport-type (2”x2”) of head and shoulders taken within the past six months; and, 10.2.11 Submit a statement of irrevocable consent that actions may be commenced against him/her in any court of competent jurisdiction in the State of Arkansas. 10.2.12 Submit a criminal background check report from their home state’s State Law Enforcement Agency. 10.2.13 Submit to a Criminal Background Check. All individuals seeking reciprocal licensure as an auctioneer or an individual seeking reinstatement of reciprocal licensure as an auctioneer in the State of Arkansas shall submit to a State and Federal Criminal Background check. State background checks will include Arkansas and the home state of the applicant. 10.2.14 Disqualifying Convictions. Applicants for which a disqualifying conviction is reported on the criminal background check will be notified that they are ineligible to hold an auctioneer license. The applicant shall have thirty (30) days from the date of the notification letter to request, in writing, a waiver by the Board of the disqualifying 51 conviction. Upon proper request, a hearing before the Board will be conducted to determine whether or not a waiver will be granted. 10.3 RECIPROCAL AUCTIONEER LICENSE REQUIRED. If the owner of an auction company or the designated person of a corporation and the auctioneer are one and the same, only one auctioneer’s license need be obtained. 10.4 RECIPROCAL AUCTION HOUSE LICENSE. An auction house license shall be issued in the name of one person only. 10.5 RECIPROCAL LICENSE FEE. The license fee applicable to a nonresident applicant from a state with which we have a Reciprocal Agreement shall be the same amount that such other reciprocal state charges auctioneers/auction house owners who are residents of this state and who are duly licensed in this state to obtain a license to conduct an auction in such other state.

11 DENIAL OF APPLICATION FOR LICENSURE. 11.1 OPPORTUNITY FOR HEARING. Except for failure to pass the license examination, if a determination is made that the application should be denied; the Board will inform the applicant of the opportunity for a hearing on the application. The grounds or basis for the proposed denial of a license will be set forth in writing by the Board. 11.2 HEARING REQUEST. The applicant must request, in writing, a hearing on the denial of application within 30 days of the denial notice. Any hearing on the denial of a license will be conducted in accordance with Ark. Code Ann. §25-15-208 and Ark. Code Ann. §25-15-213, and unless otherwise provide by law, the applicant has the burden of establishing entitlement to the license.

12 ANNUAL LICENSE RENEWAL 12.1 RENEWAL OF LICENSE. All licenses expire on June 30 of each year. Applications for license renewal postmarked by June 30 shall include a license renewal fee of $100.00 and proof of required Continuing Education hours. 12.2 LATE RENEWAL. Licensed auctioneers have a ninety (90) day grace period beyond June 30 to renew a license. Application for renewal of license must be postmarked no later than September 30 of the renewal year. Each application for late renewal shall include a renewal fee of $200.00 and proof of required Continuing Education hours. 52 12.3 DENIAL OF APPLICATION FOR RENEWAL. An application for renewal of license may be denied if the auctioneer has been convicted in a court of competent jurisdiction of this or any other jurisdiction of a criminal offense involving moral turpitude or a felony which demonstrates bad faith, dishonesty, incompetency, untruthfulness, or deceptive practices or has failed to submit proof of the continuing education requirements. 12.4 FAILURE TO RENEW LICENSE. INACTIVE STATUS. Any license not renewed on or before September 30 shall be considered inactive. The licensee shall be notified of the inactive status of the license and directed to cease and desist any auctioneer activities. 12.5 REINSTATEMENT FROM INACTIVE STATUS. An inactive license may be reinstated for a period of nine (9) months following the September 30th deadline for license renewal. The inactive licensee will be reinstated upon payment the late renewal penalty and submission of required continuing education hours. A license which has been inactive for more than nine (9) months following the September 30th for license renewal must reapply for licensure pursuant to the Rule and Regulations for new applicants at the time of the new application for licensure. 12.6 LICENSE RENEWAL – SPECIAL CIRCUMSTANCES 12.6.1 Military – Individuals called up for active duty military service shall be entitled to late renew within one (1) year following return from active duty by payment of the current license renewal fee and submission of six (6) hours of Continuing Education within the next license year. 12.6.2 Disaster Relief – Individuals, whose employment requires them to participate in disaster relief services, failing to renew due to disaster relief shall be entitled to renew for the current renewal period with no Continuing Education hours but will be required to obtain twelve (12) hours of Continuing Education during the next year prior to the next renewal.

13 CONTINUING EDUCATION 13.1 CONTINUING EDUCATIONS REQUIREMENTS. GENERAL. As a prerequisite to renewal of an auctioneer license, the licensee shall satisfactorily complete six (6) hours of continuing education from an auctioneer continuing education course approved by the Board. Correspondence courses may qualify for continuing education credit. Such correspondence course must be approved by the board. 53 13.2 VERIFICATION OF CONTINUING EDUCATIONS HOURS. The Board may verify any information concerning continuing education that is submitted by the licensee as evidence supporting the course information. The board may require applicant(s) or licensee to provide information regarding the continuing education hours claimed on the individual’s renewal. Failure to do so may lead to disciplinary action. 13.3 EVIDENCE TO SUPPORT COURSES TAKEN. It is the responsibility of each licensee to retain evidence to support the courses taken for a period of (12) months after the end of the renewal period for which the renewal application is submitted to the Board; 13.3.1 Course attendance verification by the sponsor. 13.3.2 Certificates of course completion. 13.3.3 Other evidence of support and justification 13.3.4 This requirement shall not apply to courses offered by the Board. 13.4 APPLICATION FOR CONTINUING EDUCATIONS COURSE SPONSOR. Any request for Board approval of an auctioneer continuing education course sponsor shall be by written application on a form provided by the Board. Applicants for continuing education course sponsor shall submit the following information: 13.4.1 Name, address, telephone number and facsimile (FAX) number (if any) of the course sponsor; 13.4.2 If the ownership of the course sponsor is a partnership, the names and addresses of the partners; 13.4.3 If the ownership of the course sponsor is a corporation, the names and addresses of the officers and directors; 13.4.4 If the ownership of the course sponsorship is a limited liability company, the names and addresses of the members and managers; 13.4.5 A course content outline describing the subjects to be offered during the approval period. All course sponsors are approved for a period of twelve (12) months; 13.4.6 A statement that each instructor meets the qualifications required by Sections 13.10 and 13.11 of this rule; 54 13.4.7 A statement that the course sponsor shall provide the licensee who successfully completes an approved course, a certificate of course completion that meets the requirements of Section 13.9 of this rule; 13.4.8 A copy of the certificate of course completion required under Section13.9 of this rule; 13.4.9 And a statement that any facility utilized by the course sponsor shall be at a location approved by the Board. 13.5 COURSE CURRICULUM APPROVAL REQUIRED. All sponsors must submit a request for approval of speakers and an agenda to the Board for approval by May 15th each year. The curriculum should include at least one (1) hour of law. A minimum total of six (6) hours must be provided. 13.6 COURSE SPONSOR APPROVAL DATES. Sponsors of auctioneer continuing education courses shall be considered approved as of the date of approval by the Board, and therefore courses predating the approval date do not qualify. 13.7 COURSE OUTLINE. A course outline shall be prepared and distributed to the attendees. The outline shall state the number of continuing education hours offered. 13.8 COURSE RECORDS. An approved auctioneer continuing education course sponsor must retain records of students who complete the course for a minimum of two (2) years. These records must include attendance records for all courses showing date, place, and attendee’s name. The course sponsor may be asked to provide the board copies of records. 13.9 APPROVED AUCTIONEER CONTINUING EDUCATION SPONSOR. CERTIFICATE REQUIREMENTS. Upon completion of a continuing education course, the approved auctioneer continuing education sponsor shall provide all attendees a course completion certificate that must include the following information: 13.9.1 The name of the participant; 13.9.2 The license number of the participant; 13.9.3 The name, address, and signature of the sponsor; 13.9.4 The course title; 13.9.5 The course topic if not reflected in the course title; 13.9.6 The date and location of the course; 55 13.9.7 And the number of approved actual course hours. 13.10 INSTRUCTOR REQUIREMENTS. Each instructor used by an approved auctioneer continuing education sponsor must have a minimum of two (2) years experience in the field in which that instructor is to teach. 13.11 INSTRUCTORS. PROHIBITIONS. An auctioneer continuing education sponsor is prohibited from hiring, or retaining in its employ, an instructor who has: 13.11.1 Had an auctioneer, auction company, or auction house license revoked or suspended by any jurisdiction; 13.11.2 Obtained or used, or attempted to obtain or use, in any manner, Arkansas auctioneer licensing questions to be used on future examinations unless authorized by law; 13.11.3 Been convicted of a crime that has a direct bearing on the individuals ability to competently instruct, including, but not necessarily limited to, violations of auction laws and abuse of fiduciary responsibilities; 13.11.4 Falsely certified hours of attendance or grades for any student; or 13.11.5 Unless allowed by law, refused to appear and/or testify under oath at any hearing held by the Board. 13.12 MONITORING CONTINUING EDUCATIONS SERVICES. Continuing education courses offered by an approved course sponsor may be monitored by the Board to ensure that participants are physically present for the duration of the course. In order to monitor a continuing education course, an approved course sponsor must do the following: 13.12.1 Require the participants to sign in and out as they enter and exit the classroom, noting the time of arrival and departure; 13.12.2 Ensure that order is maintained throughout the duration of the course; 13.12.3 Maintain the attendance sheets to assure their accuracy; 13.12.4 Verify the participant’s signature upon the participant’s entrance and exit; 13.12.5 Distribute course completion certificates to participants who have been physically present for duration of the course. 56 13.13 INFORMATION MUST BE VERIFIED. The Board may request verification of any information submitted by the applicant and may request the applicant to submit evidence supporting the course credit claimed. The Board may request applicants to prove information as provided in subsection (c) in order to verify continuing education hours claimed in the application. Failure to do so shall subject a licensee to non-renewal or suspension of license. 13.14 FAILURE TO MEET CONTINUING EDUCATION PROVISIONS. A licensee who does not obtain the required number of continuing education hours during a one (1) year licensure period may cure that deficiency by taking them prior to renewal whereby all penalties and fees will be due and payable to the Board prior to renewal. 13.15 BOARD REVIEW OF CONTINUING EDUCATIONS COMPLIANCE. If, as the result of an audit or other review, the Board determines that the continuing education hours a licensee has claimed do not meet the requirements of A.C.A. §17-17-311 and these rules, the Board shall notify the licensee of that determination. 13.16 LICENSEE MAY SUBMIT REASONS FOR FAILURE TO COMPLY. A licensee, who has been notified under Section 13.15 may within thirty (30) days submit information to the Board giving all the substantive reasons in support of the licensee’s position that an adequate number of hours has been obtained. 13.17 SEMINAR ATTENDANCE. Hours for continuing education may be obtained through attendance at seminars conducted by the following organizations: 13.17.1 National Auctioneers Association 13.17.2 National Auctioneers Automobile Dealers Association 13.17.3 Any state association convention 13.17.4 Certified Auctioneers Institute 13.17.5 Any State Auctioneers Licensing Board 13.18 HOURS OBTAINED BY PROVIDING INSTRUCTORS. In addition, a licensee may obtain continuing education hours by acting as an instructor at an accredited auction school. In order to be credited for hours as an instructor, a licensee must provide to the Board verification by a letter from the association or other entity that will verify the number of instructor hours. 57 13.19 RECIPROCAL HOURS. The Board will accept through reciprocity any continuing education hours from such other reciprocal state whether such hours be less or more than our state requirement, provided such other state will accept Arkansas’s continuing education hours.

14 COMPLAINTS 14.1 COMPOSITION OF THE COMPLAINT COMMITTEEE. The Complaint Committee shall consist of the Chair of the Board and any other member appointed by the Chair of the Board. 14.2 PROCEDURE FOR INITIATION OF COMPLAINT. 14.2.1 Initiation. The formal investigation of a complaint against an auctioneer may be initiated when the complaint is in writing and filed with the board. The complaint must contain a brief statement setting forth the allegations of fact and naming the auctioneer against whom the complaint is filed. 14.2.2 Board Initiation. The Board may initiate an investigation upon its own motion when it has reason to believe a violation of A.C.A. § 17-17-101 et seq. or Board regulation may have occurred. Individual board members should utilize the written complaint method for complaints against individual Auctioneers. 14.2.3 Time Limit for Filing of Complaint. The Complaint committee may consider complaints only if the complaint was filed within one (1) year from the time the alleged complaint either occurred or was discovered. Any complaint not received within this time limit shall not be considered and the complainant shall be so notified. 14.3 PROCEDURE FOR INVESTIGATION OF COMPLAINT. 14.3.1 Notification of the Respondent. Upon receipt of the complaint the Complaint Committee shall notify the Auctioneer named in the complaint by certified or registered mail of the complaint and request a written response to the allegation/s. 14.3.2 Investigation. Upon receipt of the auctioneer’s response or upon the expiration of the time period permitted for the licensee’s response, the Complaint Committee shall conduct any further inquiry or investigation which appears to be appropriate based upon the circumstances of the individual case. 58 14.3.3 Investigative Officer. The Investigative Officer shall be a person designated by the Chair of the Board. The Chair of the Board shall agree, or contract, to pay compensation to, or reimburse the expenses of, any person serving as investigative officer authorized by the Board. 14.3.4 Investigative Report. Upon completion of the investigation, the investigative officer shall provide a written report to the Complaint Committee the results of the investigation. The Complaint Committee will determine whether to initiate a full board hearing, offer to the licensee an informal board hearing, take other action or present to the Board a request to dismiss the complaint. The report of the Complaint Committee shall be a summary of the results of the investigation and shall be presented to the Board without naming the licensee. 14.4 ACTION BY THE BOARD. A majority vote of the board shall be required to support the recommendation of the Complaint Committee to dismiss a complaint. If the board agrees with the determination of the Complaint Committee that the case should be dismissed, the complainant and the respondent shall be so notified. 14.4.1 Additional Evidence. If additional evidence of conduct contrary to the laws, Rules and/or Regulations governing Auctioneers is presented within sixty (60) days after the matter has been closed with no action, the case may be reopened and acted upon under regular procedures. 14.5 ACTION ON COMPLAINT. If the Complaint Committee determines that the complaint presents sufficient evidence of a violation; it may offer to the licensee the following: 14.5.1 Formal Disciplinary Hearing. If the Complaint Committee determines that a formal disciplinary hearing is required, the hearing shall comply with the requirements of the Administrative Procedure Act. 14.5.2 Informal Hearing. The Complaint Committee may offer or the Licensee may request an informal hearing of a complaint before the Board consisting of a face to face meeting between the Licensee and the Board to discuss the allegations of the complaint. Prior to an informal hearing the Licensee must sign a consent statement agreeing to the terms and conditions of an informal hearing. 14.5.3 Consent Agreement. If the Complaint Committee determines that a consent agreement may be appropriate, the Complaint Committee shall authorize its Attorney to enter into negotiations for 59 a consent agreement subject to the Board’s final approval. The Complaint Committee may recommend terms for a consent agreement offer by the attorney to the respondent. 14.6 DISQUALIFICATION. During a formal disciplinary hearing, any member of the Board, except the Board Chair, who served on the Complaint Committee, was involved in the investigation or who initiated the complaint may be disqualified from participation in the hearing at the request of the respondent auctioneer. 14.7 COUNTER COMPLAINT. The Arkansas Auctioneers Licensing Board will not accept formal complaints from a respondent against a complainant during the course of an investigation of the initial complaint. Counter charges will only be considered after the disposition of the initial complaint.

15 ADJUDICATIVE HEARINGS 15.1 SCOPE. This chapter applies in all administrative adjudications conducted by the Arkansas Auctioneers Licensing Board. This procedure is developed to provide a process by which the Board formulates orders (for example, an order revoking a license to practice, or imposing civil penalties). 15.2 PRESIDING OFFICER. The Board shall preside at the hearing or may designate a hearing officer to preside at a hearing. 15.3 APPEARANCES. Any party appearing in any Board proceeding has the right, at his or her own expense, to be represented by counsel. 15.3.1 The respondent may appear on his or her own behalf. 15.3.2 Any attorney representing a party to an adjudicatory proceeding must file notice of appearance as soon as possible. 15.3.3 Service on counsel of record is the equivalent of service on the party represented. 15.3.4 On written motion served on the party represented and all other parties of record, the presiding officer may grant counsel of record leave to withdraw for good cause shown. 15.4 CONSOLIDATION. If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party. 60 15.5 NOTICE TO INTERESTED PARTIES. If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that an absent person be notified of the proceeding and be given an opportunity to be joined as a party of record. 15.6 SERVICE OF PAPERS. Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party’s representative at the last address of record. 15.7 INITIATION & NOTICE OF HEARING. An administrative adjudication is initiated by the issuance by the Board of a notice of hearing. The notice of hearing will be sent to the respondent by U.S. Mail, return receipt requested, restricted delivery to the named recipient or his agent. Notice shall be sufficient when it is so mailed to the respondent’s latest address on file with the Board. Notice will be mailed at least 30 days before the scheduled hearing. The notice will include: 15.7.1 A statement of the time, place, and nature of the hearing; 15.7.2 A statement of the legal authority and jurisdiction under which the hearing is to be held; and 15.7.3 A short and plain statement of the matters of fact and law asserted. 15.8 MOTIONS. All requests for relief will be by motion. Motions must be in writing or made on the record during a hearing. A motion must fully state the action requested and the grounds relied upon. The original written motion will be filed with the Board. When time allows, the other parties may, within three (3) days of the service of the written motion, file a response in opposition. The presiding officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion. However, a presiding officer, other than the Board, will not enter a dispositive order unless expressly authorized in writing to do so. 15.9 ANSWER. A respondent may file an answer. 15.10DISCOVERY. Upon written request, the Board will provide the information designated in A.C.A §25- 15-208 (a) (3). Such requests should be received by the Board at least 10 days before the scheduled hearing. 15.11 CONTINUANCES. The Complaint Committee may grant a continuance of hearing for good cause shown. Requests for continuances will be made in writing. The request must state the grounds to 61 be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing. In determining whether to grant a continuance, the Complaint Committee may consider: 15.11.1 Prior continuances; 15.11.2 The interests of all parties; 15.11.3 The likelihood of informal settlements; 15.11.4 The existence of an emergency; 15.11.5 Any objection; 15.11.6 Any applicable time requirement; 15.11.7 The existence of a conflict of the schedules of counsel, parties, or witnesses; 15.11.8 The time limits of the request; and 15.11.9 Other relevant factors. 15.11.10 The Complaint Committee may require documentation of any grounds for continuance. 15.12 HEARING PROCEDURES 15.12.1 The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings; provided, however, any presiding officer other than the Board shall not enter a dispositive order or proposed decision unless expressly authorized in writing to do so. 15.12.2 All objections must be made in a timely manner and stated on the record. 15.12.3 Parties have the right to participate or to be represented by counsel in all hearings or prehearing conferences related to their case. 15.12.4 Subject to terms and conditions prescribed by the Administrative Procedure Act, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses as necessary for a full an true disclosure of the facts, present evidence in rebuttal, and, upon request by the Board, may submit briefs and engage in oral argument. 15.12.5 The presiding officer is charged with maintaining the decorum of the hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly. 15.13 ORDER OF PROCEEDINGS. The presiding officer will conduct the hearing in the following manner: 62 15.13.1 The presiding officer will give an opening statement, briefly describing the nature of the proceedings. 15.13.2 The parties are to be given the opportunity to present opening statements. 15.13.3 The parties will be allowed to present their cases in the sequence determined by the presiding officer. 15.13.4 Each witness must be sworn or affirmed by the presiding officer, or the court reporter, and be subject to examination and cross-examination as well as questioning by the Board. The presiding officer may limit questioning in a manner consistent with the law. 15.13.5 When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments. 15.14 EVIDENCE 15.14.1 The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law. 15.14.2 Stipulation of facts is encouraged. The Board may make a decision based on stipulated facts. 15.14.3 Evidence in the proceeding must be confined to the issues set forth in the hearing notice, unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence outside the scope of the notice, over the objection of a party who did not have actual notice of those issues, that party, upon timely request, will receive a continuance sufficient to prepare for the additional issue and to permit amendment of pleadings. 15.14.4 A party seeking admission of an exhibit must provide 12 copies of each exhibit at the hearing. The presiding officer must provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. All exhibits admitted into evidence must be appropriately marked and be made part of the record. 15.14.5 Any party may object to specific evidence or may request limits on the scope of the examination or cross-examination. A brief statement of the grounds upon which it is based shall accompany such an objection. The objection, the ruling on the objection, and the reasons for the ruling will 63 be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve the ruling until the written decision. 15.14.6 Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony will briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record. 15.14.7 Irrelevant, immaterial, and unduly repetitive evidence will be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs. 15.14.8 Reasonable inferences. The finder of fact may base its findings of fact upon reasonable inferences derived from other evidence received. 15.15 DEFAULT. If a party fails to appear or participate in an administrative adjudication after proper service of notice, the Board may proceed with the hearing and render a decision in the absence of the party. 15.16 SUBPOENAS 15.16.1 At the request of any party, the Board shall issue subpoenas for the attendance of witnesses at the hearing. The requesting party shall specify whether the witness is also requested to bring documents and reasonably identify said documents. 15.16.2 A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is eighteen (18) years of age or older. Delivering a copy to the person named in the subpoena shall make service. Proof of service may be made by affidavit of the person making service. The party seeking the subpoena shall have the burden of obtaining service of the process and shall be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure. The witness must be served at least two days prior to the hearing. For good cause, the Board may authorize the subpoena to be served less than two days before the hearing. 64 15.16.3 Any motion to quash or limit the subpoena shall be filed with the Board and shall state the grounds relied upon. 15.17 RECORDING THE PROCEEDINGS. The responsibility to record the testimony heard at a hearing is borne by the Board. Upon the filing of a petition for judicial review, the Board will provide a verbatim transcript of testimony taken before the Board. 15.18 FACTORS TO BE CONSIDERED IN IMPOSING SANCTIONS. In addition to any other considerations permitted by Ark. Code Ann. § 17-17-101 et seq., if applicable, the Board in imposing any sanction may consider the following: 15.18.1 The nature and degree of the misconduct for which the licensee is being sanctioned. 15.18.2 The seriousness and circumstances surrounding this misconduct. 15.18.3 The loss or damage to clients or others. 15.18.4 The assurance that those who seek similar professional services in the future will be protected from the type of misconduct found. 15.18.5 The profit to the licensee. 15.18.6 The avoidance of repetition. 15.18.7 Whether the conduct was deliberate, intentional, or negligent. 15.18.8 The deterrent effect on others. 15.18.9 The conduct of the individual during the course of the disciplinary proceeding. 15.18.10 The professional’s prior disciplinary record, including warnings. 15.18.11 Matters offered by the professional in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the professional Edemonstrates that he or she is successfully pursuing in good faith a program of recovery. 15.19 FINAL ORDER. The Board will serve on the respondent a written order that reflects the action taken by the Board. The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived from the evidence pertinent to the issues of the case. It will also state conclusions of law and directives or other disposition entered against or in favor of the respondent. The order will be served personally or by mail on the respondent. If counsel 65 represents respondent, service of the order on respondent’s counsel shall be deemed service on the respondent.

16 DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. 16.1 VIOLATION OF LAW OR RULES. The Board may impose a civil penalty or deny, suspend, refuse to renew or revoke the license of any auctioneer or auction house owner for any of the following causes: 16.1.1 For providing false or fraudulent information on an application; 16.1.2 For obtaining a license through false or fraudulent representation; 16.1.3 For making any substantial misrepresentation in an application for a license or renewal of license; 16.1.4 For pursuing a continued and flagrant course of misrepresentation or making false promises through agents, advertising, or otherwise; 16.1.5 For failing to account for or remit, within ten (10) business days, any money belonging to others that comes into his/her possession and for commingling funds of others with his/her own or failing to keep such funds of others in an escrow or trustee account; 16.1.6 For conviction in a court of competent jurisdiction of this state or any other jurisdiction of a criminal offense involving moral turpitude or a felony; 16.1.7 If the auctioneer/auction house owner demonstrates bad faith, dishonesty, incompetency or untruthfulness, or deceptive practices; 16.1.8 For any violation of this Act or of any rule or regulation of the Board; 16.1.9 For a failure of a licensee to provide to the Board any change of business address within 30 days of such change; or 16.1.10 For failure to renew a license within the ninety (90) day grace period; 16.1.11 For failing to enter into a written contract with the seller and furnish voluntarily to the seller at the time of execution copies of all written instruments prepared by the auctioneer/auction house owner, including the contract; 16.1.12 For any other conduct that constitutes improper, fraudulent, or dishonest dealings, to include falsely accusing any auctioneer or auction house owner; 66 16.1.13 For failing to complete or submit the continuing education requirements as specified by this chapter and the rules and regulations adopted by the Board; 16.1.14 Submitting false information as to the receipt of continuing education; or, 16.1.15 For failure to comply with A.C.A. § 17-17-301 and Sections 9, 10 and 12 of these rules and regulations. 16.2 SANCTIONS FOR FALSE INFORMATION. A licensee who submits false information under these rules section shall be subject to the sanctions provided for under A.C.A. § 17-17-308.

17. SANCTIONS AND PENALTIES 17.1 SANCTIONS. After due notice and hearing, a person, found to have violated provisions of Ark. Code Anno. 17-17-101 et seq or Section 16 of these rules may have any one or more of the following sanctions imposed upon him by the board: 17.1.1 Suspension, revocation or denial of the license or the renewal thereof; 17.1.2 A penalty not to exceed one thousand dollars ($1,000.00) for each violation; 17.1.3 Conditions or restrictions placed upon the person’s license; or 17.1.4 Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals. 17.2 PENALTY IN LIEU. Whenever the Board finds that the holder of a license issued by it is guilty of a violation of these rules or the laws of the State of Arkansas, it shall have the power and authority to impose a penalty on the licensee in lieu of suspension or revocation of the license. 17.3 SUSPENSION OF LICENSE PENDING PAYMENT OF PENALTY. Upon imposition of a penalty in lieu of suspension or revocation, the Board may require that the license be suspended until the penalty is paid. 17.4 CIVIL ACTION BY BOARD. If any person upon whom the Board has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the Board’s decision to impose the penalty, the amount of the fine shall be considered to be a debt owed to the Board and may be collected by civil action by the Board. 67 17.5 PENALTY FOR UNLICENSED PERSON. The Board may impose a civil penalty against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure pursuant to the provisions herein. 17.6 ADDITIONAL HOURS OF CONTINUING EDUCATION MAY BE REQUIRED. The Board shall have the authority to require additional continuing education hours for auctioneer or auction house owner found in violation of the auctioneer law or these rules. 17.7 VOLUNTARY SURRENDER OF LICENSE. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Board’s determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding. 17.8 RE-LICENSURE OF A REVOKED OR SURRENDERED LICENSE. No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the Board. The application for re-licensure is not allowed until at least five (5) years after the revocation or surrender of license took effect. 17.8.1 The applicant bears the burden of proof that he is rehabilitated following the revocation or surrender of his license, that he can engage in the conduct authorized by the license without undue risk to the public health, safety, and welfare, and that he is otherwise qualified for the license pursuant to Ark. Code Ann. §§ 17-17-101 et seq.. 17.8.2 The Board may impose any appropriate conditions or limitations on a license to protect the public health, safety, and welfare. 17.8.3 The Board may require that the person seeking re-licensure take the licensing examination and/or submit proof of continuing education hours.

18 DISCLOSURE. 18.1 Requirements to Provide Information to the Board. Every person licensed under the provisions Ark. Code. Ann §17-17-101 et seq., shall upon request make available to the Arkansas Auctioneers Licensing Board or its duly authorized representative any information which the Board requires to verify compliance of the Licensee with all provisions of Ark. Code. Ann. § 17-17-101 et seq., and these Board rules and regulations. 68

19 SEVERABILITY. 19.1 These rules being for the regulation of the business of auctioneers and the protection of the public, the provisions hereby are declared to be severable and the invalidity of any rule, clause, sentence, paragraph or section hereof shall not affect the validity of the remainder thereof.

FEE SCHEDULE

AUCTIONEER- NON-RESIDENT AND AUCTION HOUSE LICENSE FEES

EXAM FEE-$100,  LICENSE FEE-$100, RECOVERY FUND FEE-$100, BACKGROUND CHECK-$22, FBI BACKGROUND CHECK-$14.75, RENEWAL FEE-$100

RECIPROCAL LICENSE FEES 

FEES FOR RECIPROCAL LICENSE AND RENEWAL–SAME AS THE ARKANASAS LICENSEE IS CHARGED IN THAT STATE




FLORIDA AUCTION LAW, RULES & REGULATIONS AND FEE SCHEDULE

The Florida Board of Auctioneers prefers to list the direct link to their laws and Rules rather than printing them in their entirety on this website to assure the most up-to-date version is being accessed.  The direct link is: http://www.myfloridalicense.com/dbpr/pro/auct/statutes.html

 




GEORGIA AUCTION LAW, RULES & REGULATIONS AND FEES

Georgia website–http://sos.ga.gov/index.php/licensing/plb/9

TITLE 43. PROFESSIONS AND BUSINESSES CHAPTER 6. AUCTIONEERS

§ 43-6-1. Definitions As used in this chapter, the term: (1) “Absolute auction” shall mean that ownership and title of real or personal property offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property. (2) Reserved. (3) “Auction business” or “business of auctioning” means the performing of any of the acts of an auctioner, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale. (4) “Auction with reserve” shall mean that the seller reserves the right to refuse any and all bids. (5) “Auctioneer” means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter. (6) “Commission” means the Georgia Auctioneers Commission. (7) “Company” means an association, partnership, limited liability company, corporation, or sole proprietorship and shall also include the officers, directors, members, and employees of such entities. (8) “Goods” means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale. (9) “Person or persons” means an individual. (10) “Ringperson” means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract. HISTORY: Code 1933, § 84-301A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1987, p. 596, § 1; Ga. L. 1988, p. 13, § 43; Ga. L. 1989, p. 1409, § 1; Ga. L. 1990, p. 576, § 1; Ga. L. 1993, p. 123, § 21; Ga. L. 1993, p. 1030, § 1; Ga. L. 1996, p. 657, § 1; Ga. L. 2014, p. 294, § 1/HB 1042.

§ 43-6-2. Creation of commission; composition; terms of office; qualifications of members (a) The Georgia Auctioneers Commission is created under the Secretary of State and the division director. (b) The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. (c) Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering. HISTORY: Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 1084, § 1; Ga. L. 1996, p. 657, § 2; Ga. L. 2000, p. 1706, § 19.

§ 43-6-3. Selection of chairman; rules and regulations; meetings (a) The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter. (b) The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission. HISTORY: Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1990, p. 576, § 2; Ga. L. 1996, p. 657, § 3.

§ 43-6-4. Reimbursement of commission members Each member of the commission shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. HISTORY: Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1.

§ 43-6-5. Commission reports to Governor and General Assembly Reserved. Repealed by Ga. L. 1990, p. 576, § 3, effective March 30, 1990.

§ 43-6-6. Seal The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words “State Auctioneers Commission, State of Georgia” and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission. HISTORY: Code 1933, § 84-306A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2011, p. 99, § 65/HB 24.

§ 43-6-7. Adoption of rules and regulations The commission is authorized to adopt rules and regulations relating to the professional conduct of licensees, a code of ethics, and the administration of this chapter. Such rules and regulations shall not apply to and shall not set schedules of fees or commissions for the services of the licensees. HISTORY: Code 1933, § 84-305A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1993, p. 1030, § 2.

§ 43-6-8. Authority to regulate issuance of licenses, to revoke or suspend licenses, and to censure licensees Except as provided in Code Section 43-1-4, the commission shall have the power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees for any violation of this chapter. HISTORY: Code 1933, § 85-308A, enacted by Ga. L. 1975, p. 53, § 1.

§ 43-6-9. License requirement for auctioneers; registration for companies conducting auctions; restrictions as to sales of real property (a) It shall be unlawful for any person, directly or indirectly, to engage in, conduct, advertise, hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an auctioneer within this state without first obtaining a license as an auctioneer, as provided in this chapter, unless he or she is exempted from obtaining a license under Code Section 43-6-24. (b) It shall be unlawful for any licensed auctioneer to act in such capacity in the sale of real property unless such auctioneer shall also be licensed as a real estate broker, associate broker, or salesperson under Chapter 40 of this title; provided, however, that any auctioneer who was licensed as such by this state prior to July 1, 1978, and who, prior to December 31, 1984, submits proof to the commission that he or she has been auctioning real property for five years or more immediately prior to the date of application shall not be required to meet the provisions of this subsection but such person shall not thereby be construed to be a real estate broker, associate broker, or salesperson under Chapter 40 of this title. (c) It shall be unlawful for any company, directly or indirectly, to engage in, conduct, advertise, hold itself out as engaging in or conducting the business of auctioning without first being registered by the commission, unless such company is exempted from obtaining a license pursuant to Code Section 43-6-24. HISTORY: Code 1933, § 84-302A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 1084, § 2; Ga. L. 1987, p. 596, § 2; Ga. L. 2014, p. 294, § 2/HB 1042.

§ 43-6-10. Application by person for license Any person desiring to act as an auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following: (1) The name and address of the applicant or the name under which he or she intends to conduct business; if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted; and, if the applicant is a corporation, the name and address of each of its principal officers; (2) The place or places, including the municipality, with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the commission shall require. HISTORY: Code 1933, § 84-309A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1993, p. 123, § 22; Ga. L. 2014, p. 294, § 3/HB 1042.

§ 43-6-11. Qualifications of applicants (a) No auctioneer’s or apprentice auctioneer’s license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. (b) Each applicant for an auctioneer’s license shall be required to pass an examination in a form prescribed by the commission. (c) Each applicant for licensure as an auctioneer must prove to the commission that he or she is reputable, trustworthy, honest, and competent to transact the business of auctioning in such a manner as to safeguard the interest of the public. (d) Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a GED and have graduated from an auctioneers school approved by the commission prior to making an application for an auctioneer’s license. HISTORY: Code 1933, § 84-311A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1979, p. 1268, § 2; Ga. L. 1982, p. 3, § 43; Ga. L. 1982, p. 1686, §§ 1, 2; Ga. L. 1989, p. 1409, § 2; Ga. L. 1991, p. 801, § 1; Ga. L. 1993, p. 1030, § 3; Ga. L. 1996, p. 657, § 4; Ga. L. 2011, p. 752, § 43/HB 142; Ga. L. 2014, p. 294, § 4/HB 1042. § 43-6-11.1. Application by company for registration; exemptions; trust accounts (a) No company shall be registered to engage in the business of auctioning unless such company furnishes to the commission: (1) A completed application form as prescribed by the commission; (2) Satisfactory evidence approved by the commission that the company employs or shall employ an auctioneer licensed under the provisions of this chapter to conduct any auctions in this state; and (3) If such company is a foreign corporation, satisfactory evidence approved by the commission that such company is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14. (b) A company owned by or employing one or more full-time auctioneers licensed by the commission may be exempt from subsection (a) of this Code section, provided that such company is directly supervised by a licensed auctioneer. (c) A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18. (d) An auction company must maintain at all times an active trust account and register such account with the Georgia Auctioneers Commission. HISTORY: Code 1981, § 43-6-11.1, enacted by Ga. L. 1987, p. 596, § 3; Ga. L. 1989, p. 1409, § 3; Ga. L. 1991, p. 801, § 2; Ga. L. 1996, p. 657, § 5. § 43-6-11.2. Expiration of licenses; waiver of continuing education requirement; rules and regulations (a) Licenses for auctioneers shall expire biennially as provided in Code Section 43-1-4. The commission shall be authorized to require persons seeking renewal of an auctioneer’s license under this chapter to complete commission approved continuing education of not more than eight hours biennially. (b) The commission shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the commission deems appropriate. (c) The commission shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each biennial renewal cycle which begins after the 1990-1991 renewal. HISTORY: Code 1981, § 43-6-11.2, enacted by Ga. L. 1991, p. 799, § 1.

§ 43-6-12. Reciprocity; nonresident license requirement; designation of agents for service of process (a) Any resident of another state who holds a current license as an auctioneer under the laws of any other state having requirements similar to those in this chapter may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without written examination upon the payment of the fees as required by the commission. (b) Any resident of another state which does not have a law regulating the licensing of auctioneers but who holds a current and valid license in a state which has a reciprocal licensing agreement with Georgia may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without examination upon the payment of a fee as required by the commission. (c) Prior to the issuance of a license to a nonresident auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee’s agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail or statutory overnight delivery to the last known business address of the licensee. HISTORY: Code 1933, § 84-314A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1979, p. 1268, § 3; Ga. L. 1987, p. 596, § 4; Ga. L. 1988, p. 13, § 43; Ga. L. 1991, p. 799, § 2; Ga. L. 1993, p. 1030, § 4; Ga. L. 2000, p. 1589, § 3; Ga. L. 2014, p. 294, § 5/HB 1042. § 43-6-12.1. Proof of residence In order for an applicant to obtain an auctioneer’s license, such applicant must show proof of a residence. HISTORY: Code 1981, § 43-6-12.1, enacted by Ga. L. 1996, p. 657, § 6.

§ 43-6-13. License fees; effect of nonpayment of checks submitted as fee (a) The division director, at the time an application for licensure is submitted, shall collect from an applicant a fee in an amount established by the commission. The commission may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business prior to or after the issuance of any such license. (b) After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. (c) The auctioneer’s biennial license fee shall be an amount established by the commission and the apprentice auctioneer’s biennial license fee shall be an amount established by the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. (d) Any check presented to the division director as a fee for either an original or renewal license which is returned unpaid shall be cause for revocation or denial of a license. (e) Notwithstanding any other fee prescribed in this chapter, a company shall be required to pay registration and renewal fees in an amount established by the commission. HISTORY: Code 1933, § 84-312A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1984, p. 22, § 43; Ga. L. 1987, p. 596, § 5; Ga. L. 1991, p. 799, § 3; Ga. L. 2000, p. 1706, § 19; Ga. L. 2010, p. 266, § 13/SB 195.

§ 43-6-14. Affixing seal to licenses; delivery of licenses; display of licenses; pocket card; branch office licenses Each license shall have placed thereon the seal of the commission. The license of each auctioneer shall be delivered or mailed to his or her place of business and shall be displayed conspicuously at all times in the office of the licensee. The commission shall prepare and deliver a pocket card certifying that the person whose name appears thereon is a licensed auctioneer, as the case may be, stating the period of time for which fees have been paid. If an auctioneer maintains more than one place of business within the state, a branch office license shall be issued to such auctioneer for each branch office so maintained by him or her upon the payment of a biennial fee in an amount established by the commission; and the branch office license shall be conspicuously displayed in each branch office. HISTORY: Code 1933, § 84-316A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2014, p. 294, § 6/HB 1042. § 43-6-14.1. Carrying license identification card required All licensees must carry on their person, when participating in the auctioneering business in any capacity, their Georgia auctioneer’s license identification card and must present such card upon demand by any official of the State of Georgia. HISTORY: Code 1981, § 43-6-14.1, enacted by Ga. L. 1996, p. 657, § 7.

§ 43-6-15. Surety bond Reserved. Repealed by Ga. L. 1989, p. 1409, § 4, effective July 1, 1989.

§ 43-6-16. Grounds for refusal to issue license (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of auctioning in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission shall grant a license to a corporation, limited liability company, or partnership only if the stockholder, member, or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness, and integrity. (b) Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of any other crime in a court of competent jurisdiction of this or any other state, district, or territory of the United States or of a foreign country, such untrustworthiness of the applicant and the conviction, in itself, may be a sufficient ground for refusal of a license. (c) Where an applicant has made a false statement of material fact on his or her application, such false statement, in itself, may be sufficient ground for refusal of a license. (d) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. HISTORY: Code 1933, § 84-310A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1993, p. 123, § 23; Ga. L. 2014, p. 294, § 7/HB 1042.

§ 43-6-17. Procedure upon nonacceptance of applications If the commission, after an application in proper form has been filed and accompanied by the proper fee, shall refuse to accept the application, the commission shall provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. HISTORY: Code 1933, § 84-315A, enacted by Ga. L. 1975, p. 53, § 1.

§ 43-6-18. Grounds for revocation or suspension of licenses and censure of licensees The commission may, upon its own motion, and shall, upon the signed complaint in writing of any person, investigate the actions of any auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following: (1) Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise; (3) Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account; (4) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; (5) Violation of any rule or regulation or code of ethics promulgated by the commission; (6) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness; (7) Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings; (8) Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or (9) Knowingly making any misleading, false, or deceptive statement on any application for a license under this chapter. HISTORY: Code 1933, § 84-318A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1989, p. 1409, § 5; Ga. L. 1993, p. 1030, § 5; Ga. L. 1996, p. 657, § 8; Ga. L. 2014, p. 294, § 8/HB 1042. § 43-6-18.1. Inspector The commission shall have an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations. HISTORY: Code 1981,

§ 43-6-18.1, enacted by Ga. L. 1993, p. 1030, § 6; Ga. L. 1996, p. 657, § 9; Ga. L. 2008, p. 1112, § 13/HB 1055.

§ 43-6-18.2. Sanctions After notice and opportunity for hearing as provided in Code Section 43-6-19, the commission, in its discretion, may sanction, as provided in Code Section 43-1-19 and Code Section 43-6-18, a company registered or required to be registered in accordance with this chapter. HISTORY: Code 1981, § 43-6-18.1, enacted by Ga. L. 1987, p. 596, § 6; Code 1981, § 43-6-18.2, as redesignated by Ga. L. 1993, p. 1030, § 6.

§ 43-6-19. Hearings regarding revocation or suspension of licenses or censure of licensees; appeals Before the commission shall censure a licensee or before revoking or suspending a license, it shall provide for a hearing for such holder of a license in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. HISTORY: Code 1933, § 84-319A, enacted by Ga. L. 1975, p. 53, § 1.

§ 43-6-20. Effect of revocation of auctioneer’s license on licenses of apprentice auctioneers Reserved. Repealed by Ga. L. 2014, p. 294, § 9/HB 1042, effective July 1, 2014.

§ 43-6-21. Notification of change of business address Should the auctioneer change his or her place of business, he or she shall notify the commission in writing within ten days of such change, and thereupon a new pocket card shall be granted to the auctioneer. HISTORY: Code 1933, § 84-317A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2014, p. 294, § 10/HB 1042. § 43-6-22. Prerequisite for bringing action for compensation; power of commission to sue for violation (a) No person shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that he or she was a duly licensed auctioneer at the time the alleged cause of action arose. (b) The commission may bring an action for any violation of this chapter. HISTORY: Code 1933, § 84-304A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 2014, p. 294, § 11/HB 1042.

§ 43-6-22.1. Auctioneers education, research, and recovery fund (a) The commission is authorized and directed to establish and maintain an auctioneers education, research, and recovery fund. (b) The commission shall maintain a minimum balance of $100,000.00 in the auctioneers education, research, and recovery fund from which any person, except bonding companies when they are not principals in an auction transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant to this chapter, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate or lots of personal property involved in such transaction. In addition: (1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee; (2) A licensee acting as a principal or agent in an auction transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund. (c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the auctioneers education, research, and recovery fund. (d)(1) No action for a judgment which subsequently results in an order for collection from the auctioneers education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the auctioneers education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee under this chapter for any act, representation, transaction, or conduct which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, or which is in violation of Chapter 47 of this title or of the regulations promulgated pursuant to Chapter 47 of this title, which act occurred on or after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days’ written notice to the commission, may apply to the court for an order directing payment out of the auctioneers education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show: (A) That he is not a spouse of the judgment debtor or the personal representative of such spouse; (B) That he has complied with all the requirements of this Code section; (C) That he has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, he had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (D) That he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) That he has caused the judgment debtor to make discovery under oath concerning his property, in accordance with Chapter 11 of Title 9, the “Georgia Civil Practice Act”; (F) That he has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) That by such search he has discovered no personal or real property or other assets liable to be sold or applied or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied and that he has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) That the following items, if any, as recovered by him have been applied to the actual or compensatory damages awarded by the court: (i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the commission requiring payment from the auctioneers education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the auctioneers education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. If such license is that of a corporation, limited liability company, or partnership, the license of the supervising auctioneer of the corporation, limited liability company, or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the rate of 6 percent per annum, the amount paid from the auctioneers education, research, and recovery fund on such licensee’s account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the auctioneers education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the auctioneers education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent per annum. (e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the “auctioneers education, research, and recovery fund” and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic insurance companies under Articles 1 and 3 of Chapter 11 of Title 33, and the interest from these investments shall be deposited to the credit of the auctioneers education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the auctioneers education, research, and recovery fund. (f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and any such filing shall constitute a misdemeanor. (g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf of and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant. (h) When, upon the order of the court, the commission has paid from the auctioneers education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited in the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission’s attempting to collect assigned judgments shall be paid from the fund. (i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section. (j) The commission, in its discretion, may use any and all funds, in excess of the amount of $100,000.00 required by subsection (b) of this Code section, regardless of whether such funds are from the auctioneers education, research, and recovery fund or from accrued interest thereon for the purpose of helping to underwrite the cost of education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the auctioneers education, research, and recovery fund to be reduced to an amount less than $100,000.00. (k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $100,000.00 is maintained in the auctioneers education, research, and recovery fund, may assess each licensee, only upon renewal of his license, an amount not to exceed $150.00 per year. HISTORY: Code 1981,

§ 43-6-22.1, enacted by Ga. L. 1991, p. 801, § 3; Ga. L. 1992, p. 2450, § 1; Ga. L. 1993, p. 123, § 24; Ga. L. 1999, p. 592, § 17; Ga. L. 2000, p. 1589, § 3.

§ 43-6-23. Injunctions Whenever, in the judgment of the commission, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may bring an action in the name of the state in the superior court of the county in which venue is proper, to abate and temporarily and permanently to enjoin such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond. HISTORY: Code 1933, § 84-307A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1982, p. 3, § 43.

§ 43-6-24. Exceptions to operation of chapter Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any nonprofit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, nor shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer so long as the nonprofit organization obtains a letter of exemption from the commission. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H Club or the Future Farmers of America; provided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study. This chapter shall not apply to any person conducting a public sale of personal property pursuant to the provisions of Code Section 10-4-213. This chapter shall not apply to ringpersons as defined in Code Section 43-6-1. HISTORY: Code 1933, § 84-303A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1979, p. 1268, § 1; Ga. L. 1987, p. 596, § 7; Ga. L. 1989, p. 1409, § 6; Ga. L. 1990, p. 576, § 4; Ga. L. 1993, p. 1030, § 7; Ga. L. 1994, p. 1391, § 1; Ga. L. 1996, p. 657, § 10. § 43-6-24.1. Liabilities of licensed auctioneer not relieved Nothing in this chapter shall relieve an auctioneer licensed in this state of all his or her liabilities under this chapter. HISTORY: Code 1981, § 43-6-24.1, enacted by Ga. L. 1993, p. 1030, § 8.

§ 43-6-25. Penalty Any person or corporation acting as an auctioneer within the meaning of this chapter without a license and any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, by imprisonment for a term not to exceed 90 days, or both. HISTORY: Code 1933, § 84-322A, enacted by Ga. L. 1975, p. 53, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2014, p. 294, § 12/HB 1042.

§ 43-6-25.1. Local regulations and licensing Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this chapter unless such auctioneer has been approved for licensure by the commission as required in this chapter. HISTORY: Code 1981, § 43-6-25.1, enacted by Ga. L. 1987, p. 596, § 8

. § 43-6-26. Termination Repealed by Ga. L. 1992, p. 3137, § 6, effective July 1, 1992. The statutory materials reprinted or quoted verbatim on the following pages are taken from the Official Code of Georgia Annotated, Copyright 1984, 1988, 1991, 1994, 1999, 2002, 2005, 2006, 2007 by the State of Georgia, and are reprinted with the permission of the State of Georgia. All rights reserved.

RULES & REGULATIONS

Chapter 55-1 ORGANIZATION

 

Rule 55-1-.01 Organization of Commission

(1) The Georgia Auctioneers Commission is hereby created under the Secretary of State and Division Director, Professional Licensing Boards. The Commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Five members of the Commission shall be licensed auctioneers who shall have been residents of this State and actively engaged in the auctioneering business for at least five years. One member shall be a resident of this State and shall have no connection whatsoever with the practice or profession of auctioneering.
(2) No person shall serve more than two consecutive years as chairman

Rule 55-2-.01 Procedural Rules

The Georgia Auctioneers Commission hereby adopts by reference as its permanent rules Chapters 295-3 through 295-13, and any future amendments thereto, Rules and Regulations of the Office of the Joint Secretary, State Examining Boards, relating to Procedure for Hearings before the several State Examining Boards.

Rule 55-10-.01 Absolute Auction

Rule 55-3-.01 Corporations

(1) Any corporation desiring to obtain a license as an auction company shall furnish the following to the Commission:

(a) A completed, signed and notarized application form as prescribed by the Commission;
(b) Corporations must contribute to the Education, Research and Recovery Fund as provided in Rule 55-6-.01(f) and (g) .
(c) If such corporation is a foreign corporation, satisfactory evidence approved by the Commission that such corporation is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14;
(d) Satisfactory evidence approved by the Commission that the corporation employs or shall employ an auctioneer or auctioneers licensed under the provisions of this chapter to conduct any auctions in this state;
(e) Within 30 days after the receipt of a license, said company or corporation shall cause to be forwarded to the Commission the following:

1. The name of the bank and the account number of any escrow or trustee account wherein the funds of others held by the corporation or company are maintained;
2. An authorization permitting the examination of any escrow or trustee account by a duly authorized representative of the Commission when so directed by the Commission.
(2) A corporation or company owned by or employing one or more full-time auctioneers, licensed by the Commission, may be exempt from registration as provided in paragraph (1) of this rule by furnishing the following to the Commission:

(a) A completed and notarized application for exemption from company registration on a form approved by the Commission; and
(b) An affidavit from an auctioneer, licensed in Georgia, stating that he is the auctioneer directly supervising this corporation, and that all the proceeds of auctions of the corporations will be maintained in his escrow account.
(3) Any corporation or company that is exempt from registration under paragraph (2) must notify the Commission within 15 days after the supervising auctioneer leaves the employment of the corporation or company or terminates the association with the corporation or company for any reason. Until such time as the corporation or company requalifies for an exemption, the corporation or company must cease the business of auctioning. In addition, any supervising auctioneer who terminates his employment or association with a corporation or company for whom an exemption has been filed under paragraph (2) shall notify the Commission within 15 days of such termination.

Rule 55-3-.02 Applicants With Disabilities

The Commission will provide reasonable accommodation to a qualified applicant with a disability in accordance with the Americans With Disabilities Act. The request for an accommodation by an individual with a disability must be made in writing and received in the Commission office by the application deadline along with appropriate documentation, as indicated in the Request for Disability Accommodation Guidelines.

Rule 55-4-.01 Examinations

(1) Examination for Auctioneers shall be scheduled at such times as determined by the Commission. An applicant approved for an examination who fails to appear for three (3) consecutive examinations will not be permitted thereafter to stand the examination until he has submitted a new application, including the requisite examination fee, and the same has been approved by the Commission.
(2) All applications for examination, along with supporting documentation, must be received by the Commission’s office at least 40 days prior to the scheduled examination.

Rule 55-5-.01 Responsibilities of the Auctioneer

(1) The principal auctioneer of an auction shall mean the auctioneer or a licensed or exempt auction company considered by the seller and the crew working the auction as the principal auctioneer, or by contract as the principal auctioneer, and shall be responsible for all aspects of said auction.
(2) The principal auctioneer shall be responsible for the inclusion of his/her name and license number or the name and license number of the auctioneer and/or auction company for which the auctioneer is employed in any circular and in any other type advertisement advertising an auction.
(3) The auction company shall be responsible for maintaining for a period of three years from each auction:

(a) An executed contract, which shall include:

1. The name(s), and address(es), telephone number(s) and signature( s) of the seller(s) of the property offered;
2. The name(s), addresses(es), telephone number(s) and signature( s) of the auctioneer in charge of the sale;
3. The date of execution;
4. The proposed date and place that the auction is to be held;
5. Terms of compensation;
6. Date of proposed settlement.
(b) A closing statement, which shall include:

1. The name(s) and address(es) of the seller(s) of the property offered;
2. The price at which the property sold;
3. The date and place of said auction;
4. The date the proceeds were delivered to said owner;
5. Signature(s) of the seller(s); and
6. Lists of items sold.( These records shall be subject to inspection, upon request by the Commission or its representative.)

Rule 55-5-.02 Escrow Accounts

(1) Prior to the issuance of a license, each auctioneer shall forward or shall cause to be forwarded to the Commission the following:

(a) The name of the bank and the account number of any escrow or trustee account wherein the funds of others held by the Auctioneer are maintained.
(b) An authorization permitting the examination of any escrow or trustee account by a duly authorized representative of the Commission when so directed by the Commission.
(2) All licensed auctioneers are required to deposit all proceeds from all auctions into an/a escrow/trust account(s), within forty-eight (48) hours or the next business day after collection of the funds, unless settlement is made within 24 hours.
(3) Any licensed auctioneer in Georgia who works directly for an auction company or who works directly for another licensed auctioneer who maintains an active escrow account may use that escrow account and number in all applications for licensure or renewal, provided that the escrow account is used solely for the purpose of holding funds of others in relation to auctions.

Rule 55-6-.01 Fees, Expiration Dates, and Late Renewals

(1) All fees for applications for license, renewals, late renewals, reinstatements, and all other fees which may be authorized by law shall be established by the Commission periodically as set forth on a fee schedule and may be obtained from the Commission office. Such fees must be paid directly to the Commission office.
(2) Late Renewal Fee: All licenses expire on February 28 of each even numbered year.Renewals received after February 28th will result in a penalty fee so long as a renewal is received by May 31st following the February 28th expiration deadline. Failure to renew a license prior to June 1 following the expiration deadline, will result in revocation of the license and will require a new application, reexamination, license fees and penalty fee for reinstatement of such revoked license. (See fee schedule maintained by Commission Office.)
(3) Fees for Auctioneering Schools: All fees for applications for auctioneering schools and other licenses, renewals, late renewals, and all other fees that may be authorized by law shall be established by the Commission periodically as set forth on a fee schedule and may be obtained from the Commission office.

(a) A penalty fee as prescribed by the Commission shall be imposed for practicing as an auctioneer or operating an auctioneering company prior to being licensed by the Georgia Auctioneers Commission. (See fee schedule maintained by Commission Office.)
(4) When an application for an original license is made, the licensee shall contribute an amount established by the Commission into the Education, Research and Recovery Fund. See fee schedule maintained by the Commission Office for current contribution required.
(5) The Commission may require additional contributions to the Education, Research and Recovery Fund at any renewal period, provided the request is in compliance with O.C.G.A. Section 43-6-22.1 .

 Rule 55-7-.01 Full-time Auctioneer

A “full-time auctioneer licensed by the Commission” is:

(a) an individual licensed by the Commission who owns the company; or
(b) an individual licensed by the Commission who is employed by the company and who works as an auctioneer exclusively for that company.

Rule 55-7-.02 Definition/Responsibilities of Auctioneer Directly Supervising the Company

(1) The auctioneer directly supervising the company is a full-time auctioneer licensed by the Commission who shall be responsible for the advertising and management of the sale, shall account for all proceeds therefrom and shall sign and issue a closing statement to the seller.
(2) Any circular or other advertisement advertising a sale shall contain the name and number of the full-time auctioneer directly supervising the company.

Rule 55-7-.03 Notarized Statement

A company applying for exemption from company registration must provide a notarized statement from the auctioneer owning or directly supervising the company stating:

(a) That the auctioneer works as an auctioneer exclusively for the company and that he directly supervises the company or that the auctioneer owns the company; and
(b) the auctioneer’s Georgia auctioneers license number.

Rule 55-7-.04 Loss of Auctioneer Directly Supervising the Company

A company that applies for and receives exemption from company registration must provide written notification to the Commission within 15 days of termination of ownership or the relationship between the company and the full-time auctioneer directly supervising the company. Furthermore, immediately upon such termination, the company must either register with the Commission or cease all business of auctioneering until such time as it retains a full-time auctioneer to directly supervise the company and is granted another exemption from the Commission upon compliance with Rule 55-7-.03 .

Rule 55-8-.01 Schools

(1) Schools of auctioneering seeking approval must provide the Commission with the following information:

(a) Completed application on a form approved by the Commission and required fee. (See fee schedule.)
(b) Submit evidence that all instructors in the school have a minimum of five years of experience in the auction profession, or in a profession directly related to the instruction material;
(c) Submit evidence of a policy requiring students to spend at least 80 credit hours in class and 10 days in attendance, and to be completed within an 80-day calendar period for certification of graduation from the school;
(d) Submit a copy of the written examination required for certification of graduation from the school, the testing policy, and the passing score for the test; and
(e) Submit a curriculum which contains a minimum of 80 credit hours earned in not less than ten (10) days which must include the following subjects:

1. Bid calling;
2. Georgia law, rules and regulations governing the profession of auctioneering;
3. Ethics;
4. Laws relating to bulk sales and the uniforms commercial code as it relates to auctioneering;
5. Advertising;
6. Contracts; and
7. Accounting and bookkeeping procedures, and final settlements. Other subjects that may be included in the curriculum are: antiques and furniture, art, automobiles, bankruptcy, estates, business liquidations, farm equipment, heavy machinery, jewelry, livestock, real estate, tobacco, set-up, conducting, personnel, and personal hygiene.
(2) An approved school shall notify the Commission within 30 days of any change(s) in the curriculum plan that was submitted with the application as required by paragraph (1) during the time the school is approved.
(3) An approved school which fails to comply with any requirement provided by the laws or rules, or which fails to meet the requirements provided in paragraph (1) of this rule may lose its approval by the Commission after written notice by mail to the last address on file with the Commission. The school has ten (10) days to respond to the notice. If the notice is returned “undeliverable,” “unclaimed,” “address unknown,” or “moved, left no forwarding address,” or if the school fails to respond within the ten (10) days, the school shall be deemed to waive its right to respond.
(4) All approved schools must renew Commission-approval and pay a renewal fee as prescribed by the Commission on or before February 28, of even years beginning in 2006.
(5) Any school during the time it is approved by the Commission may use only the following language indicating its approval status in all materials or advertisements published and/or distributed on behalf of the school: “This school was approved by the Georgia Auctioneers Commission on (date) and its approval expires February 28, (year).”

Rule 55-9-.01 Continuing Education

When an auctioneer makes application for renewal of a license, the licensee shall submit with the renewal form, proof, in a form acceptable to the Commission, that the licensee has acquired Commission approved Continuing Education. Continuing Education shall not be required of company licensee holders unless the company owner is a licensed auctioneer. This provision takes effect after the 1991 renewal period.

Rule 55-9-.02 Hour Requirement

Renewal of a license shall not be granted unless the licensee submits satisfactory proof of at least eight (8) hours of Commission-approved Continuing Education within the previous 24 months.

Rule 55-9-.03 Commission Approval of Continuing Education

In the discretion of the Commission, the following types of educational activities and credits may be granted:

(a) Any seminar underwritten by the Commission or its representative (hour for hour).
(b) Any seminar sponsored by the National Auctioneers Association or any State Auctioneers Association that is acknowledged by the National Auctioneers Association (hour for hour);
(c) Courses related to the profession of auctioneering given by any certified institution of higher learning or Commission-approved auction school (hour for hour per course);
(d) Presentation of an auctioneer-related paper for a seminar or conference prepared and presented by the licensee (approval and credit determined by the Commission);
(e) Instruction at any Commission-approved seminar or auction school (course outline must be approved by the Commission);
(f) Publication of an auctioneer-related article in a Commission-recognized professional journal (approval and credit determined by the Commission);
(g) Internet, electronic or home study course. Providers of Internet, electronic or home study courses must meet the same requirements as listed in paragraphs (a), (b), and (c) above; and
(h) CE providers of any sort shall provide written proof of attendance and/or completion of CE courses to all attendees and electronic lists of attendees and/or completion to Commission in a format approved by the Commission.

 

Rule 55-10-.01 Absolute Auction

(1) No auction shall be advertised as “absolute” nor shall any advertising contain the words “absolute auction” or the word “absolute” or words with similar meaning nor shall any licensee offer or sell any property at absolute auction unless:

(a) There are no liens or encumbrances on the property, except current tax obligations, easements, or restrictions of record, in favor of any person, firm, or corporation other than the seller, or unless each and every holder of each and every lien and encumbrance, by execution of the auction listing contract, or otherwise furnishing to the auctioneer written evidence of a binding commitment therefor, shall have agreed to the unqualified acceptance of the highest bid for the property, without regard to the amount of the highest bid or the identity of the high bidder; or, alternatively, that a financially responsible person, firm, or corporation, by execution of the auction listing contract or by otherwise furnishing to the auctioneer written evidence of a binding commitment therefor, shall have absolutely guaranteed the forthwith and complete discharge and satisfaction of any and all liens and encumbrances immediately after the sale or at the closing, without regard to the amount of the highest bid received, or the identity of the high bidder; and
(b) There is the bona fide intention at the time of the advertising and at the time of the auction sale, to transfer ownership of the property, regardless of the amount of the highest and last bid, to the high bidder, that intent existing without reliance on any agreement that any particular bid or bid level must be made or be reached, below which level the property would not be transferred to the high bidder; and
(c) The auction listing contract contains a binding requirement that the sale be conducted without reserve, by specific inclusion of an acknowledgment by the seller that the seller, or anyone acting upon behalf of the seller, shall not bid at the absolute auction, or otherwise participate in the bidding process.
(2) Compliance with subsection (1) of this section shall not prohibit:

(a) A secured party or other lien holder who is not the seller from bidding at an absolute auction sale, providing that such bidding does not constitute, nor is it tantamount to the direct or indirect establishment or agreement to the establishment of a reserve price on the property by the seller or by the auctioneer, or by anyone aiding or assisting, or acting upon behalf of, the seller or the auctioneer; or
(b) The inclusion of nonmisleading advertising of certain property to be sold at “absolute auction” and the nonmisleading advertising of certain property to be sold at auction with reserve, within the same advertisement, or for sale at the same date and place, providing that advertisement shall make clearly apparent through equal or appropriate emphasis, which property is being sold by each method.
(3) Any auction sale is, without requirement of announcement at any time, presumed to be with reserve unless the property are in explicit terms put up at absolute auction. An auction without reserve means an absolute auction. An auction with reserve means the property may be put up subject to the seller’s confirmation or subject to a certain reserve price.
(4)
(a) Except as provided in subsection (2) of this section, the seller may not bid at an absolute auction, nor may anyone bid upon his behalf. No licensee shall knowingly receive such a bid by or on behalf of the seller at an absolute auction.
(b) Bids may be made by the seller, or upon the seller’s behalf, at any auction with reserve, provided that full disclosure has been made that liberty for such bidding is retained. No licensee shall knowingly receive such a bid in the absence of full disclosure.
(c) There shall be no requirement at a with reserve sale that the reserve be announced when it is attained.

 


FEES

Georgia Auctioneers Commission 237 COLISEUM DRIVE MACON, GA 31217 478-207-2440 www.sos.ga.gov

FEE SCHEDULE (APPLICATION FEES ARE NON-REFUNDABLE)

AUCTIONEER LICENSE Application Fee (non-refundable) $200.00

Auctioneer Recovery Fund Fee (Separate non-refundable fee paid to “Recovery Fund”) $150.00

Penalty Fee for Practicing as an Auctioneer Prior to Licensure – In addition to the license fee $250.00

Renewal Fee – Received by February 28 of the Renewal Year $150.00

Late Renewal Fee – Received Between February 28 and May 31 After the Renewal Deadline $250.00

Reinstatement of License Fee – after late renewal deadline, at the Commission’s discretion. $400.00

AUCTION COMPANY LICENSE

Application Fee $200.00

Auctioneer Recovery Fund Fee (Separate non-refundable fee paid to “Recovery Fund”) $150.00

Penalty Fee for Operating an Auction Company Prior to Licensure – In Addition to the License Fee $250.00 Renewal Fee – Received by February 28 of the Renewal Year $150.00

Late Renewal Fee – Received Between February 28 and May 31 After the Renewal Deadline $250.00

Reinstatement of License Fee – after late renewal deadline, at the Commission’s discretion. $400.00

AUCTIONEER SCHOOLS

Application Fee $195.00

Renewal Fee $100.00

OTHER FEES

License Certification Letter $ 25.00

Duplicate License Fee $ 25.00

Decorative Wall Certificate $ 25.00

Change of Name or Address $ 25.00

Examination Fee (Contact PSI Exams Online for current fee after October 1, 2009.) More information will be available prior to October 1 for contacting PSI.

Checks or money orders should be made payable to Georgia Auctioneers Commission, unless otherwise noted. Application fees are non-refundable. Checks returned for insufficient funds will be assessed a service charge pursuant to O.C.G.A. §  16-9-20.




ILLINOIS AUCTION LAW, RULES & REGULATIONS AND FEES

The Illinois Board of auctioneers has opted to only have their direct link to the law, rules and fees listed here.  This way when you access their law etc., you will be viewing the most recent version.  The direct links are:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActlD=1350&ChapterlD=24

http://www.ilga.gov/commissions/jcar/admincode/068/0680144sections.html

 




INDIANA AUCTION LAW, RULES & REGULATIONS AND FEES

INDIANA CODE § 25-6.1 – Auctioneers and Auctions

  • Chapter 1. Short Title and Definitions
  • Chapter 2. Creation of Commission
  • Chapter 3. Licensing
  • Chapter 4. Suspension and Revocation of Licenses
  • Chapter 5. Repealed
  • Chapter 6. Licensee Obligations
  • Chapter 7. Penalties
  • Chapter 8. Auctioneer Recovery Fund
  • Chapter 9. Continuing Education
IC 25-6.1ARTICLE 6.1. AUCTIONEERS AND AUCTIONS IC 25-6.1-1
 
Chapter 1. Short Title and Definitions
IC 25-6.1-1-1 Short title
Sec.1. Short Title. This article shall be known and may be cited as the “Auctioneer and Auction Licensing Act.”As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-1-2 Scope of article
Sec.2. This article provides licensing and registration for persons engaged in operating, conducting or otherwise producing auctions.No other agency or political subdivision of the state shall impose on a licensee or seller at auction any registration or license requirement or any license or employment fee or charge on account of such auction activities.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.1.IC 25-6.1-1-3Definitions Sec. 3. As used in this article:”Auction” means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of the auctioneer’s audience, which exchanges consist of a series of invitations for offers for the purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.”Auction company” means any person or persons who, as a part of its business, arranges, manages, sponsors, advertises, or carries out auctions.”Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of offers for the purchase of goods or real estate at an auction.”Commission” means the Indiana auctioneer commission.”Goods” means any goods, wares, chattels, merchandise, or other personal property, including domestic animals and farm products.”Licensee” means any person licensed under this article and, in the case of an auction company, includes the person required to obtain a license for such auction company.”Organization” means a corporation, a limited liability company,Indiana Code 2015
a partnership, a trust (specifically including a business trust), a firm,an association, or any other form of business enterprise which is owned by two (2) or more individuals.”Person” means an organization or an individual.”Real estate” means any right, title, or interest in real property,including fixtures.”Licensing agency” means the Indiana professional licensingagency established by IC 25-1-5-3.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.2; Acts 1981, P.L.222, SEC.35; P.L.132-1984, SEC.14;P.L.214-1993, SEC.13; P.L.1-2006, SEC.422; P.L.59-2014, SEC.1
IC 25-6.1-2
Chapter 2. Creation of Commission
IC 25-6.1-2-1 Creation and membership
Sec. 1. Creation and Membership.
(a) The Indiana auctioneer commission is created consisting of six (6) members, not more than four (4) of whom may be members of the same political party.
(b) A member of the commission is appointed by the governor to serve for a term of three (3) years and until his successor is appointed and qualified. A vacancy arising on the commission shall be filled by the governor, and the individual appointed to fill such vacancy shall serve for the unexpired term of the individual whose vacancy is being filled
(c) Five (5) individuals appointed to membership on the commission must be citizens of Indiana and engaged as auctioneers for a period of not less than five (5) years immediately preceding their appointment. One (1) individual appointed to membership on the commission must be a citizen of Indiana who has not been associated with auctioneering in any way other than as a consumer.
(d) An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1981,P.L.222, SEC.36.
IC 25-6.1-2-2 Meetings
Sec. 2. (a) The commission shall, at its first meeting each year, at a time and place established by the chairman, conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members
.(b) Three (3) members constitute a quorum for the purpose of transacting business. A majority vote of the commission is necessary to bind the commission.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.177-2015,SEC.15.
IC 25-6.1-2-3 Officers; duties; terms
Sec. 3. (a) At the first meeting held each year, the commission shall elect from its membership a chairman and a vice chairman. Each officer shall serve for a term of one (1) year and until the officer’s successor is elected.
(b) The chairman shall preside at all meetings of the commission(c) The vice chairman shall act as presiding officer in the absence
of the chairman and shall perform such other duties as the chairman may direct.
(d) The commission shall be provided with an executive secretary by the licensing agency. The person provided may not be a member of the commission.
(e) The executive secretary, through the licensing agency, shall:
(1) notify all members of meetings;
(2) keep a record of all meetings of the commission, votes taken by the commission, and other proceedings, transactions,communications, official acts, and records of the commission;and
(3) perform other duties as the chairman directs.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.3; Acts 1981, P.L.222, SEC.37; P.L.132-1984, SEC.15;P.L.177-2015, SEC.16
IC 25-6.1-2-4 Per diem and expenses
Sec. 4. Per Diem and Expenses. Each member of the commission shall receive a salary per diem for each day actually engaged in service of the commission, together with reimbursement for necessary travel expense incurred in the performance of his strictly official duties, in accordance with travel policies and procedures established by the department of administration and the state budget agency. The compensation and expense of said commission shall be paid out of the general fund of the state upon appropriation being made therefor in the manner provided by law for the making of such appropriations.As added by Acts 1977, P.L.270, SEC.1
IC 25-6.1-2-5 Powers
Sec. 5. (a) The commission is empowered to do the following:
(1) Administer and enforce the provisions of this article.
(2) Adopt such rules in accordance with IC 4-22-2 and such forms as are necessary or appropriate for the administration and the effective and efficient enforcement of this article.
(3) Issue, suspend, and revoke licenses in accordance with this article
(4) Subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this article or the rules, and to take appropriate action pursuant to IC 25-1-11.
(5) Bring actions, in the name of the state of Indiana, in an appropriate circuit court in order to enforce compliance with this article or the rules by restraining order or injunction.
(6) Hold public hearings on any matters for which a hearing is required under this article and to have all powers granted in Indiana Code 2015
IC 4-21.5
.(7) Adopt a seal and, through its secretary, certify copies.
(b) The licensing agency shall provide necessary employees and consultants to enforce this article
(c) The commission shall adopt rules under IC 4-22-2 establishing the following:
(1) Standards for competent:
(A) practice as an auctioneer; and
(B) operation of an auction company.
(2) Continuing education requirements for an individual who has reactivated an auctioneer license with less than twelve (12)months remaining in the licensing period.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.4; Acts 1981, P.L.222, SEC.38; P.L.132-1984, SEC.16;P.L.7-1987, SEC.112; P.L.1-1991, SEC.163; P.L.238-1995, SEC.1;P.L.59-2014, SEC.2.
IC 25-6.1-2-6 Fees; disposition
Sec. 6. Fees, disposal. All fees received by the commission under this article shall be paid to the state treasurer to be placed by him in the general fund of the state. All records of such fees received by the commission shall be available for the inspection of the general public.As added by Acts 1977, P.L.270, SEC.1.
 IC 25-6.1-3 Chapter 3. Licensing
IC 25-6.1-3-1 Coverage
Sec. 1. Coverage.
(a) Except as provided in subsection (b), no individual may act as an auctioneer and no person may operate an auction company without obtaining and having in full force and effect a valid license issued by the commission in accordance with this chapter.
(b) The requirements of this article do not apply to:
(1) An auction of goods or real estate conducted exclusively by individuals who personally own such goods or real estate and who did not acquire such goods or real estate for resale
(2) An auction conducted by or under the direction of any public authority.
(3) An auction conducted pursuant to any judicial order or to the settlement of a decedent’s estate.
(4) A sale conducted by or on behalf of any political party,church, charitable corporation, or association if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold himself or herself out as being available to engage in the sale of goods or real estate at auction.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.8-1993,SEC.374; P.L.59-2014, SEC.3
IC 25-6.1-3-2 Auctioneer license
Sec. 2. (a) Every individual, before acting as an auctioneer, must obtain a license from the commission.
(b) An applicant for a license must:
(1) be at least eighteen (18) years of age;
(2) have completed at least eighty (80) actual hours of auction instruction from a course provider approved by the commission
;(3) not have a conviction for:
(A) an act which would constitute a ground for disciplinary sanction under IC 25-1-11; or
(B) a felony that has a direct bearing on the applicant’s ability to practice competently.
(c) Auction instruction required under subsection (b) must provide the applicant with knowledge of all of the following:
(1) The value of real estate and of various goods commonly sold at an auction
(2) Bid calling(3) Sale preparation, sale advertising, and sale summary.
(4) Mathematics
(5) The provisions of this article and the commission’s rules
(6) Any other subject matter approved by the commission.Indiana Code 2015
(d) An individual seeking an initial license as an auctioneer under this article shall file with the commission a completed application on the form prescribed by the commission. When filing an application for an auctioneer license, each individual shall pay a nonrefundable examination fee established by the commission under IC 25-1-8-2
(e) When applying for a renewal of an auctioneer license, each individual shall do the following:
(1) Apply in a manner required by the commission, including certification by the applicant that the applicant has complied with the requirements of IC 25-6.1-9-8, unless the commission has granted the applicant a waiver under IC 25-6.1-9-9.(2) Pay the renewal fee established by the commission under IC 25-1-8-2.
(f) Upon the receipt of a completed application for an initial or a renewal license, the commission shall examine the application and may verify the information contained therein.(g) An applicant who is seeking an initial license must pass an examination approved by the commission that covers subjects and topics of knowledge required to practice as an auctioneer. The commission shall hold examinations as the commission may prescribe.
(h) The commission shall issue an auctioneer’s license, in such form as it may prescribe, to each individual who meets all of the requirements for licensing and pays the appropriate fees.
(i) Auctioneer licenses shall be issued for a term of four (4) years.Subject to IC 25-1-2-6(e), a license expires at midnight on the date established by the licensing agency under IC 25-1-6-4 and every fourth year thereafter, unless renewed before that date. If the license has expired, it may be reinstated not later than four (4) years after the date it expired if the license holder meets the requirements of IC 25-1-8-6(c)
.(j) If a license has expired for a period of more than four (4) years,the holder of the license may have the license reinstated by satisfying the requirements for reinstatement under IC 25-1-8-6(d).
(k) The commission may waive the requirement that a nonresident applicant pass an examination and that the nonresident submit written statements by two (2) individuals, if the nonresident applicant:
(1) is licensed to act as an auctioneer in the state of the applicant’s domicile;
(2) submits with the application a duly certified letter of certification issued by the licensing board of the applicant’s domiciliary state;
(3) is a resident of a state whose licensing requirements are substantially equal to the requirements of Indiana;
(4) is a resident of a state that grants the same privileges to thelicensees of Indiana; and
(5) includes with the application an irrevocable consent that actions may be commenced against the applicant. The consent shall stipulate that service of process or pleadings on the commission shall be taken and held in all courts as valid and binding as if service of process had been made upon the applicant personally within this state. If any process or pleading mentioned in this subsection is served upon the commission, it shall be by duplicate copies. One (1) of the duplicate copies shall be filed in the office of the commission and one (1) shall be immediately forwarded by the commission by registered or certified mail to the applicant against whom the process or pleadings are directed.
(l) The commission may enter into a reciprocal agreement with another state concerning nonresident applicants.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.5; Acts 1981, P.L.222, SEC.39; Acts 1982, P.L.113,SEC.32; P.L.3-1990, SEC.87; P.L.214-1993, SEC.14; P.L.238-1995,SEC.2; P.L.23-2003, SEC.3; P.L.194-2005, SEC.19; P.L.157-2006,SEC.25; P.L.105-2008, SEC.16; P.L.59-2014, SEC.4; P.L.177-2015,SEC.17
.IC 25-6.1-3-3 Repealed
(As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.6; P.L.3-1990, SEC.88; P.L.214-1993, SEC.15;P.L.84-1998, SEC.19; P.L.23-2003, SEC.4; P.L.105-2008, SEC.17.Repealed by P.L.59-2014, SEC.5.)
IC 25-6.1-3-4 Auction company license
Sec. 4. (a) Every person other than:
(1) an individual who is a licensed auctioneer; or
(2) an individual who has a licensed auction house (until July 1,2014);who is seeking to operate as an auction company must obtain a license from the commission. Notwithstanding the fact that an individual who is a licensed auctioneer or (until July 1, 2014) an individual who has a licensed auction house also has an interest in an organization, every organization which seeks to operate an auction company must obtain a license for that auction company.
(b) After June 30, 2014, an individual who holds an auction house license under IC 25-6.1-3-3 (before its repeal) may not conduct business without holding an auction company license as required under this article. This subsection expires April 1, 2016
(c) An individual who holds an unexpired auction house license under IC 25-6.1-3-3 (before its repeal) may file with the commission a completed application for an auction company license on the form prescribed by the commission in rules adopted by the commission under IC 4-22-2. Upon the receipt of a completed application for an auction company license under this chapter, the commission shall examine the application and may verify the information contained in the application. Upon a determination by the commission that an Indiana Code 2015
application is complete and verified, the commission shall issue an auction company license, in a form it prescribes, to the applicant fora term equal to the remaining term of the unexpired auction house license. If an individual described in this subsection files a completed application for an auction company license before June 1, 2014, the commission shall determine whether the application is complete and verified before June 15, 2014. If the commission determines that the application is complete and verified, the commission shall issue the  individual an auction company license before July 1, 2014.
(d) Every such person shall file with the commission a complete application on the form prescribed by the commission. Each application shall be accompanied by the license fee prescribed by section 5 of this chapter and a surcharge described in IC 25-6.1-8-2.
(e) Upon the receipt of a completed application for an initial or renewal license, the commission shall examine the application and may verify the information contained therein.(f) Upon a determination by the commission that an application is complete and duly verified, the commission shall issue an auction company license, in such form as it may prescribe, to the applicant
.(g) Auction company licenses shall expire on a date established by the licensing agency under IC 25-1-6-4, and every fourth year t hereafter
.(h) If the holder of an auction company license does not renew the license by the date established by the licensing agency, the license expires and becomes invalid without any action taken by the commission.
(i) The holder of an auction company license that has been expired for not more than four (4) years may have the license reinstated by meeting the requirements under IC 25-1-8-6(c).
(j) The holder of an auction company license that has been expired for more than four (4) years may have the license reinstated by satisfying the requirements for reinstatement under IC 25-1-8-6(d).

(k) Any individual who wishes to operate an auction company,and who is exempt under subsection (a) from obtaining an auction company license, shall, not more than thirty (30) days before the date on which the individual begins to operate an auction company, notify the commission, in a writing signed by the individual, that the individual is operating as an auction company or as more than one (1)auction company. The individual shall specify in such written notification the trade or business name, and the address of the principal place of business, of each auction company which the individual operates. Whenever an individual to whom this subsection applies shall discontinue the operation of an auction company theretofore operated by the individual, or shall change its address or trade or business name, the individual shall promptly notify the secretary of the commission of such discontinuance or change, in a writing signed by the individual.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.7; P.L.3-1990, SEC.89; P.L.214-1993, SEC.16 P.L.23-2003, SEC.5; P.L.105-2008, SEC.18; P.L.59-2014, SEC.6.

IC 25-6.1-3-5 License fee; surcharge
Sec. 5. At the time of obtaining a license under this chapter, thelicensee shall pay:
(1) the license fee established by the commission under
IC 25-1-8-2; and
(2) a surcharge under IC 25-6.1-8 for deposit in the auctioneer recovery fund.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.256-1987,SEC.2; P.L.23-2003, SEC.6; P.L.194-2005, SEC.20
IC 25-6.1-3-6 License requirement 
Sec. 6. All auctions arranged by or through an auction company shall be conducted exclusively by individuals who are licensed as auctioneers under this chapter.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.59-2014, SEC.7.
IC 25-6.1-3-7 Display of license
Sec. 7. Display of License. Every person licensed under this article shall display his license or a certified copy of it issued by the commission in the full and unobstructed view of the public at his principal place of business.As added by Acts 1977, P.L.270,SEC.1
IC 25-6.1-3-8 Duplicates and certified copies of licenses; fees
Sec. 8. (a) The commission may charge the fee established under IC 25-1-8-2 as the cost of providing duplicate licenses to replace lost or destroyed licenses.
(b) The commission may charge a fee established under IC 25-1-8-2 for the cost of verifying a license to another state.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.235-1995,SEC.2; P.L.194-2005, SEC.21
IC 25-6.1-3-9 Cease and desist order
Sec. 9. Cease and Desist Order. (a) When the commission determines that a person not licensed under this article is engaged in or is believed to be engaged in activities for which a license is required under this article, the commission may issue an order to that person requiring him to show cause why he should not be ordered to cease and desist from such activities. The show cause order shall set forth a time and place for a hearing at which the affected person may appear and show cause as to why he should not be subject to Indiana Code 2015 licensing under this article.
(b) If the commission, after a hearing, determines that the activities in which the person is engaged are subject to licensing under this article, the commission may issue a cease and desist order which shall describe the person and activities which are the subject of the order.
(c) A cease and desist order issued under this section shall been forceable in the circuit courts of this state.As added by Acts 1977, P.L.270, SEC.1
IC 25-6.1-3-10  Denial of license; rights and remedies
Sec. 10. Any person who makes proper and complete application to the commission and who is denied a license under this article has all of the rights and remedies prescribed in
IC 4-21.5.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.7-1987,SEC.113.
IC 25-6.1-4
Chapter 4. Suspension and Revocation of Licenses
IC 25-6.1-4-1
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-6.1-4-1.1
Repealed
Repealed by P.L.214-1993, SEC.91.)
IC 25-6.1-4-2
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-6.1-4-3
Repealed(
Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-6.1-4-4
Hearing
Sec. 4. All hearings held under this chapter shall be held in accordance with IC 4-21.5-3.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.7-1987,SEC.114
IC 25-6.1-5
Repealed
(Repealed by P.I.256-1987, SEC.5)
IC 25-6.1-6
Chapter 6. Licensee Obligations
IC 25-6.1-6-1
Performance by auctioneer
Sec. 1. Performance by Auctioneer. In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods or real estate being sold at the auction, shall perform his duties so that the highest or most favorable offer made by a member of his audience is accepted, and shall otherwise perform his duties in accordance with the highest standards of the auctioneering profession.As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-6-2
Accounting and paying over
Sec. 2. Accounting and Paying Over. (a) Every licensee, within thirty (30) days after the sale transaction, shall account to, or see to an accounting for, those persons who own or who are acting as consignor of goods or real estate which is the subject of an auction engaged in or conducted by such licensee or upon such licensee’s premises
(b) Every licensee, within thirty (30) days after a sale transaction of goods and within a reasonable time after a real estate sale transaction, shall pay over, or see to the paying over of, all monies and proceeds due to the owner or the consignor of goods or real estate which was the subject of an auction engaged in or conducted by such licensee or upon such licensee’s premises.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.9.
IC 25-6.1-6-3
Records and accounts
Sec. 3. Records and Accounts. Each licensee shall keep and maintain in a place of safety for a period of not less than two (2)years complete and correct records and accounts pertaining to that licensee’s licensed activity, including the name and address of the owner or consignor of all goods and real estate involved in such activities, a description of such goods and real estate, the terms and conditions of the acceptance and sale of such goods and real estate,and accounts of all monies received and paid out, whether on the licensee’s own behalf or as agent, as a result of such activities.As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-6-4
Written contracts
Sec. 4. No licensee shall sell goods or real estate at auction until the auctioneer or auction company involved has first entered into a Indiana Code 2015
written contract with the owner or consignor of such goods or real estate, which contract sets forth the terms and conditions upon which such auctioneer or auction company accepts the goods or real estate for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.10; P.L.59-2014, SEC.8
.IC 25-6.1-6-5
Advertising
Sec. 5. Advertising. All advertisements of auctions shall disclose:(1) the auctioneer’s name and the name of the auction company involved; and(2) the name of the owner or consignor of goods or real estate to be sold or the fact that the goods are being sold on general consignment.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.11; P.L.59-2014, SEC.9
.IC 25-6.1-6-6
Trust accounts
Sec. 6. (a) Each licensee:
(1) shall keep in one (1) or more trust accounts (interest or non interest bearing) all funds belonging to others that come into the possession of the licensee and are held by the licensee for more than twenty-four (24) hours after the funds become available for use by the licensee; and
(2) shall clearly identify any account containing those funds as a trust account.
The trust accounts shall contain all auction proceeds not yet disbursed and all other funds belonging to others.
(b) The licensee shall not use any trust account for the deposit of any personal funds or other business funds and shall keep a detailed record of the funds and any interest accrued in each trust account that identifies the amount of funds held for each beneficiary. Any interest earned shall be held for the beneficiary.
(c) Upon the death or termination of a licensee or the expiration or revocation of the licensee’s license, the commission shall take custody of each trust account and may appoint a successor trustee to protect and distribute the proceeds of that account.As added by P.L.256-1987, SEC.3.
 
IC 25-6.1-6
Chapter 6. Licensee Obligations
IC 25-6.1-6-1
Performance by auctioneer
Sec. 1. Performance by Auctioneer. In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods or real estate being sold at the auction, shall perform his duties so that the highest or most favorable offer made by a member of his audience is accepted, and shall otherwise perform his duties in accordance with the highest standards of the auctioneering profession.As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-6-2
Accounting and paying over
Sec. 2. Accounting and Paying Over. (a) Every licensee, withinthirty (30) days after the sale transaction, shall account to, or see toan accounting for, those persons who own or who are acting asconsignor of goods or real estate which is the subject of an auctionengaged in or conducted by such licensee or upon such licensee’spremises
.(b) Every licensee, within thirty (30) days after a sale transaction of goods and within a reasonable time after a real estate sale transaction, shall pay over, or see to the paying over of, all monies and proceeds due to the owner or the consignor of goods or real estate which was the subject of an auction engaged in or conducted by such licensee or upon such licensee’s premises.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.9
IC 25-6.1-6-3
Records and accounts
Sec. 3. Records and Accounts. Each licensee shall keep and maintain in a place of safety for a period of not less than two (2)years complete and correct records and accounts pertaining to that licensee’s licensed activity, including the name and address of the owner or consignor of all goods and real estate involved in such activities, a description of such goods and real estate, the terms and conditions of the acceptance and sale of such goods and real estate,and accounts of all monies received and paid out, whether on the licensee’s own behalf or as agent, as a result of such activities.As added by Acts 1977, P.L.270, SEC.1
.IC 25-6.1-6-4
Written contracts
Sec. 4. No licensee shall sell goods or real estate at auction until  the auctioneer or auction company involved has first entered into a Indiana
written contract with the owner or consignor of such goods or real estate, which contract sets forth the terms and conditions upon which such auctioneer or auction company accepts the goods or real estate for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.10; P.L.59-2014, SEC.8
.IC 25-6.1-6-5
Advertising
Sec. 5. Advertising. All advertisements of auctions shall disclose:
(1) the auctioneer’s name and the name of the auction company involved; and
(2) the name of the owner or consignor of goods or real estate to be sold or the fact that the goods are being sold on general consignment.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.11; P.L.59-2014, SEC.9
.IC 25-6.1-6-6
Trust accounts
Sec. 6. (a) Each licensee:
(1) shall keep in one (1) or more trust accounts (interest or non interest bearing) all funds belonging to others that come into the possession of the licensee and are held by the licensee for more than twenty-four (24) hours after the funds become available for use by the licensee; and
(2) shall clearly identify any account containing those funds asa trust account.The trust accounts shall contain all auction proceeds not yet disbursed and all other funds belonging to others
(b) The licensee shall not use any trust account for the deposit of any personal funds or other business funds and shall keep a detailed record of the funds and any interest accrued in each trust account that identifies the amount of funds held for each beneficiary. Any interest earned shall be held for the beneficiary.
(c) Upon the death or termination of a licensee or the expiration or revocation of the licensee’s license, the commission shall take custody of each trust account and may appoint a successor trustee to protect and distribute the proceeds of that account.As added by P.L.256-1987, SEC.3.
IC 25-6.1-7
Chapter 7. Penalties
IC 25-6.1-7-1 Failure to be licensed
Sec. 1. (a) An individual may not act as an auctioneer without first having obtained and having in full force and effect the license required under this article.
(b) A person (except a person who shall have become exempt, by reason of compliance with the provisions of IC 25-6.1-3-4, from the auction company licensing requirements of this article) may not operate an auction company without first having obtained and having in full force and effect the auction company license required under this article
(c) A person who knowingly or intentionally violates the provisions of this section commits a Class A misdemeanor.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.84-1998,SEC.20; P.L.1-1999, SEC.57; P.L.59-2014, SEC.10.
IC 25-6.1-7-2
Other violations
Sec. 2. Other Violations. A person who violates or fails to follow any provision of this article for which a specific penalty is not provided commits a Class A misdemeanor.As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-7-3
Injunctions
Sec. 3. Injunctions. The commission may maintain an action in the name of the state of Indiana to enjoin any person from engaging,without a license issued under this article (or pursuant to an exemption defined in this article), in any activity for which a license is required under this article.As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-7-4
Affidavit, information, or indictment; sufficiency of charge
Sec. 4. Affidavits, Informations, Indictments. In charging any person in an affidavit, information, or indictment with a violation of this article by carrying on (without a license obtained under, or pursuant to an exemption defined in, this article) an activity for the carrying-on of which a license issued under, or an exemption defined in, this article is required, it shall be sufficient to charge that the person did, upon a certain day and in a certain county, engage in such an activity and that he or it did not have a license to do so or an exemption (defined in this article) permitting him or it to do so. No further or more particular facts need be averred concerning the matter.
IC 25-6.1-8
Chapter 8. Auctioneer Recovery Fund
IC 25-6.1-8-1
Establishment of fund; administration; investments
Sec. 1. (a) The auctioneer recovery fund is established for the purpose set out in this chapter. The fund shall be administered by the auctioneer commission.
(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a fiscal year does not revert to the state general fund, except as provided in section 2.1 of this chapter.As added by P.L.256-1987, SEC.4. Amended by P.L.143-1990,SEC.1.
 IC 25-6.1-8-2
Surcharge; formula; assessment
Sec. 2. (a) If the total amount in the auctioneer recovery fund(including principal and interest) is less than three hundred sixty thousand dollars ($360,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the auctioneer commission shall assess a surcharge according to the following formula in order to maintain the fund at an approximate level of four hundred thousand dollars ($400,000)
STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid.
STEP TWO: Subtract the amount determined under STEP ONE from four hundred thousand dollars ($400,000).
STEP THREE: Determine the number of licensees who had licenses in effect on June 30 of the current year.
STEP FOUR: Divide the number determined under STEP TWO by the number determined under STEP THREE.
(b) The auctioneer commission shall assess the surcharge described in subsection (a) against each licensee who:
(1) receives an initial license; or(2) receives a renewal license.
(c) The auctioneer commission shall assess the surcharge described in subsection (a) for the two
(2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year
.(d) The surcharge assessed under this section is in addition to any other fee under this article.As added by P.L.256-1987, SEC.4. Amended by P.L.143-1990,SEC.2; P.L.214-1993, SEC.17; P.L.59-2014, SEC.11
IC 25-6.1-8-2.1
Reversion of excess funds
Sec. 2.1. If the total amount in the auctioneer recovery fund(including principal and interest) exceeds five hundred fifty thousand dollars ($550,000) at the end of a state fiscal year after the payment of all claims and expenses, the amount in excess of five hundred fifty thousand dollars ($550,000) reverts to the state general fund.As added by P.L.143-1990, SEC.3
IC 25-6.1-8-3
Interest credited; payment of expenses
Sec. 3. Any interest earned on investment of money in the auctioneer recovery fund shall be credited at least annually to the fund. No money may be appropriated from the state general fund for payment of any expenses incurred under this chapter, and none of these expenses may be charged against the state.As added by P.L.256-1987, SEC.4
.IC 25-6.1-8-4
Claims against fund; applications; amount of loss; limitation on recovery
Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against any licensee to recover damages for failure to meet the obligations of a licensee under this article and the rules adopted under this article (with or without findings by the auctioneer commission)that results in an actual cash loss to the aggrieved person, the person may, upon termination of all proceedings including appeals and proceedings supplemental to judgment for collection purposes, file a verified application with the commission for an order directing payment out of the auctioneer recovery fund of the amount of actual and direct loss in the transaction that remains unpaid upon the judgment. The amount of actual and direct loss may include courtcosts but may not include attorney’s fees or punitive damagesawarded. The amount that may be paid from the auctioneer recoveryfund may not exceed twenty thousand dollars ($20,000) per judgmentand an aggregate lifetime limit of fifty thousand dollars ($50,000)with respect to any one (1) licensee
(b) This section applies only to a final judgment that awards damages for an act by the licensee described in subsection (a) that arises directly out of any transaction:
(1) that occurred when the licensee was licensed;
(2) for which a license was required under IC 25-6.1; and
(3) that occurred after December 31, 1987.As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013,SEC.3
.IC 25-6.1-8-5
Claims against single licensee in excess of dollar limitation; joinder of claims; payment; insufficient funds Indiana
Sec. 5. (a) If the payment in full of two (2) or more pending valid claims that have been filed by aggrieved persons against a single licensee would exceed the fifty thousand dollar ($50,000) limit set forth in section 4 of this chapter, the fifty thousand dollars ($50,000)shall be distributed among the aggrieved persons in the ratio that their respective claims bear to the aggregate of all valid claims or in any other manner that the commission may determine equitable. This money shall be distributed among the persons entitled to share in it without regard to the order of priority in which their respective judgments have been obtained or their claims have been filed.
(b) The commission shall consider pending applications filed by all claimants and prospective claimants against one (1) licensee jointly to the end that the respective rights of all the claimants to the commission may be equitably adjudicated and settled.
(c) On June 30 and December 31 of each year, the auctioneer commission shall identify each claim that the commission orders to be paid during the six (6) month period that ended on that day. The commission shall pay the part of each claim that is so identified within fifteen (15) days after the end of the six (6) month period in which the claim is ordered paid. However, if the balance in the fund is insufficient to pay the full payable amount of each claim that is ordered to be paid during a six (6) month period, the commission shall pay a prorated portion of each claim that is ordered to be paid during the period. Any part of the payable amount of a claim left unpaid due to the prorating of payments under this subsection must be paid (subject to the fifty thousand dollar ($50,000) limit described in section 4 of this chapter) before the payment of claims ordered to be paid during the following six (6) month period.As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013,SEC.4
.IC 25-6.1-8-6
Agents for service of process
Sec. 6. Any auctioneer or auction company that is licensed or renews a license under this article after December 31, 1987, and upon whom personal service cannot be made
with reasonable diligence shall be considered to have appointed the commission as the licensee’s agent for service of process for purposes of actions filed under section 4 of this chapter for recovery from the auctioneer recovery fund. Service of process under this section shall be made as nearly as practicable in the manner prescribed by the Indiana Rules  of Trial Procedure for service on corporations.As added by P.L.256-1987, SEC.4. Amended by P.L.59-2014,SEC.12
.IC 25-6.1-8-7
Limitation of actions; notice of commencement of action
Sec. 7. An order for payment from the auctioneer recovery fund may not be issued unless the action to recover from the auctioneer
recovery fund was commenced within one (1) year after the termination of all proceedings against the licensee for failure to meet the obligations of a licensee under this article and the rules adopted under this article, including appeals and proceedings supplemental to judgment. When any person commences an action for a judgment that may result in an order for payment from the fund, the person shall notify the commission in writing of the commencement of the action.As added by P.L.256-1987, SEC.4.
IC 25-6.1-8-8
Commission as defendant; hearings; order of payment of claim
Sec. 8. (a) When any person files an application for an order directing payment from the auctioneer recovery fund, the commission shall promptly review and consider the application, and it may issue an order directing payment out of the auctioneer recovery fund, as provided in section 9 of this chapter, subject to the limitation of section 4 of this chapter, if the commission finds:]]
(1) that there is no collusion between the judgment creditor and the judgment debtor;
(2) that the judgment creditor is making application not more than one (1) year after the termination of all proceedings in connection with the judgment, including appeals and proceedings supplemental to judgment for collection purposes;
(3) that the judgment creditor has diligently pursued all vailable creditor’s remedies, including proceedings supplemental, against the licensee who is the subject of the application filed under section 4 of this chapter, against all the judgment debtors, and against all other persons liable to the creditor in the transaction for which the creditor seeks recovery from the auctioneer recovery fund, but that the diligent pursuit did not result in satisfaction of the judgment;
(4) that the failure to meet the obligations of a licensee under this article and the rules adopted under this article arose directly out of a transaction that occurred when the judgment debtor was licensed and acted in a capacity for which a license is required under this article and that the transaction occurred after December 31, 1987; and
(5) that, in the event of a default judgment or a judgment entered upon stipulation of the parties, the judgment debtor’s acts constituted failure to meet the obligations of a licensee under this article and the rules adopted under this article.
(b) A person who is dissatisfied by:(1) an order issued under subsection (a) directing payment out of the auctioneer recovery fund; or(2) a denial of an application filed under section 4 of this chapter;may petition for review under IC 4-21.5-3-7.As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013,SEC.5.
IC 25-6.1-8-9
Payment of claim
Sec. 9. Upon an order of the commission directing that payment be made out of the auctioneer recovery fund, the commission shall,subject to sections 4 through 5 of this chapter, make the payment out of the auctioneer recovery fund as provided in section 5 of this chapter. As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013,SEC.6
IC 25-6.1-8-10
Suspension of judgment debtor’s license; repayment by licensee;interest
Sec. 10. (a) If the commission is required to make any payment from the auctioneer recovery fund in settlement of a claim or toward the satisfaction of an order under this chapter, the commission shall suspend the judgment debtor’s license. The licensee is not eligible to be licensed again as either an auctioneer or auction company until the licensee has repaid in full the amount paid from the auctioneer recovery fund with interest of twelve percent (12%) per annum
.(b) A license suspension issued under this section must be done in accordance with IC 4-21.5-3-6. The licensee may petition for review under IC 4-21.5-3-7.As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013,SEC.7; P.L.59-2014, SEC.13
IC 25-6.1-8-11
Subrogation
Sec. 11. When the commission has ordered and caused paymentto be made from the auctioneer recovery fund to a judgment creditor,the commission is subrogated to the rights of the judgment creditor with respect to the amount paid.As added by P.L.256-1987, SEC.4. Amended by P.L.134-2013,SEC.8
.IC 25-6.1-8-12
Expenditure of interest
Sec. 12. Subject to the approval of the state budget agency, the auctioneer commission may expend the interest earned by the auctioneer recovery fund for:
(1) information concerning the commission’s activities and administrative rulings
;2) other educational information concerning the practice of auctioneering; and
(3) expenses related to the continuing education program.As added by P.L.256-1987, SEC.4. Amended by P.L.59-2014,SEC.14
.IC 25-6.1-8-13
Attorney general; assistance to commission; expenses
Sec. 13. (a) The office of the attorney general shall provide the staff assistance necessary to:
(1) enable the auctioneer commission to perform its duties under this chapter; and
(2) enforce this chapter.
(b) Expenses incurred by the office of the attorney general under this section shall be paid from the auctioneer recovery fund.As added by P.L.256-1987, SEC.4.
IC 25-6.1-9
Chapter 9. Continuing Education
IC 25-6.1-9-1 Continuing education required for license renewal
Sec. 1. (a) Except as provided in sections 7 and 9 of this chapter,an individual who applies for license renewal under IC 25-6.1-3-2 must complete sixteen (16) actual hours of continuing education every four (4) years from course providers that are approved by the commission.
(b) The continuing education requirement is as follows:
(1) At least six (6) actual hours of courses in any of the following core subjects:
(A) Indiana rules and statutes governing auctioneering.
(B) Federal statutes governing auctioneering
(C) Auctioneering ethics.
(D) Escrow and trust funds.
(E) Contracts
(F) Any other subject matter approved by the commission
(2) At least ten (10) actual hours of courses in any of the following elective subjects:
(A) Agency.
(B) Business courses related to auctioneering.
(C) Auction management.
(D) Bid calling.
(E) Public speaking.
(F) Advertising.(
G) Specialty auction topics.
(H) Any other subject matter approved by the commission.
As added by P.L.238-1995, SEC.3. Amended by P.L.23-2003, SEC.7.
IC 25-6.1-9-2
Requirements for sponsor approval
Sec. 2. To obtain approval as a continuing education sponsor, a sponsor must do the following:
(1) Provide the commission information on courses, curriculum,and facilities as determined by the commission.
(2) Provide each participant who successfully completes an approved course a certificate that includes the following:
(A) The name of the participant
(B) The name, address, and signature of the sponsor.
(C) The number of approved actual course hours
(D) Any other information required by the commission
(3) Meet any standard that the commission adopts by rule.
As added by P.L.238-1995, SEC.3
.IC 25-6.1-9-3
Sponsor records
Sec. 3. A continuing education sponsor that has received approval under section 2 of this chapter must maintain records for five (5)years of the participants who successfully complete and pass each course. If the sponsor ceases operations, the owner shall place the records in the care of a custodian that is approved by the commission.As added by P.L.238-1995, SEC.3.
IC 25-6.1-9-4
Expiration and renewal of sponsor approval
Sec. 4. (a) The approval for a sponsor expires February 28 each even-numbered year
(b) A sponsor must submit:
(1) a letter requesting renewal of approval; and(
2) the renewal fee;at least thirty (30) days before the sponsor’s approval expires.
As added by P.L.238-1995, SEC.3.
IC 25-6.1-9-5
Inspection of sponsor’s records and facilities
Sec. 5. The commission may inspect an approved sponsor’srecords and facilities.
As added by P.L.238-1995, SEC.3
.IC 25-6.1-9-6
Advertisements related to courses offered
Sec. 6. (a) A person may advertise that the person’s course is approved by the commission and fulfills the requirements of the commission
(b) A person may not advertise that the sponsor or the sponsor’s course is required or recommended by the commission.
As added by P.L.238-1995, SEC.3
.IC 25-6.1-9-6.5
Education officer; continuing education requirements compliance
Sec. 6.5. The licensing agency may hire an education officer who reports directly to the director of the licensing agency to oversee routine and ongoing compliance with the continuing education requirements of this chapter.As added by P.L.59-2014, SEC.15.
IC 25-6.1-9-7 Exemption
Sec. 7. A licensee who is initially licensed in the fourth year of a renewal period is exempt from the continuing education requirement under this chapter for that renewal period.As added by P.L.238-1995, SEC.3. Amended by P.L.194-2005,SEC.22
.IC 25-6.1-9-8
Application
Sec. 8. An applicant for renewal must certify on the application that the applicant:
(1) has complied with the continuing education requirement;
(2) is exempt from the continuing education requirement because the individual has been licensed for less than one (1)year; or
(3) has not complied with the continuing education requirement but is seeking a waiver under section 9 of this chapter.
As added by P.L.238-1995, SEC.3
.IC 25-6.1-9-9
Waiver
Sec. 9. The commission may grant an applicant a waiver from all or part of the continuing education requirement for the renewal period if the applicant was not able to fulfill the requirement due to a hardship that resulted from any of the following conditions:
(1) Service in the armed forces of the United States during a substantial part of the renewal period.
(2) An incapacitating illness or injury.
(3) Other circumstances determined by the commission.
As added by P.L.238-1995, SEC.3. Amended by P.L.33-1999, SEC.1
.IC 25-6.1-9-10
Inactive license
Sec. 10. (a) The commission may grant an applicant an inactive auctioneer license if the auctioneer submits a written application to the commission requesting that the auctioneer license be classified as inactive.
(b) An auctioneer granted an inactive license under this section may not perform an act that requires an auctioneer license.
(c) If a disciplinary or suspension hearing is pending against an auctioneer, the individual may not be granted an inactive license without the approval of the commission.
(d) An individual granted an inactive license must continue to pay the same fees that a licensee is required to pay.
(e) An inactive licensee is not required to complete the continuing education requirement while the license is inactive.
(f) An individual may reinstate an inactive auctioneer license if the individual:
(1) submits a written application to the commission requesting that the inactive auctioneer license be classified as active; and
(2) fulfills the applicable continuing education requirement for the licensure period during which the license is reinstated
.As added by P.L.238-1995, SEC.3.

RULES & REGULATIONS

INDIANA ADMINISTRATIVE CODE Title 812,

Article 1 – General Provisions

Rule 1. Powers of Commission; Permitted Activities; License Procedure; Fees 812 IAC 1-1 Title 812,

Article 2 – Auctioneer Courses and Initial Education Course Providers

Rule 1. Definitions; General Provisions 812 IAC 2-1

Rule 2. Approved Course Providers; General Requirements 812 IAC 2-2

Rule 3. Instructors 812 IAC 2-3

Rule 4. Conduct of Courses 812 IAC 2-4

Rule 5. Course Providers; Miscellaneous Prohibitions 12 IAC 2-5

Rule 6. Auctioneer Course; Subject Area Emphasis 812 IAC 2-6

Rule 7. Auctioneer Course; Outline 812 IAC 2-Title 812,

Article 3 – Continuing Education

Rule 1. Continuing Education Requirements; General 812 IAC 3-1

Rule 2. Distance Learning Continuing Education 812 IAC 3-2

TITLE 812 INDIANA AUCTIONEER COMMISSION

ARTICLE 1. GENERAL PROVISIONS

Rule 1. Powers of Commission; Permitted Activities; License Procedure; Fees

812 IAC 1-1-1 Applications and other forms; availability

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-2-5

Sec. 1. Applications and all other pertinent forms are available at the Indiana Auctioneer Commission, office of the Indiana Professional Licensing Agency, Indiana Government Center, Indianapolis, Indiana, or will be mailed upon request of person seeking to be licensed as auctioneer, auction house, or auction company. (Indiana Auctioneer Commission; Rule 2; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 166; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1950; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-2 Time for holding examinations; individual examinations not permitted

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-2-5

Sec. 2. Examinations will be held on the second Wednesday of March, July and November of each year in Indianapolis, Indiana and at such other time and places as the Commission may direct. Individual examinations are not permitted. (Indiana Auctioneer Commission;

Rule 3; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 166; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-3 Receipt of application before examination; fee; failure to appear at examination

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 3. Completed application forms together with the thirty-five (35) dollars non-refundable examination fee shall be received in the office of the Commission at least thirty (30) days prior to an examination date. The applicant will be advised of the time and place of the examination upon receipt of the completed application. If the applicant does not appear at the initial examination for which he has been scheduled, the applicant will be re-scheduled for the following scheduled examination. If the applicant fails to appear for the following scheduled examination, the application and fee shall be forfeited. (Indiana Auctioneer Commission; Rule 4; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 166; filed Mar 21, 1988, 1:30 pm: 11 IR 2869; errata, 11 IR 3921; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-3.1 Completing education prior to examination

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 3.1. Auctioneer applicants may apply for the examination prior to completing their eighty (80) hour prelicensure education. If they do so, they must submit proof of completing the course by presenting a certificate of completion at the examination site prior to taking the examination. (Indiana Auctioneer Commission;

812 IAC 1-1-3.1; filed Sep 17, 1998, 3:50 p.m.: 22 IR 453; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-4 Confidentiality and security of examinations

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-2-5

Sec. 4. Auctioneer license examinations are confidential tests. Examinations are designed and administered under conditions established to protect the security of the tests. (Indiana Auctioneer Commission; Rule 5; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 166; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1950; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-5 License fee

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2; IC 25-6.1-3-5

Sec. 5. Upon receipt of notice of passing the examination, the applicant shall within thirty (30) days submit his biennial license fee of thirty-five dollars ($35). Failure to submit such license fee within the above prescribed time shall be deemed sufficient reason for cancellation of said application. (Indiana Auctioneer Commission; Rule 6; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 166; filed Mar 21, 1988, 1:30 pm: 11 IR 2869; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-6 Review of examination by applicant; petition for review

Authority: IC 25-6.1-2-5

Affected: IC 4-21.5-3; IC 25-6.1-3-2; IC 25-6.1-3-10

Sec. 6. (a) Upon notice of denial of licensure because of failure of an examination, examinees may petition for review concerning the denial of licensure in the manner provided for in IC 4-21.5-3. (b) Individuals whose petitions for review are granted may review their examination in the commission office (in the offices of the Indiana professional licensing agency) by scheduling an appointment for review with the agency. (Indiana Auctioneer Commission; Rule 7; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 167; filed Nov 18, 1980, 8:55 a.m.: 4 IR 52; filed Mar 21, 1988, 1:30 p.m.: 11 IR 2869; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1950; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-7 Failure to pass examination; effect (Repealed)

Sec. 7. (Repealed by Indiana Auctioneer Commission; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952)

812 IAC 1-1-8 Auction house or auction company license application; forfeiture of fee when application incomplete (Repealed)

Sec. 8. (Repealed by Indiana Auctioneer Commission; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952)

812 IAC 1-1-9 Renewal of license (Repealed)

Sec. 9. (Repealed by Indiana Auctioneer Commission; filed Nov 18, 1980, 8:55 am: 4 IR 52)

812 IAC 1-1-10 Reinstatement after expiration (Repealed)

Sec. 10. (Repealed by Indiana Auctioneer Commission; filed Nov 18, 1980, 8:55 am: 4 IR 52)

812 IAC 1-1-11 Lapse of year; reexamination (Repealed)

Sec. 11. (Repealed by Indiana Auctioneer Commission; filed Nov 18, 1980, 8:55 am: 4 IR 52)

812 IAC 1-1-12 Lapse of license due to military service; renewal

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 12. Any licensed auctioneer who permits his license to lapse due to his entering the armed services or government service in connection with a war effort shall, upon presentation of satisfactory evidence of honorable discharge, be granted a renewal of said license at the usual cost, without the penalty and without re-examination. (Indiana Auctioneer Commission; Rule 13; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 167; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-13 Notice of operation or discontinuance of auction house or company by licensed auctioneer

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-3; IC 25-6.1-3-4

Sec. 13. An individual who is a licensed auctioneer operating an auction house and/or auction company shall notify the Commission of such operation in duplicate on prescribed forms provided by the Commission. Said licensee shall notify the Commission in writing of the discontinuance of such operation and/or operations. (Indiana Auctioneer Commission; Rule 14; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 167; filed Nov 18, 1980, 8:55 am: 4 IR 53; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-14 Notice of operation or discontinuance of auction company by auction house licensee

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-3; IC 25-6.1-3-4

Sec. 14. An individual who is an auction house licensee operating an auction company shall notify the Commission of such operation in duplicate on prescribed forms provided by the Commission. Said licensee shall notify the Commission in writing of the discontinuance of such operation and/or operations. (Indiana Auctioneer Commission; Rule 15; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 167; filed Nov 18, 1980, 8:55 am: 4 IR 53; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-15 Auction company licensee operating additional auction companies or auction houses; notice to commissioner (Repealed) Sec. 15. (Repealed by Indiana Auctioneer Commission; filed Nov 18, 1980, 8:55 am: 4 IR 52)

812 IAC 1-1-16 Change of licensee address or business or trade name; notice

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-3; IC 25-6.1-3-4

Sec. 16. All licensees shall notify the commission in writing within ten (10) days of the following:

(1) Change of address.

(2) Change of business or trade name.

(3) For auction houses and auction companies, change of ownership as described in section 16.1 of this rule. (Indiana Auctioneer Commission; Rule 17; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 168; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1950; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-16.1 Change in ownership; auction house or auction company

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 16.1. All changes in ownership of an auction house or auction company cause the auction house or auction company license to terminate. In order to operate the auction house or auction company, the new owner must obtain a license. Changes in ownership include:

(1) sale;

(2) changes of business organization; and

(3) changes in the identity of the partners in a partnership; of an auction house or auction company. (Indiana Auctioneer Commission; 812 IAC 1-1-16.1; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1950; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236) INDIANA AUCTIONEER COMMISSION 2005

812 IAC 1-1-17 Temporary permits

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 17. (a) The commission may, for good cause shown, upon the receipt of an application for examination for an auctioneer license, and, for a temporary permit, issue a temporary permit for one

(1) auction sale. This permit is not intended to circumvent the licensing procedure of IC 25-6.1-3-2.

(b) The applicant shall submit the following:

(1) The prescribed application and fee.

(2) A personally written letter to the Indiana auctioneer commission from the owner or owners of said property to be sold at auction, requesting and attesting to the necessity of the applicant’s services as auctioneer conducting said sale.

(3) An affidavit from the owner of said property attesting to the fact that the applicant is qualified to conduct said auction.

(4) On prescribed form, the date, location, owner of property, and property to be sold at said auction sale.

(5) Evidence to the commission of applicant’s intention to participate in a specific examination offered by the commission to become a duly licensed auctioneer in the state of Indiana.

(c) The application shall be presented to the Indiana auctioneer commission for its consideration. The applicant shall be advised in writing by the commission of its decision.

(d) A temporary permittee who fails to pass one

(1) of the next two

(2) regularly scheduled examinations may not be issued a temporary permit. (Indiana Auctioneer Commission; Rule 18; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 168; filed Mar 21, 1988, 1:30 p.m.: 11 IR 2870; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1951; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-18 Reciprocal license application

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 18. All individuals making application for an auctioneer license per reciprocal agreement shall submit with their application a letter of certification from the state board or commission of their state of domicile, certifying that they are duly licensed in said state, stating their residency, date of issuance and expiration of license. (Indiana Auctioneer Commission; Rule 19; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 168; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-19 Contracts; specifications; retention of original

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-4

Sec. 19. All contract agreements, or any authority to sell shall show a definite date of contract and a definite date of sale, shall be in writing, made in duplicate, one copy to the owner at the time of signing and the original to be retained in the office of the auctioneer and/or auction company licensee for a period of not less than two years. (Indiana Auctioneer Commission; Rule 20; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 168; filed Nov 18, 1980, 8:55 am: 4 IR 53; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-20 Real estate sales; powers and duties of auctioneers

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6

Sec. 20. A licensed auctioneer may advertise and sell real estate at auction. The licensee shall have an executed contract or agreement with the owner or seller containing the terms and conditions upon which licensee receives or accepts the real estate for sale at auction. The licensee shall conduct the bidding and announce the culmination thereof. No further acts necessary to transfer title to the real estate shall be performed by the licensee. (Indiana Auctioneer Commission; Rule 21; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 168; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236) INDIANA AUCTIONEER COMMISSION 2005

812 IAC 1-1-21 Sign on real estate to be auctioned; consent of owner

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-4; IC 25-6.1-6-5

Sec. 21. An auctioneer and/or auction company licensee shall not place a sign on any property, offering it for sale, without the written consent of the owner. (Indiana Auctioneer Commission; Rule 22; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 168; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-22 Summary of receipts and disbursements; submission to seller

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-2

Sec. 22. Every auctioneer and/or auction company licensee shall deliver to the seller in every transaction wherein he acts as an auctioneer and/or auction company licensee a complete detailed summary showing all of the receipts and disbursements handled by such auctioneer and/or auction company licensee. (Indiana Auctioneer Commission; Rule 23; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 168; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-23 Knowledge of current market conditions; duty of auctioneer

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2; IC 25-6.1-6-1

Sec. 23. An auctioneer and/or licensee shall keep informed on current market conditions of real and personal property at all times in order to be in a position to advise and perform services for his clients to the best of his ability. (Indiana Auctioneer Commission; Rule 24; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-24 Unprofessional conduct

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-1; IC 25-6.1-6-2

Sec. 24. A licensee shall conduct his professional activities in a professional manner that will reflect credit upon himself, the auction profession and auctioneers. Unprofessional conduct includes but is not limited to the following:

(1) Failure of a licensee to account to and pay over all monies and tangible personal property coming into his possession which belong to others including buyers at auction as well as consignors no later than thirty days from the date that the obligation arises to remit or deliver the said monies or tangible personal property.

(2) A licensee’s payment of compensation in money or other valuable thing to any person other than a licensee for the rendering of any service or the doing of any of the acts by this act forbidden to be rendered or performed by other than licensees. (Indiana Auctioneer Commission; Rule 25; filed Oct 7, 1977; 3:25 pm: Rules and Regs. 1978, p. 169; filed Nov 18, 1980, 8:55 am: 4 IR 54; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-25 Practice of law prohibited

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-1

Sec. 25. A licensee shall not engage in activities that constitute the practice of law and shall recommend that his clients seek the services of a lawyer when he deems it necessary. (Indiana Auctioneer Commission; Rule 26; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-26 Self-dealing prohibited; exemption

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-1

Sec. 26. A licensee shall refrain from buying or selling at his own auction for personal gain, unless disclosed to the seller. (Indiana Auctioneer Commission; Rule 27; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-27 Auctioneer-client relationship; disclosure of costs and services

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-1

Sec. 27. A licensee shall preserve a professional, confidential relationship with his client, revealing estimated costs and services for conducting the auction. (Indiana Auctioneer Commission; Rule 28; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-28 Fees for services (Repealed)

Sec. 28. (Repealed by Indiana Auctioneer Commission; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952)

812 IAC 1-1-29 Advertising by auctioneer (Repealed)

Sec. 29. (Repealed by Indiana Auctioneer Commission; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952)

812 IAC 1-1-30 Forms used by auctioneers (Repealed)

Sec. 30. (Repealed by Indiana Auctioneer Commission; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952)

812 IAC 1-1-31 Student auctioneers; supervision of practice

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-2-5

Sec. 31. The Commission shall grant permission to auctioneer schools accredited by the Private School Accrediting Commission of Indiana, to allow their students, through the duration of the school, to practice and participate in the capacity of an auctioneer, under the supervision of their instructor. (Indiana Auctioneer Commission; Rule 32; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-32 Complaints

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-7-2

Sec. 32. Except for IC 25-6.1-7-2, all complaints filed concerning violations of IC 25-6.1 and this title must be filed with the office of the attorney general, consumer protection division on forms furnished by the consumer protection division. (Indiana Auctioneer Commission; Rule 33; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 169; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1951; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-33 Contract disputes; commission without jurisdiction to settle; written contracts required

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-5

Sec. 33. The Commission is not a commission of arbitration and has no jurisdiction to settle disputes between parties concerning such matters of contract as the rates of commission, the division of commission, and similar matters. The statute requires, to avoid differences between parties that all agreements concerning auctions be reduced to writing at the earliest practical time. (Indiana Auctioneer Commission; Rule 34; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-34 Auction procedure; completion of sale; sale without reserve Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-2-5; IC 25-6.1-6-1

Sec. 34. Sale by Auction.

(a) In a sale by auction if property being sold is put up in lots, each lot is the subject of a separate sale.

(b) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in any other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may in his discretion reopen the bidding or declare the property sold under the bid on which the hammer was falling.

(c) Such a sale is with reserve unless the property being sold is in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the property being offered for sale at any time until he announces completion of the sale. In an auction without reserve, after an auctioneer calls for bids on property being offered for sale, such property cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer’s announcement of completion of the sale, but a bidder’s retraction does not revive any previous bid.

(d) If the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the property at the price of the last good faith bid prior to the completion of the sale. (Indiana Auctioneer Commission; Rule 35; filed Oct 7, 1977, 3:25 pm: Rules and Regs. 1978, p. 169; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-35 Fees charged by commission

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-5

Sec. 35. The following fees shall be charged by and paid to the commission by applicants and licensees:

Application for examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25

Application for licensure as an auctioneer per reciprocal agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35

  • (3) Application for licensure as an auction house . . . . . . . . . . . . . . . . . . . ..$35
  • (4) Application for licensure as an auction company . . . . . . . . . . . . . . . . . . $35
  • (5) Application for licensure as an auctioneer per temporary permit . . . . . .$25
  • (6) Biennial registration as auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35
  • (7) Biennial registration as an auction house . . . . . . . . . . . . . . . . . . . . . . . . $35
  • (8) Biennial registration as an auction company . . . . . . . . . . . . . . . . . . . . . $35
  • (9) License renewal reinstatement fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25
  • (10) Duplicate license, where the original license is lost or destroyed, and an affidavit thereof, submitted to the commission or reissuance of a license involving change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5
  • (11) Duplicate pocket card, where the original card is lost or destroyed and an affidavit thereof, submitted to the commission …………………………….. $5
  • (12) Certification of status of license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 (Indiana Auctioneer Commission; Rule 36; filed Oct 7, 1977, 3:25 p.m.: Rules and Regs. 1978, p. 170; filed Nov 18, 1980, 8:55 a.m.: 4 IR 52; filed Mar 21, 1988, 1:30 p.m.: 11 IR 2870; filed Jun 14, 1996, 3:00 p.m.: 19 IR 3098; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)
  • 812 IAC 1-1-36 Reconsideration of license after revocation
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1-3-
  • 36. Not earlier than one (1) year after the revocation of a license, as a consideration for issuance, the Commission may consider the application of the licensee or his successor and may issue a new license for good cause and in the case of an auctioneer, shall in all cases require the examination as provided for by the Indiana Auctioneer and Auction Licensing Act (IC 25-6.1) (Indiana Auctioneer Commission; Rule 37; filed Nov 18, 1980, 8:55 am: 4 IR 54; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)
  • 812 IAC 1-1-37 Investigation of trust accounts
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1-6-6
  • 37. Each licensee shall make available for inspection and copying the detailed record required by IC 25-6.1-6-6(b) upon request by the commission for investigative and compliance purposes. (Indiana Auctioneer Commission; 812 IAC 1-1-37; filed Sep 25, 1990, 3:25 p.m.: 14 IR 288; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)
  • 812 IAC 1-1-38 Advertising
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1-6-5
  • 38. In addition to the requirements under IC 25-6.1-6-5, all advertisements of auctions shall disclose the following:
  • (1) The name and license number of the principal auctioneer involved in the auction.
  • (2) The name and license number of the principal auction house involved in the auction.

(3) The name and license number of the principal auction company involved in the auction. (Indiana Auctioneer Commission; 812 IAC 1-1-38; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1951; filed Oct 16, 2000, 10:17 a.m.: 24 IR 687; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-39 Posting auction sign

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-2

Sec. 39. (a) Each licensee shall jointly be responsible for posting a sign at either the main entrance of the auction, the place of registration, or by the cashier that states the following:

(1) The name and license number of all auctioneers involved in the auction.

(2) The name and license number of all auction houses involved in the auction.

(3) The name and license number of all auction companies involved in the auction.

(4) That the persons identified in this subsection are licensed by the Indiana Auctioneer Commission, Indiana Government Center, Indianapolis, Indiana 46204.

(b) The sign required under subsection (a) shall be no smaller than twenty-four (24) inches by thirty (30) inches, and the letters and numbers appearing on the sign must be of adequate size so that they may be readily seen by an individual with normal vision when viewing them. (Indiana Auctioneer Commission; 812 IAC 1-1-39; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1951; filed Oct 16, 2000, 10:17 a.m.: 24 IR 687; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-40 Auctioneer; records and accounts

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6

Sec. 40. (a) The requirements of IC 25-6.1-6-1, IC 25-6.1-6-2, and IC 25-6.1-6-3 apply to auctioneers conducting auctions for auction houses or auction companies.

(b) The records and accounts required under IC 25-6.1-6-3 shall include the following:

(1) Name, license number, and address of auction company or auction house.

(2) Date of sale.

(3) Location of sale. INDIANA AUCTIONEER COMMISSION 2005 Indiana Administrative Code Page 9 (Indiana Auctioneer Commission; 812 IAC 1-1-40; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-41 Auction company; auction house; records and accounts

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-6-3

Sec. 41. Each auction company licensee and auction house licensee, in addition to the requirements under IC 25-6.1-6-3, shall keep and maintain for a period of not less than two (2) years the name, license number, address, and date of auction sale of all auctioneers employed to conduct such auctions. 812 IAC 1-1-41; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-42 Compliance with IC 26-1-6-107

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 42. Auctioneers shall comply with IC 26-1-6-107 [IC 26-1-6 was repealed by P.L.144-1997, SECTION 8, effective January 1, 1998.]. (Indiana Auctioneer Commission; 812 IAC 1-1-42; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

812 IAC 1-1-43 Violations; professional incompetence

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-4-1.1

Sec. 43. Violations of sections 13, 14, 16, 16.1, 19 through 34, and 38 through 43 of this rule shall be considered professional incompetence under IC 25-6.1-4-1.1. (Indiana Auctioneer Commission; 812 IAC 1-1-43; filed Apr 2, 1993, 5:00 p.m.: 16 IR 1952; readopted filed May 22, 2001, 9:57 a.m.: 24 IR 3236)

ARTICLE 2. AUCTIONEER COURSES AND INITIAL EDUCATION COURSE PROVIDERS

Rule 1. Definitions; General Provisions

812 IAC 2-1-1 Scope

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 1. (a) This article establishes requirements for the education of applicants for auctioneer licensure and establishes requirements for auction instruction pursuant to IC 25-6.1-3-2.

(b) The definitions in this rule apply throughout this article. (Indiana Auctioneer Commission; 812 IAC 2-1-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3088; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-1-2 “Course session” defined

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 2. “Course session” means a particular course of auction instruction conducted by an approved course provider. (Indiana Auctioneer Commission; 812 IAC 2-1-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3088; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

81 2 IAC 2-1-3 Violations of statute and rules

Authority: IC 25-6.1-2-5

Affected: IC 4-21.5-3; IC 4-21.5-4; IC 25-6.1

Sec. 3. (a) Failure of an approved course provider to comply with the provisions of this article shall subject it to denial of course provider approval or revocation or suspension of course provider approval as appropriate.

(b) If an approved course provider fails to meet the requirements for course provider approval renewal established in 812 IAC 2-2-4 and 812 IAC 2-2-5, the renewal shall be denied.

(c) Under subsections (a) through (b), auction schools shall be responsible for the actions of their employees and other agents.

(d) Notices of denials of course provider approval or renewals and administrative review of such denials are governed by IC 4-21.5-3-4 and IC 4-21.5-3-7. (e) Institution of proceedings to revoke or suspend course provider approval is governed by IC 4-21.5-3-8. Emergency suspensions may be issued, where appropriate, under IC 4-21.5-4. (Indiana Auctioneer Commission; 812 IAC 2-1-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3088; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-1-4 Revocation, suspension, or denial of renewal of course provider approval; completion of courses

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 4. In the event it suspends, revokes, or denies renewal of course provider approval, the commission may, at its discretion, allow any course already in progress to be completed. (Indiana Auctioneer Commission; 812 IAC 2-1-4; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3084; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-1-5 Application for course provider approval; content

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 5. (a) Any auction school seeking approval as a course provider shall make written application for approval and shall submit such documents, statements, and forms as required by the commission, and as may be reasonably necessary to establish whether the school complies with the requirements of this article.

(b) The application shall state the name and address of the school’s owner.

(c) The application shall list all instructors who will be teaching the course and include evidence that they comply with the qualifications established in 812 IAC 2-3-2. (Indiana Auctioneer Commission; 812 IAC 2-1-5; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3089; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221) Rule 2. Approved Course Providers; General Requirements 812 IAC 2-2-1 Facilities Authority: IC 25-6.1-2-5 Affected: IC 25-6.1 Sec. 1.

(a) The premises, equipment, and facilities of the approved course provider shall comply with all local, city, county, and state regulations, such as fire, building, and sanitation codes.

(b) Approved course providers shall prohibit the serving or obtaining of alcoholic beverages in the classroom and any other area that the student would have access to during the time class is in session, including breaks, such as the restroom and hallways.

(c) Subsection (b) shall not be interpreted to prohibit the use of facilities (such as hotels, motels, and convention centers) where alcoholic beverages are sold in separate rooms. (Indiana Auctioneer Commission; 812 IAC 2-2-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3089; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221

812 IAC 2-2-2 Student fees; cancellation of course sessions

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 2. (a) An approved course provider shall not charge a fee to students for seminars or other courses offered in preparation for the state licensing examination. This applies to students who are currently enrolled in a course or have completed a course within the past thirty (30) days.

(b) The cost of textbooks, supplemental texts, and required materials shall be included in the course fee. Disclosure of the full cost of the course (including tuition, books, and required materials) must be made to the student before enrollment.

(c) Each approved course provider shall establish a refund policy, which is included in all printed material related to the offering of the course. The refund policy shall be available for review and acceptance by the student at the time of enrollment.

(d) If a course session is canceled, the course provider must notify all individuals who have enrolled in it at least three (3) days in advance of the first scheduled class. (Indiana Auctioneer Commission; 812 IAC 2-2-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3089; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-2-3 Course records

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 3. Each approved course provider must maintain records of students who successfully complete and pass the course of study for a minimum of two (2) years. The records must include:

(1) attendance records;

(2) examination score records;

(3) student course evaluations; and

(4) duplicate copies of completion certificates or the ability to reproduce duplicate completion certificates. (Indiana Auctioneer Commission; 812 IAC 2-2-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3089; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-2-4 Renewal of course provider approval

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 4. The approval of course providers expires on February 28 of each even-numbered year. To obtain renewal of course provider approval, the school must submit a letter requesting such renewal to the commission by January 1 of each even-numbered year. (Indiana Auctioneer Commission; 812 IAC 2-2-4; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3090; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-2-5 Review and investigation of approved course providers

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 5. (a) As a requirement for renewal, an approved course provider may be required to provide specific information, answer questions, and/or appear before the commission or its designee for the purpose of determining compliance with this article.

(b) The commission or its designee may, at any time, review and/or investigate any matter concerning any course, or applicant for course provider approval to determine compliance with this article

. (c) The method of review shall be determined by the commission in each case and will generally consist of the following:

(1) Consideration of information available from federal, state, and/or local agencies, private organizations or agencies, or interested persons.

(2) Conferences with the school director and other representatives of the school involved or with former students of the school.

(d) The commission may require a background check on school personnel, including a criminal history check. (Indiana Auctioneer Commission; 812 IAC 2-2-5; filed Jul 3, 1996, 5:00 p.m.: 19 IR 2090; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

Rule 3. Instructors

812 IAC 2-3-1 Instructors; compliance with rule required

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 1. All instructors employed by approved course providers must meet the requirements of this rule. (Indiana Auctioneer Commission; 812 IAC 2-3-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3090; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-3-2 Instructors; qualifications

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 2. Each instructor shall possess at least one (1) of the following minimum requirements:

(1) A minimum of five (5) years of experience as an instructor in an establishment that offered auction instruction prior to July 1, 1996, or an auction school approved by the commission, or a combination of both.

(2) A bachelor’s degree from an accredited college or university and a minimum of two (2) years of experience in the auction business.

(3) A minimum of five (5) years of experience as an auctioneer.

(4) A juris doctor or equivalent from an accredited law school, and a minimum of two (2) years of experience in the subject matter to be taught in the course.

(5) Two (2) years of experience as a qualified instructor or professor in the business, finance, or economics department of an accredited college or university. (Indiana Auctioneer Commission; 812 IAC 2-3-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3090; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-3-3 Instructors; prohibitions

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 3. An approved course provider is prohibited from hiring, or retaining in its employ, an instructor who:

(1) has had his or her auctioneer license revoked or suspended by any jurisdiction;

(2) has obtained or used, or attempted to obtain or use, in any manner, Indiana auctioneer licensing examination questions to be used on future examinations unless authorized by law;

(3) has been convicted of a crime, which has a direct bearing on the individual’s ability to competently instruct, including, but not necessarily limited to, violations of auction laws and abuse of fiduciary responsibilities;

(4) has falsely certified hours of attendance or grades for any student; or

(5) unless allowed by law, has refused to appear and/or testify under oath at any hearing held by the commission. (Indiana Auctioneer Commission; 812 IAC 2-3-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3090; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

Rule 4. Conduct of Courses

812 IAC 2-4-1 Auctioneer courses; hours of classroom instruction

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 1. (a) An auctioneer course shall consist of at least eighty (80) hours of classroom instruction.

(b) Each auctioneer course shall be conducted on at least ten (10) different days with a maximum of eight (8) hours of instruction per day.

(c) The examinations required under section 4(a) of this rule may not count toward the hours required by subsection (a). (Indiana Auctioneer Commission; 812 IAC 2-4-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3090; errata filed Sep 23, 1996, 3:00 p.m.: 20 IR 333; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-4-2 Breaks

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1-3-2

Sec. 2. Any amount of time allotted to breaks may not be counted toward the eighty (80) hours of actual instruction required by IC 25-6.1-3-2. (Indiana Auctioneer Commission; 812 IAC 2-4-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3091; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-4-3 Attendance

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 3. (a) All attendance shall be in the same course session and may not be cumulative. (b) A student may not receive attendance credit for attending more than one (1) class meeting of a class other than a class in the course session to which the student is assigned. The one (1) class must cover the same material as the class missed, the make-up class must be completed during the regular class session, and must be sponsored by the school in which the student is enrolled. (Indiana Auctioneer Commission; 812 IAC 2-4-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3091; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-4-4 Examinations

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 4. (a) Each auctioneer course shall be required to have three (3) written examinations with each examination consisting of one hundred (100) questions. A total of two hundred twenty-five (225) points from the three (3) examinations is required to pass the course.

(b) Dates of all examinations must be announced to the students at least one (1) day in advance, and examinations shall be evenly spaced throughout the course.

(c) All examinations must be administered in the scheduled class session under the supervision of the course instructor. Take home examinations may not be credited toward the required passing score in the course.

(d) The total score to pass a course must be based only on scores earned on the required in-class examinations. Class recitations and quizzes may not be used to supplement or take the place of examination grades.

(e) Total security shall be provided for all examinations prior to, during, and after administration. Questions may not be distributed to students or discussed in class in advance. Students shall be prohibited from copying an examination after it has been administered.

(f) An examination booklet and all answer sheets shall be retained by the sponsoring -school for at least one (1) year. Examinations may be made available to students only for personal review in a supervised situation after the examinations have been graded and scores recorded.

(g) Examinations administered in the auction course shall not be taken from the school premises under any circumstances.

(h) Administration of make up examinations shall be at the discretion of the course instructor. If make up examinations are permitted, and the student is taking the examination prior to other students in the class, the same examination that will be used for the class shall be administered. If the student will be taking a make-up examination after other students in the class, a different examination shall be used, however, the examination must cover the same subject content (i) Each approved course provider shall establish a written policy against cheating in its auctioneer courses. (Indiana Auctioneer Commission; 812 IAC 2-4-4; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3091; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-4-5 Course evaluations

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 5. (a) Course providers are required to survey their students at the end of each course session and/or after the students have taken the state licensing examination. (b) The survey shall include information regarding: (1) the quality of instruction; (2) appropriateness of materials; and (3) other information that will properly evaluate the course.

(c) Evaluations must be made available for inspection by the commission upon request. (Indiana Auctioneer Commission; 812 IAC 2-4-5; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3091; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221) Rule 5. Course Providers; Miscellaneous Prohibitions 812 IAC 2-5-1 Advertising Authority: IC 25-6.1-2-5 Affected: IC 25-6.1 Sec. 1. No course provider conducting a course of study shall advertise or make any reference in its advertising, promotional material, brochures, and/or registration forms that it is endorsed, recommended, or accredited by, or affiliated with the commission. (Indiana Auctioneer Commission;

812 IAC 2-5-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3091; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221) 812 IAC 2-5-2 Advertising; requirements

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 2. (a) Course providers are prohibited from engaging in false or misleading advertising.

(b) If a course provider’s advertisement contains representations concerning the number or percentage of its students who pass the commission’s auctioneer examination, the course provider shall retain information, including the raw data and the calculation substantiating the accuracy of the representations, and make it available to the commission upon request.

(c) The method of calculation of passing percentage under subsection (b) shall be as follows:

(1) Advertisement must state the period for which passing percentages are reported.

(2) Percentages must be based on first-time candidates taking the state licensing examinations for the period reported. (Indiana Auctioneer Commission; 812 IAC 2-5-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3092; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-5-3 Course providers; prohibitions

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 3. Course providers are prohibited from the following:

(1) Giving materially inaccurate or misleading information in an application for course provider approval or an annual report.

(2) Deliberately falsifying or misrepresenting any information supplied to the commission or the public.

(3) Possessing, claiming to possess, revealing, or distributing any questions used in the commission’s auctioneer examination.

(4) Having substantially failed to comply with the provisions of any contract or agreement entered into with a student.

(5) Failing to allow the commission or its designee to inspect the school or its records or failing to make available such information as required by this article.

(6) Having been convicted, or one (1) of its owners having been convicted, of a crime that has a direct bearing on the course provider’s ability to conduct an auction course, including, but not necessarily limited to, violation of auction laws and abuse of fiduciary responsibilities.

(7) Violating IC 25-6.1 or this title.

(8) Failing to notify the commission within thirty (30) days of the termination of its relationship with an instructor for cause. (Indiana Auctioneer Commission; 812 IAC 2-5-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3092; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

Rule 6. Auctioneer Course; Subject Area Emphasis

812 IAC 2-6-1 Subject areas; number of course hours

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 1. (a) Auctioneer courses offered by an approved course provider must include no fewer than the minimum number of hours in each of the subject areas as listed in subsection (b).

(b) The subject areas and corresponding minimum hourly requirements for an auctioneer course are as follows:

(1) A minimum of sixty (60) hours must be accrued in the following subjects with the minimum hourly requirement for each subject being equal to the number of course hours listed:

Subject Area Number of Course Hours

Bid calling/public speaking 8

Ethics 3

Sale advertising 5

Accounting procedures/mathematics 3

Sale summary/closing statements 3

Firearms 2

Auction law, including sales tax law and environmental law pertaining to auctioneering 15

UCC and bulk transfers 2

Contracts and legal matters 5

Bankruptcy 2

Appraising 5

Sale preparation, set-up, and clean-up 7 60

(2) A minimum of eleven (11) hours must be accrued in the following subjects, with a minimum of one (1) hour in each subject listed:

Antiques

Art, rugs, and jewelry

Automobiles

Cattle and livestock

Computers

Estate sales

Farm machinery

Furniture

Heavy equipment

Insurance

Tobacco

(3) A minimum of nine (9) hours must be accrued in the following subjects, with a minimum of three (3) hours in each subject listed:

Auction house operation

Real estate

Ring work (Indiana Auctioneer Commission; 812 IAC 2-6-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3092; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

Rule 7. Auctioneer Course; Outline 812 IAC 2-7-1 Bid calling; public speaking

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 1. The following are concepts that must be emphasized when teaching bid calling and/or public speaking:

(1) Individual poise.

(2) Command of the podium.

(3) Body language.

(4) Eye contact.

(5) Voice control.

(6) Auction chant.

(7) Clarity and timing.

(Indiana Auctioneer Commission; 812 IAC 2-7-1; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-2 Ethics

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 2. The following are concepts that must be emphasized when teaching auctioneering ethics:

(1) Proper conduct related to advertising.

(2) Cooperation between auctioneers.

(3) Opening statements.

(4) Client relationships.

(Indiana Auctioneer Commission; 812 IAC 2-7-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-3 Sale advertising

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 3. The following are concepts that must be emphasized when teaching the advertisement of sales:

(1) Setting an advertising budget.

(2) The use of sale bills, brochures, and electronic media.

(Indiana Auctioneer Commission; 812 IAC 2-7-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-4 Accounting procedures/mathematics

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 4. The following are concepts that must be emphasized when teaching accounting procedures and/or mathematics:

(1) General record keeping for auctioneers, auction companies, and auction houses.

(2) Escrow accounting.

(3) Real estate math.

(Indiana Auctioneer Commission; 812 IAC 2-7-4; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-5 Sale summary; closing statements

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 5. The following are concepts that must be emphasized when teaching sale summarization and closing statements:

(1) Settlement procedures.

(2) Required forms.

(Indiana Auctioneer Commission; 812 IAC 2-7-5; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-6 Firearms

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 6. The following are concepts that must be emphasized when teaching about firearms

(1) Local, state, and federal laws pertaining to the sale of firearms.

2) Procedures for handling firearms in an auction setting.

(Indiana Auctioneer Commission; 812 IAC 2-7-6; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-7 Auction law

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 7. The following must be emphasized when teaching auction law

(1) Local, state, and federal law as it pertains to conducting auctions.

(2) Indiana license law (IC 25-6.1 and 812 IAC).

(3) Sales tax law as it pertains to auctions.

(4) Environmental law and environmental concerns pertaining to auctions or auctioneering.

(5) Procedures for due diligence.

(Indiana Auctioneer Commission; 812 IAC 2-7-7; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-8 Contracts and legal matters

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 8. The following must be emphasized when teaching contracts and legal matters:

(1) Procedures and forms used when drawing up a contract.

(2) Recent case law decisions involving the auction profession.

(3) Contractual responsibilities. (Indiana Auctioneer Commission; 812 IAC 2-7-8; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3093; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221

812 IAC 2-7-9 Bankruptcy

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 9. The following must be emphasized when teaching about bankruptcy:

(1) Chapter 7 bankruptcy as it pertains to auctions.

(2) Chapter 11 bankruptcy as it pertains to auctions.

(3) Chapter 13 bankruptcy as it pertains to auctions.

(4) Procedures for conducting auctions involving Chapter 7, Chapter 11, or Chapter 13 bankruptcy.

(Indiana Auctioneer Commission; 812 IAC 2-7-9; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-10 Appraising

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 10. The following concepts must be emphasized when teaching appraising: (1) Requirements for personal property appraisers and real estate appraisers.

(2) Appraising procedures.

(3) Appraising formats.

(4) Valuation techniques. (Indiana Auctioneer Commission; 812 IAC 2-7-10; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-11 Sale preparation, set-up, and clean-up

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1 Sec. 11. The following concepts must be emphasized when teaching sale preparation, set-up, and clean-up:

(1) Practical applications.

(2) “How to” procedures. (Indiana Auctioneer Commission;

812 IAC 2-7-11; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221) 812 IAC 2-7-12 Auction house operation

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 12. The following concepts must be emphasized when teaching auction house operation:

(1) Accounting and bookkeeping requirements.

(2) Consignor requirements.

(3) Auction procedures.

(4) Liability concerns.

(Indiana Auctioneer Commission;

812 IAC 2-7-12; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221) 812 IAC 2-7-13 Computers

Authority: IC 25-6.1-2-5

Affected: IC 25-6.

Sec. 13. Knowledge and proper use of computer hardware and software specifically designed for auction purposes must be emphasized when teaching computers.

(Indiana Auctioneer Commission; 812 IAC 2-7-13; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-14 Insurance

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 14. The following concepts must be emphasized when teaching insurance:

(1) Policy types.

(2) Determining adequate coverage for auctions

(3) Case studies involving recent insurance claims involving auctions, auction companies, or auction houses.

(Indiana Auctioneer Commission; 812 IAC 2-7-14; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-15 Real estate

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 15. The following concepts must be emphasized when teaching real estate:

(1) Identification of potential auction property.

(2) Listing procedures.

(3) Required forms.

(4) Proper pricing.

(5) Advertising.

(6) Signage.

(Indiana Auctioneer Commission; 812 IAC 2-7-15; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-16 Ring work

Authority: IC 25-6.1-2-5

Affected: IC 25-6.

1 Sec. 16. The following concepts must be emphasized when teaching ring work:

(1) Practical application.

(2) Accepted procedures.

(3) Communication techniques.

(4) Proper conduct.

(Indiana Auctioneer Commission; 812 IAC 2-7-16; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)

812 IAC 2-7-17 Other subjects; emphasis

Authority: IC 25-6.1-2-5

Affected: IC 25-6.1

Sec. 17. General categorical information, procedures pertaining to the auction of the items, and the methods of positive identification of the items must be emphasized when teaching the following subjects:

  • Antiques
  • . (2) Art, rugs, and jewelry.
  • (3) Automobiles
  • (4) Cattle and livestock
  • (5) Estate sales.
  • 6) Farm machinery.
  • (7) Furniture
  • (8) Heavy equipment.
  • (9) Tobacco
  • (Indiana Auctioneer Commission; 812 IAC 2-7-17; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3094; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • ARTICLE 3. CONTINUING EDUCATION
  • Rule 1. Continuing Education Requirements; General
  • 812 IAC 3-1-1 Continuing education requirements
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-1-11; IC 25-6.1-9-
  • 1 Sec. 1. (a) As a prerequisite to renewal of an auctioneer license, the licensee shall satisfactorily complete twelve (12) hours of continuing education from an auctioneer continuing education course sponsor approved by the commission, which must be obtained during the two (2) year licensure period ending February 28 of every even-numbered year. No more than eight (8) hours of continuing education may be acquired during any one (1) day.
  • (b) Notwithstanding subsection (a), continuing education credit may be granted to an individual for instructing an auctioneer continuing education course. One (1) hour of continuing education credit may be earned per one (1) hour taught. No more than four (4) hours of continuing education credit accumulated in this manner may be applied toward license renewal requirements. Instructors of auctioneer continuing education courses may not receive credit for repeated courses.
  • (c) A licensee is not entitled to continuing education credit for any classroom hours that were used for required prelicensure education under 812 IAC 2-1.
  • (d) A licensee who attends the same continuing education course more than once in the same two (2) year license period is entitled to continuing education credit for that course only once.
  • (e) Multimedia instruction must take place in classroom setting with a qualified instructor present throughout the duration of the educational offering.
  • (f) Correspondence courses do not qualify for continuing education credit.
  • (g) The commission may verify any information concerning continuing education that is submitted by the licensee as evidence supporting the course information. The commission may require licensees to provide information regarding the continuing education hours claimed on the individual’s renewal. Failure to do so may lead to disciplinary action as provided for in IC 25-1-11.
  • (h) It is the responsibility of each licensee to retain evidence to support the courses taken for a period of twenty-four (24) months after the end of the renewal period for which the renewal application is submitted to the commission. These records shall include one (1) or more of the following:
  • (1) Course attendance verification by the sponsor.
  • (2) Certificates of course completion.
  • (3) Continuing education attendance history by a third party.
  • (4) Other evidence of support and justification.
  • Indiana Auctioneer Commission;
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-1-11; IC 25-6.1-9-
  • 1 Sec. 1.1. When the licensee obtains more than the required six (6) hours of continuing education in subjects listed in IC 25- 6.1-9-1(b)(2) as core subjects, the licensee may count the excess hours toward meeting the six (6) hour elective subject requirement in IC 25-6.1-9-1(b)(2).
  • (Indiana Auctioneer Commission; 812 IAC 3-1-1.1; filed Sep 17, 1998, 3:50 p.m.: 22 IR 453; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-2 Application for auctioneer continuing education course sponsor
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1-9
  • 2. (a) Any request for commission approval of an auctioneer continuing education course sponsor shall be by written application on a form provided by the commission.
  • (b) Applicants for continuing education course sponsor shall submit the following information:
  • (1) Name, address, telephone number, and facsimile (FAX) number (if any) of the course sponsor.
  • (2) If the ownership of the course sponsor is a partnership, the names and addresses of the partners.
  • (3) If the ownership of the course sponsor is a corporation, the names and addresses of the officers and directors.
  • (4) If the ownership of the course sponsor is a limited liability company, the names and addresses of the members and managers.
  • (5) A course content outline describing the subjects to be offered during the approval period.
  • (6) A statement that each instructor meets the qualifications required by section 7 of this rule.
  • (7) A statement that the course sponsor shall provide the licensee who successfully completes an approved course a certificate of course completion that meets the requirements of section 6 of this rule.
  • 8) A copy of the certificate of course completion required under section 6 of this rule.
  • (9) A statement that the course sponsor shall conduct an instructor and course evaluation and that they shall be provided to the commission upon request. (10) A statement that any facility utilized by the course sponsor shall meet the requirements of 812 IAC 2-2-1.
  • (c) Notwithstanding subsection (b)(5), the Certified Auctioneers Institute and the National Auctioneer Association are not required to submit course content outlines describing the subjects to be offered during the approval period.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-2; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3095; errata filed Aug 1, 1996, 4:00 p.m.: 19 IR 3472; filed Sep 17, 1998, 3:50 p.m.: 22 IR 454; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-3 Course sponsor approval date
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.
  • 1 Sec. 3. Sponsors of auctioneer continuing education courses shall be considered approved as of the date of approval by the commission, and therefore courses predating the approval date do not qualify.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-3; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3096; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-4 Course outline
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1
  • 4. A course outline shall be prepared and distributed to the attendees. The outline shall state the number of continuing education hours offered.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-4; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3096; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-5 Course records
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1
  • 5. (a) An approved auctioneer continuing education course sponsor must retain records of students who complete course for a minimum of five (5) years. These records must include attendance records for all courses showing date, place, and attendee’s name.
  • (b) The course sponsor may be asked to provide to the commission copies of records required by subsection (a).
  • (Indiana Auctioneer Commission; 812 IAC 3-1-5; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3096; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-6 Approved auctioneer continuing education sponsor; certificate requirements
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1
  • 6. (a) Upon completion of a continuing education course, the approved auctioneer continuing education sponsor shall provide all attendees a course completion certificate that must include the following information:
  • (1) The name of the participant.
  • (2) The license number of the participant.
  • (3) The name, address, and signature of the sponsor.
  • (4) The course title.
  • (5) The course topic, if not reflected in the course title.
  • (6) The date and location of the course.
  • (7) The number of approved actual course hours.
  • (b) Licensees must retain the certificates described in subsection (a) for at least two (2) years after the end of the two (2) year renewal period in which the course was taken.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-6; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3096; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-7 Instructors; requirements
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1
  • 7. Each instructor used by an approved auctioneer continuing education sponsor must have a minimum of two (2) years of experience in the field in which that instructor is to teach.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-7; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3096; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-8 Instructors; prohibitions
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1
  • Sec. 8. An auctioneer continuing education sponsor is prohibited from hiring, or retaining in its employ, an instructor who has:
  • (1) had an auctioneer, auction company, or auction house license revoked or suspended by any jurisdiction;
  • (2) obtained or used, or attempted to obtain or use, in any manner, Indiana auctioneer licensing examination questions to be used on future examinations unless authorized by law;
  • (3) been convicted of a crime that has a direct bearing on the individual’s ability to competently instruct, including, but not necessarily limited to, violations of auction laws and abuse of fiduciary responsibilities;
  • (4) falsely certified hours of attendance or grades for any student; or
  • (5) unless allowed by law, refused to appear and/or testify under oath at any hearing held by the commission.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-8; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3096; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-9 Monitoring continuing education courses
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-1-11; IC 25-6.1-9
  • Sec.9. (a) Continuing education courses offered by an approved course sponsor shall be monitored by that course sponsor to ensure that participants are physically present for the duration of the course.
  • (b) In order to monitor a continuing education course, an approved course sponsor must do the following:
  • (1) Require participants to sign in and out as they enter and exit the classroom, noting the time of arrival or departure.
  • (2) Designate one (1) employee to monitor the continuing education course.
  • (c) The duties of the individual listed in subsection (b)(2) shall include the following:
  • (1) Ensure that order is maintained throughout the duration of the course.
  • (2) Maintain the attendance sheets to assure their accuracy.
  • (3) Verify the participant’s signature upon the participant’s entrance and exit.
  • (4) Distribute course completion certificates to participants who have been physically present for the duration of the course.
  • (Indiana Auctioneer Commission; 812 IAC 3-1-9; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3097; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-10 Renewal applications
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-1-11; IC 25-6.1-9
  • Sec.10. (a) An applicant for license renewal shall certify on the application that the applicant has complied with the continuing education requirements under IC 25-6.1-9 and this article.
  • (b) The commission may request verification of any information submitted by the applicant and may request the applicant to submit evidence supporting the course credit claimed.
  • (c) It is the responsibility of each licensee to retain course attendance verification to support the courses taken by the licensee for two (2) years after the end of the biennial period for which the continuing education is claimed.
  • (d) The commission may request applicants to prove information as provided in subsection (c) in order to verify continuing education hours claimed in the application. Failure to do so shall subject a licensee to the sanctions provided for under IC 25-1-11. (Indiana Auctioneer Commission; 812 IAC 3-1-10; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3097; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-11 Failure to meet continuing education provisions
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1-3-2
  • Sec.11. (a) A licensee who does not obtain the required number of continuing education hours during a two (2) year licensure period may cure that deficiency by taking them in the next licensure period. However, the license shall not be renewed until the necessary hours are obtained. An individual whose license has lapsed longer than one (1) year is governed by IC 25-6.1-3-2(i).
  • (b) Continuing education hours obtained to cure a deficiency in a prior licensure period shall not be double-counted by also being credited toward the hours required for license renewal at the conclusion of the current licensure period. (Indiana Auctioneer Commission; 812 IAC 3-1-11; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3097; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-12 Inactive license
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1-9-10
  • Sec.12. An applicant for license renewal may request an inactive license under IC 25-6.1-9-10 by complying with that section and certifying under penalty of perjury that the applicant will not perform and does not intend to perform an act that requires an auctioneer license. (Indiana Auctioneer Commission; 812 IAC 3-1-12; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3097; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221
  • 812 IAC 3-1-13 Reinstatement of inactive license; requirements
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-6.1
  • Sec.13. In order to reinstate an inactive license at any time during the licensure period, the licensee must have completed twelve (12) actual hours of continuing education from course sponsors approved by the commission. (Indiana Auctioneer Commission; 812 IAC 3-1-13; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3097; readopted filed Jul 18, 2002, 12:24 p.m.: 25 IR 4221)
  • 812 IAC 3-1-14 Commission review of continuing education compliance
  • Authority: IC 25-6.1-2-5
  • Affected: IC 25-1-11; IC 25-6.1-9
  • Sec.14. (a) If, as the result of an audit or other review, the commission determines that continuing education hours a licensee has claimed do not meet the requirements of IC 25-6.1-9 and this article, the commission shall notify the licensee of that determination.
  • (b) A licensee, who has been notified under subsection (a), may within thirty (30) days submit information to the commission giving all the substantive reasons in support of the licensee’s position that an adequate number of hours has been obtained.

(c) A licensee who submits false information under section 10 of this rule and this section shall be subject to the sanctions provided for under IC 25-1-11. (Indiana Auctioneer Commission; 812 IAC 3-1-14; filed Jul 3, 1996, 5:00 p.m.: 19 IR 3097

FEES

For fee schedule, please see section  812 IAC 1-1-35 above




LOUISIANA AUCTION LAW, RULES & REGULATION AND FEES

The Louisiana Board of Auctioneers would like to have only their direct links to the Law and Rules listed here to assure that when you view them you will be accessing the most current version.  The direct link is:

 http://www.lalb.org/pdfs/laws.pdf

http://www.lalb.org/pdfs/rules.pdf




MAINE AUCTION LAW, RULES & REGULATIONS AND FEES

The auctioneer board in Maine has requested that we list only their direct link to their Law and Rules in order to insure that you will be viewing the most recent version.  The direct link is:
http://www.mainelegislature.org/legis/statutes/32/title32ch5-BsecO.html
http://www.maine.gov/sos/cec/rules/02/chaps02.htm#302

 




MASSACHUSETTS AUCTION LAW, RULES & REGULATIONS AND FEES

Relevant Mass. General Laws

Massachusetts General Law, Chapter 100
Pertaining to the Licensing of Auctioneers

Chapter 100: Section 1. Definitions.
Section 1. In this chapter, the following words and terms, unless the context otherwise requires, shall have the following meanings:–

“Auction” or “Public auction”, any sale, coming within its ordinary meaning, by public outcry, including in addition thereto, any sale by public outcry where property is offered first at a stated price and thereafter successively or gradually at lower prices until an acceptor or purchaser is found.

“Auctioneer”, any person who, for a fee, commission, profit or any other valuable consideration, or with the intention or expectation of receiving the same, by means of, or process of, an auction or sale at auction, offers, negotiates or attempts to negotiate, a listing contract, sale, purchase or exchange of goods, chattels, merchandise, real or personal property, or of any other commodity which may lawfully be kept or offered for sale by or at public auction.

“Auctioneering”, the business or act of selling real, personal or mixed property by successive, competitive bids.

“Director”, the director of the Division of Standards in the Executive Office of Consumer Affairs, established by section eleven of chapter six A.

“Goods”, any chattels, livestock, merchandise, real or personal property, or commodities of any form or type which may be lawfully kept or offered for sale.

“Local auction permit agent”, the person or persons so designated in a city by the mayor or in a town by the board of selectmen, or upon a failure to so designate or in the absence, incapacity or unavailability of any person or persons so designated, the chief of police.

“Person”, individuals, associations, partnerships and corporations, and the officers, directors and employees of a corporation.

Chapter 100: Section 2. Auctioneers; licenses.
Section 2. Except as otherwise provided, no person shall engage in the business of or act as an auctioneer in the commonwealth, directly or indirectly, either temporarily or as an incident to any other transaction, unless licensed under the provisions of this chapter.

Chapter 100: Section 3. Applications for licenses; acceptance of license; service of process.
Section 3. Any person desiring to be licensed as an auctioneer shall make written application, under oath, to the director on a form provided by him. Said application shall set forth the name and address of the applicant and of any other person having a financial interest, direct or indirect, in the business to be conducted by the applicant. Said application shall be accompanied by evidence satisfactory to the director that the applicant is a citizen of the United States, has attained the age of eighteen years, has successfully completed a course of study at a school recognized by the director, and has successfully completed a written examination in accordance with the provisions of section three A of this chapter. Said application shall be accompanied by a license fee in the amount of one hundred dollars, or such other amount as the secretary of administration and finance pursuant to the provisions of section three B of chapter seven shall establish, together with two letters of recommendation for licensure signed by a licensed auctioneer, and elected public official, or member of the Massachusetts bar.

Said application shall be further accompanied by a bond upon the applicant in the sum of ten thousand dollars, or such other amount as provided by regulation, payable to the director or his successors with sureties approved by the director, and conditioned upon applicant’s compliance with the provisions of this chapter. Said bond shall guarantee the payment of all fines and penalties incurred by applicant as a licensee for his violations of the said provisions, and also guarantee the payment or satisfaction of any final judgments on claims by creditors against the licensee arising in connection with business conducted under a license granted under this chapter. All such payments under said bond being limited to the amount of said bond. Such a creditor’s claim, however, must have been duly filed by giving written notice to the director prior to the expiration of sixty days from the return or surrender of said license or date of the filing of an affidavit of loss of the license held by the licensee against whom the claim is made.

The acceptance by an applicant of a license issued by the director to him as a licensee shall be deemed equivalent to an appointment by the licensee of the director, or his successors in office, to be the licensee’s true and lawful attorney upon whom may be served all lawful process in any action or proceeding against him under said license. Any process against the licensee so served shall, if said licensee is notified as hereinafter provided, be of the same legal force and validity as if served on him personally, and the mailing by the director of a copy of such process to said licensee at his last address, as appearing on the director’s records, shall be sufficient notice to him of such service. Service of such process shall be made by delivering or mailing duplicate copies thereof together with a fee of two dollars to the office of the director, and the director shall forthwith send one of said copies by mail, postage prepaid, addressed to the defendant licensee named in such process at his last address as appearing on the director’s records.

An affidavit of the director, or of any person authorized by him to send such copy, that such copy has been mailed shall be prima facie evidence thereof. One of the duplicates of such process, certified by the director as having been delivered to the office of the director, shall be sufficient evidence of service upon him as attorney for the licensee named as defendant in the process.

Chapter 100: Section 3A. Written examination.
Section 3A. There shall be a written examination process to license auctioneers in the Commonwealth. Such examination shall be administered by an independent testing service designated by the director. All fees and costs required for examination shall be paid by the applicant directly to the independent testing service. Such examination shall be administered no less than one time per year at a location to be determined by the designated independent testing service subject to the approval of the director. Such examination shall be conducted by the designated independent testing service under the direct supervision of the director. No license shall be issued to any person who has not demonstrated through said written examination that he possesses the following:

(1) appropriate knowledge of technical terms commonly used in or related to auctioneering;

(2) an understanding of the problems likely to be encountered in carrying out an auction;

(3) appropriate reading comprehension, writing and spelling skills, knowledge of basic mathematics;

(4) understanding of the types of misconduct for which disciplinary proceedings may be initiated against a state licensed auctioneer; provided, however, that an auctioneer licensed by the Commonwealth as of July first, nineteen hundred and ninety-six shall retain such license;

Chapter 100: Section 3B. Nonresidents.
Section 3B. A nonresident individual may be licensed as an auctioneer upon conforming to all pertinent provisions of this chapter, provided that the division may exempt from the written examination prescribed in section three A an auctioneer duly licensed in any other state of the United States under the laws of which there are equivalent requirements for licensure.

Chapter 100: Section 3C. License renewal.
Section 3C. A license shall be valid for a period of one year from the date of issue unless sooner suspended or revoked and shall be renewed by the division annually thereafter without examination, upon payment of the fee prescribed in section three. Applications for renewals of licenses shall be signed and sworn to by the applicant and shall be made on forms furnished by the division. Such application forms shall be mailed by the division to each auctioneer registered with the division, together with notice of the expiration of his license, not less than thirty days prior to such expiration.

Chapter 100: Section 4. Denial of applications; hearing; grounds.
Section 4. No license application conforming to the requirements of sections three and three A shall be denied except after a public hearing held by the director in accordance with and subject to the provisions of chapter thirty A. No such application shall be denied except upon a finding by the director after said hearing of one or more of the following grounds for denial: (a) that the applicant has been convicted of a felony; (b) that the applicant has followed a continuous and flagrant course of misrepresentations or the making of false promises, through agents, advertising or otherwise, in the conduct of auctioneering or otherwise; or (c) that the applicant has failed to meet or has violated any of the requirements for licensees set forth in this chapter. Upon denial of an application, the director shall surrender to the applicant the bond filed with his application within the time set forth.

Chapter 100: Section 5. Licenses; issuance.
Section 5. Each license issued by the director shall bear a number, shall be valid for one year from the date of its issuance, may be renewed upon application to the director on a form provided by him, shall not be transferable, and may be exercised only by the licensee; provided, however, that the licensee may employ agents to conduct auctioneering under licensee’s immediate direction and control.

Chapter 100: Section 6. Suspension or revocation of licenses; cancellation; replacement licenses.
Section 6. Prior to its expiration date, a license may be suspended or revoked by the director in accordance with the procedure and on the grounds set forth in section four, or may be terminated by voluntary surrender by the licensee.

Upon the expiration, termination or surrender of a license, the licensee shall deliver the license to the director who shall cancel the license, endorse the date of expiration, termination or surrender and shall, after a sixty-day period from the date of delivery or after all claims made against the licensee have been satisfied or settled, surrender the licensee’s bond and so notify the surety on the bond.

If a license is lost, misplaced or destroyed, the licensee shall file an affidavit to that effect and the director shall issue a replacement license, clearly identified as such on the license and in the records of the director.

Chapter 100: Section 7. Records.
Section 7. The director shall keep on file, in convenient form and open to public inspection, all license applications and copies of licenses issued and shall annually publish a list of names and addresses of all auctioneers licensed by him, and the names of all persons whose licenses have been revoked, suspended or surrendered during the period and the specific time for which such suspension, revocation or surrender became effective.

Chapter 100: Section 8. Licensees; account of goods sold; sales and use taxes.
Section 8. Each licensee shall keep a complete and accurate account of all goods and chattels sold by him, including the names and addresses of the persons from whom they were received. Each licensee shall be responsible for the reporting and collection of sales and use taxes for all sales made by him.

Chapter 100: Section 9. Prohibited practices.
Section 9. No licensee or other person shall: (a) sell or offer for sale at auction goods known by him to be owned by a minor; (b) advertise an auction or goods for sale at an auction in the Commonwealth without including the number of the license issued by the director as a part of the advertisement; (c) advertise for sale or sell goods at auction falsely representing that said goods are, in whole or in part, bankrupt or insolvent stock or damaged goods saved from fire, or otherwise falsely represent or mislead any person as to their origin, history or condition; (d) sell, offer for sale or give away in connection with an auction, any goods as prize packages, gifts, premiums or bonus or otherwise as an inducement to purchase any other goods; (e) sell, offer for sale or dispose of goods at auction by chance or lot, or without first exhibiting to prospective bidders all such goods, including those in packages, bundles or containers, except as to auctions of unclaimed articles; (f) employ or knowingly allow, directly or indirectly, any person to act at any auction as a “capper” or “by bidder” or in any like capacity, for the purpose of bidding up the price of any goods in competition with bona fide bidders or for the purpose of encouraging or enticing bona fide bidders to purchase, or for the purpose of stimulating competitive bidding or sales; or personally act in such capacity; (g) make or knowingly accept any false bid to buy, or pretend to sell or buy goods; or (h) knowingly allow any individual who is not licensed to call for bids; provided, however, that an auctioneer may allow an individual who is not licensed to call for bids when such individual is under the direct supervision of an auctioneer licensed in accordance with the provisions of this chapter.

Chapter 100: Section 10. Special or annual auction permits.
Section 10. No person shall conduct an auction without a special or annual permit issued by the city or town in which the auction is to be conducted. Application for such a permit shall be filed with the local auction permit agent and shall contain the name of the applicant; the name, address and license number of the auctioneer; the hours between which the auction is to be conducted; the location of the auction; and a general description of the goods to be auctioned. As to a special permit, the estimated value of the goods and the date or dates, not to exceed ten, on which the auction shall be held shall also be included.

Within six business days of the filing of an application for a special permit, the local auction permit agent shall either approve the permit subject to stated reasonable terms and conditions relating to public safety as he may establish, or deny the application on stated grounds, which must be reasonable grounds relating to public safety. Failure of an agent to act within the six business day period shall constitute approval of the application. Upon approval, express or implied, the applicant shall tender to the city or town treasurer the permit fee established by said agent, which fee shall be reasonable. (Amended by 1987, 375.)

No person shall be eligible for an annual permit unless he maintains a regular place of business for the conduct of auctioneering in the city or town. Said permit shall be issued or denied on the same terms applicable to a special permit, except that an application which is not acted upon within fourteen days of the date of filing with the local auction permit agent shall be deemed approved. Each annual permit issued shall be valid for a term of one year commencing on the date of the express or implied approval of the application therefore. Any applicant for a special or annual permit who is aggrieved by the action of the local auction permit agent on his application shall be entitled to a public hearing by the appointing authority of the agent in accordance with the provisions of chapter thirty A.

Chapter 100: Section 11. Certain auctions not subject to chapter.
Section 11. The provisions of this chapter shall not apply to any auction held or conducted by an order or judgment of any court of the Commonwealth or of the United States or by any officer of a municipality, county or state of the United States; sales held by sheriffs, deputy sheriffs, constables, collectors of taxes, executors, administrators, lien holders, assignees for the benefit of creditors; sales by any other person specifically authorized by law to sell real, personal or mixed property; casual and isolated sales by an owner of his own goods; and any auction held or conducted by any resident member of a charitable, educational, religious or other nonprofit organization within the commonwealth; provided, however, that any person acting as agent for any of the foregoing shall be subject to all of the provisions of this chapter except section ten.

Chapter 100: Section 12. Violations of chapter; punishment.
Section 12. Any person violating any of the provisions of this chapter may be fined not more than one thousand dollars or by imprisonment for not more than six months, or both.

Chapter 100: Section 13. Alteration, amendment or repeal of rules and regulations.
Section 13. The division may make and, from time to time alter, amend or repeal rules and regulations for the conduct of auctioneers in the commonwealth not inconsistent with this chapter or any other general or special law.

RULES & REGULATIONS—None

FEES

Application fee—$100

License fee–$100

Contact the Board for the other fees at 617-727-3480 ext. 21134




MISSISSIPPI AUCTION LAW, RULES & REGULATIONS AND FEES

Auctioneers Sec.

73-4-1 Short title

73-4-3 Definitions

73-4-5 Unlicensed activities prohibited; exemptions

73-4-7 Mississippi Auctioneer Commission created; powers; member qualifications and compensation

73-4-9 Annual and special meetings; quorum; majority vote

73-4-11 Election of officers; duties

73-4-13 Commission powers

73-4-15 Mississippi Auctioneer Licensure Fund created

73-4-17 License classifications; qualifications; record keeping requirement

73-4-19 Complaints; hearings; remedies; fines, penalties and costs; summary license suspension; appeals; effect of suspension or revocation on business association

73-4-23 License through reciprocity

73-4-25 Prohibited conduct

73-4-27 Auction firm license; requirements; eligibility; grounds for termination or suspension

73-4-29 Bond; factory built home auctions

73-4-31 Bond terms and form; cancellation

73-4-33 Actions and hearings on bond

73-4-35 Auctioneer’s duties to owner or consignor

73-4-37 Records and accounts

73-4-39 Written contract with owner or consignor; exceptions

73-4-41 Advertising disclosures required

73-4-43 Acting without license; cease and desist order; penalties

73-4-45 Penalty for other violations

73-4-47 Commission action for injunction

73-4-49 Averments required in charging violation

73-4-51 New programs subject to appropriations

Current through End of the 2009 Regular Legislative Session

73-4-1. Short title. This chapter shall be known and may be cited as the “Mississippi Auctioneers License Act.”

73-4-3. Definitions. (a)For the purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context otherwise requires: (a) “Auction” means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of his audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of his audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.

(b) “Auction firm” means any business establishment or other location owned by any entity other than a duly licensed auctioneer where goods are sold or advertised to be sold at auction or on any recurring basis.

(c) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds himself out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods or real estate at an auction.

(d) “Commission” means the Mississippi Auctioneer Commission.

(e) “Goods” means any tangible personal property that can be lawfully offered for sale, real estate, property sold pursuant to any will or settlement of any estate, property sold pursuant to any legal foreclosure, automobiles, or farm or other heavy equipment.

(f) “Licensee” means any person licensed under this chapter, and, in the case of an auction firm, includes the person required to obtain a license for such auction firm.

(g) “Organization” means a corporation, partnership, trust (specifically a business trust), firm, association, or any other form of business enterprise which is owned by two (2) or more individuals.

(h) “Person” means an organization or an individual.

73-4-5. Unlicensed activities prohibited; exemptions

(1) It is unlawful for any person, corporation, limited liability company, partnership or other entity to conduct auction, provide an auction service, hold himself out as an auctioneer, or advertise his services as an auctioneer in the State of Mississippi without a license issued by the commission under this chapter.

(2) The provisions of this chapter shall not apply to the following transactions:

(a) A sale conducted by order of any United States court pursuant to Title 11 of the United States Code relating to bankruptcy;

(b) A sale conducted by an employee of the United States or the State of Mississippi or its political subdivisions in the course and scope of his employment;

(c) A sale conducted by a charitable or nonprofit organization if the auctioneer receives no compensation;

(d) A sale conducted by an individual of his own property if such individual is not engaged in the business of such property as an auctioneer on a recurring basis;

(e) A sale conducted by an individual acting as a receiver, trustee in bankruptcy, guardian, administrator or executor or any such person acting under order of court; by a real estate agent, broker or salesman, who auctions property that he has an exclusive listing agreement on, if done through a silent or written auction not done by public outcry or by a trustee acting under a trust agreement, deed of trust or will;

(f) A foreclosure sale of personal property conducted personally by the mortgagee or other secured party or an employee or agent of such mortgagee or other secured party acting in the course and scope of his employment if the employee or agent is not engaged otherwise in the auction business and if all property for sale in the auction is subject to a security agreement;

(g) A sale conducted by sealed bid;

(h) An auction conducted in a course of study, approved by the Secretary of State, for auctioneers and conducted only for student training purposes;

(i) An auction conducted by a posted stockyard or market agency as defined by the Federal Packers and Stockyard Act, 1921, as amended (7U.S.C.S. 181 et seq.);

(j) An auction of livestock conducted by a nonprofit livestock trade association chartered in this state if the auction involved only the sale of the trade association’s members’ livestock; or

(k) An auction conducted by a charitable or nonprofit organization chartered in this state if the auction involves only the property of the organization’s members and the auction is part of a fair that is organized under state, county, or municipal authority.

73-4-7 Mississippi Auctioneer Commission; creation; powers and duties generally; qualifications, terms, and compensation of members.

(1) The Mississippi Auctioneer Commission is created, and it shall have the authority to make such rules and regulations as are reasonable and necessary for the orderly regulation of the auctioneering profession and the protection of the public, which rules and regulations are not inconsistent with the Mississippi Constitution of 1890 and state laws. The commission shall have the following powers:

(a) The power to set reasonable license fees, to collect and hold such fees and to disburse such fees in any manner not inconsistent with this chapter.

(b) The power to make such rules and regulations as will promote the orderly functioning of the auction profession and ensure the protection of the public.

(c) The power to hire and retain such staff and support personnel as are necessary to conduct business and assure compliance with this chapter

 (d) The power to conduct investigations, hold hearings, subpoena witnesses, make findings of fact and otherwise enforce the disciplinary provisions contained in this chapter.

(2) The Mississippi Auctioneer Commission shall consist of five (5) members, one (1) from each congressional district, who shall be appointed by the Governor. All appointees shall possess the following minimum qualifications:

(a) An appointee shall be a citizen of Mississippi.

(b) An appointee shall have been engaged as an auctioneer for a period of not less than five (5) years immediately preceding his appointment.

(c) An appointee shall be of good reputation, trustworthy and knowledgeable in the auction profession. An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government or while owning a school or other facility to train individuals to be auctioneers.

(3) In order to assure continuity, the Governor shall appoint the initial member of the commission for the following terms:

(a) The member appointed from the First Congressional District shall serve a term of one (1) year

(b) The member appointed from the Second Congressional District shall serve a term of two (2) years;

(c) The member appointed from the Third Congressional District shall serve a term of three (3) years;

(d) The member appointed from the Fourth Congressional District shall serve a term of four (4) years;

(e) The member appointed from the Fifth Congressional District shall serve a term of five (5) years. Subsequent term shall be for five (5) years, except for interim appointments to fill unexpired terms which shall be only for the unexpired term.

(4) Each member of the commission shall receive a per diem as provided by Section 25-3-69 per meeting and shall be reimbursed for ordinary and necessary expenses incurred in the performance of official duties as provided in Section 25-3-41.

73-4-9. Annual and special meeting; quorum, majority vote. The Commission shall meet each January at the time and place established by the chairman to conduct an election of officers and such other business may be appropriate. The Commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the Commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members. Three (3) members shall constitute a quorum for the purpose of transacting business. A majority vote of the Commission shall be necessary to bind the Commission.

73-4-11. Election of officers; duties. (1) At the meeting to be held each January, the Commission shall elect from its membership a chairman and vice chairman. Each officer shall serve a term of one (1) year and shall not vacate office until a successor is elected.

(2) The chairman shall preside at all meetings of the Commission.

(3) The vice chairman shall act as presiding officer in the absence of the chairman and shall perform such other duties as the chairman may direct.

(4) The Commission shall appoint an executive director who shall not be a member of the Commission.

(5) The executive director shall:

(a) Notify all members of meetings;

(b) Keep a record of all meetings of the Commission and other proceedings, transactions, communications, official acts and records of the Commission; and

(c) Perform such other duties as the chairman directs.

73-4-13. Commission powers. The Commission is empowered to :

(a) Administer and enforce the provisions of this chapter.

(b) Promulgate such rules and regulations and prescribe such forms as are necessary for the administration and the effective and efficient enforcement of this chapter.

(c) Issue, suspend and revoke licenses in accordance with this chapter.

(d) Provide for the filing and approval of surety bonds as required by this chapter.

(e) Investigate complaints concerning licensees or persons the Commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this chapter or the rules and regulations promulgated as authorized by this chapter and to take appropriate action to address such complaints.

(f) Commence action, in the name of the State of Mississippi, in an appropriate circuit court in order to force compliance with this chapter or rules and regulations promulgated hereunder by restraining order or injunction.

(g) Hold public hearing s on any matters for which a hearing is required under this chapter and to have all powers granted by law for such hearings.

(h) Adopt a seal and through its secretary, certify copies.

(i) Appoint an executive director and employ all necessary employees and consultants to enforce this chapter.

73-4-15. Mississippi Auctioneer Licensure Fund created. All fees and monies collected or received by the Commission under this chapter shall be deposited into a special fund which is hereby created in the State Treasury to be known as the “Mississippi Auctioneer Licensure Fund.” Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special funds shall be deposited to the credit of the special fund. All monies in the special fund shall be expended or used exclusively for the purposes of carrying out the provisions of this chapter. All records of such fees deposited by the Commission and deposited in the special fund shall be available for inspection by the State Auditor. Monies from the special fund shall be used to support the Commission, upon appropriation by the Legislature.

73-4-17. License classifications; qualifications ; record keeping requirement

(a) There shall be two (2) classes of auctioneers’ licenses, which shall be auctioneer and auction firm. All applicants for a license under this chapter shall possess the following minimum qualifications: (a) Applicants shall have attained the age of eighteen (18) years by the issuance date of the license.

(b) Applicants shall have obtained at a minimum a high school diploma or G.E.D. equivalent and shall be graduates of an auctioneering school approved by the Commission.

(c) Each applicant for a license under this chapter shall demonstrate to the Commission that he is of good moral character and worthy of public trust through background information to be provided on his application form and two (2) letters of reference from person not related to the applicant who have known the applicant at least three (3) years. The Commission may require additional information or a personal interview with the applicant to determine if such applicant should be granted a license.

(d) Each applicant for a license under this chapter shall take and successfully complete an examination as prescribed by the Commission. The examination shall include questions on ethics, reading comprehension, writing, spelling, elementary arithmetic, elementary principles of land economics, general knowledge of bulk sales law, contracts of sale, agency, leases, brokerage, knowledge of various goods commonly sold at auction, ability to call bids, knowledge of sale preparation and proper sale advertising and sale summary, and knowledge of the provisions of this chapter and the Commission’s rules and regulations. There shall be separate examinations for auctioneer and auction gallery each based upon relevant subject matter appropriate to the license classification as set forth herein. Examinations shall be administered at least once a year and may be administered quarterly at the Commission’s discretion provided there are at least twenty five examinees. The Commission shall ensure that the various forms of the test remain secure.

(e) In order to defray the cost of administration of the examinations, applicants for the examination shall pay fees as follows: (i) Auctioneer – $100.00 (ii) Auction firm – $100.00 (f) Each applicant desiring to sit for the examination for any license required under this chapter shall be required to furnish to the Commission at least thirty (30) days prior to the examination evidence of a surety bond in the following minimum amounts: (i) Auctioneer – $10,000.00. (ii) Auction firm – $10,000.00

(g) In addition to the bond required herein, applicants for the auction firm license shall furnish the Commission with all relevant information concerning the premises to be licensed, to include location, whether the premises are owned or leased, and an affidavit that the proposed use of the premises as an auction gallery does not violate zoning or any other use restrictions. A separate license shall be required for each business location of the owner of multiple auction galleries.

(h) Except as provided in Section 33-1-39, all licenses granted pursuant to this chapter shall be for a term of two (2) years and shall expire on the first day of March at the end of such two- year term. The biennial license fees shall be set from time to time by the commission with a maximum fee of Two Hundred Dollars ($200.00). License fees shall not be prorated for any portion of a year but shall be paid for the entire biennial period regardless of the date of application. Individuals failing to submit license renewal fees on or before March 1 of the year for renewal shall be required to successfully pass the next administration of the examination in order to renew a license.

(i) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

(j) A licensee shall keep such books, accounts and records as will enable the commission to determine whether such licensee is in compliance with the provisions of this chapter, and rules and regulations made pursuant thereto, and any other law, rule and regulation applicable to the conduct of such business. The commission and its employees or representatives shall have the right to enter and make inspections of any place where the auction business is carried on and inspect and copy any record pertaining to the auction business under this chapter. The commission may conduct or cause to be conducted an examination or audit of the books and records of any licensee at any time the commission deems proper, the cost of the examination or audit to be borne by the licensee. The refusal of access to the books and records shall be cause for the revocation of its license.

73-4-19. Complaints; hearings; remedies; fines, penalties and costs; summary license suspension; appeals; effect of suspension or revocation on business association (1) The commission may, upon its own motion or upon the complaints in writing of any person providing the complaint and any evidence presented with it establishes a prima facie case, hold a hearing and investigate the actions of any auctioneer or auction firm, or any person who holds himself out as an auctioneer or auction firm.

(2) Any person desiring to make a complaint against a licensee shall submit a complaint to the commission in verified form as prescribed by the commission. Upon receipt of a properly verified complaint, the commission shall send a copy of the complaint to the affected licensee by certified mail, and the licensee shall make answer to the complaint in writing within twenty (20) days after the receipt of the complaint. The licenssee shall mail a copy of his response to the commission and the complainant. Upon receipt of the licensee’s response or the lapse of twenty (20) days, the commission shall make investigation of the underlying allegations of the complaint, and upon a finding of probable cause that a violation of this chapter has occurred, the commission shall order a hearing for the licensee to appear and show cause why he should not be disciplined for a violation of this chapter.

(3)(a) All hearings held pursuant to this chapter shall be held at the offices of the commission. The commission, for good cause shown, may order that a hearing be held in another location convenient to all parties.

(b) The commission shall give the complainant and the affected licensee twenty (20) days notice of any hearing upon a complaint. Such notice shall be by United States certified mail.

(c) Any party appearing before the commission may be accompanied by counsel.

(d) The commission or its executive director shall have the right to subpoena witnesses and documents as they deem necessary for the proper conduct of the hearing. The commission shall not entertain a motion for a continuance for failure of a witness to appear unless such witness shall have been duly subpoenaed.

(e)(i). Before commencing a hearing, the chairman of the commission shall determine if all parties are present and ready to proceed. If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant. If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear and be heard.

(ii). Upon the chairman’s determination that all parties are ready to proceed, the chairman shall call the hearing to order and the complainant and the licensee may give opening statements. At the request of any party, the chairman shall order the sequestration of nonparty witnesses. The complainant shall the present his complaint through sworn testimony and the production of physical evidence. The licensee, any counsel and any member of the commission may ask questions of the witnesses.

(iii). The licensee shall then present his case in rebuttal with equal right of cross examination of the parties. At the completion of the evidence, all parties may give closing statements.

(iv). At the conclusion of testimony and argument, the commission may go into closed session for deliberation.

(v). At the conclusion of deliberation, the commission may announce the commission’s decision in any open session and shall notify the parties of its decision by mail within ten (10) days after the commission reaches its decision.

(4) Service or notice to the party shall be considered to have been given if the notice was personally served on the licensee, applicant or complainant or if the notice was sent by certified United State mail to the licensee, applicant or complainant to that party’s last known address of record with the board

 (5) No person whose license has been revoked hereunder may apply for a new license for a period of at least five (5) years. A person whose license has been denied, suspended or revoked may not apply in that person’s name or in any other manner within the period during which the order of denial, suspension or revocation is in effect, and no firm, partnership or corporation in which any person whose license has been denied, suspended or revoked has a substantial interest or exercises management responsibility or control may be licenses during the period. The procedure for reissuance of a license that is for being out of compliance with an order for support, as defined in Section 93-11-157 or 93-11-163, as the case may be.

(6) Any civil or monetary penalty, fine or other costs imposed by the commission under this chapter shall become due and payable within the time allowed by the commission for payment thereof. Failure of the licensee or party to pay all penalties or fines so assessed as ordered by the commission shall, unless an appeal is taken and perfected within the time and in the matter provided in this chapter, result in an automatic revocation of such licensee’s license. In addition, if any amounts assessed against a party by final order of the commission become otherwise uncollectable or payment is in default, and if all the right to appeal has passed, the order of the commission containing the amount of money assessed by the commission may be filed with the appropriate clerk of the court in the county in which the licensee or party is located. The order shall constitute a judgment and the filing of such order shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record

 (7) The commission may also assess and levy upon any licensee or applicant for licensure costs incurred or expended by the commission in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the cost of process service, court reports, expert witness, investigators and attorney fees.

(8) The commission may, upon its own motion, summarily suspend a license when the interest, health, safety or welfare of the public is at risk, such as in the event of a potential loss of consigned items, or potential loss of funds. If the commission suspends summarily a license under the provisions of this subsection, a hearing must begin within twenty (20) days after such suspension begins, unless continued at the request of the licensee.

(9) Any person aggrieved by an action of the commission may file an appeal of such action in Circuit Court of Hinds County. Any appeal must be accompanied by and attested copy of the record of the hearing before the commission. An appeal must, however, be filed with the Chancery Court of Hinds County within thirty (30) days immediately following the date of the commission’s decision to the applicant or licensee of a copy of judgment of the board, unless the court, for good cause shown, extends the time. Appeals may be taken to the Mississippi Supreme Court as provided by law from any final judgment of the chancery court. If the board appeals from any Judgment of the chancery court, no bond shall be required of it in order to perfect its appeal. Any actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93- 11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

(10) If any licensee is indicted in this or any other state of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other offense, and a certified copy of the indictment is filed with the commission or other proper evidence is given to it, the commission may, in its discretion, suspend the license issued to the licensee pending trial of the charges.

(11) If the revocation or suspension of a license issued to any member of a partnership, or to any officer of an association, corporation or organization to whom an auction license has been issued, the license issued to the partnership, association, corporation or organization shall be revoked by the commission unless, within a time fixed by the commission, the connection of the member of the partnership is severed and his interest in the partnership and his share in its activities brought to an end, or the officer of the association, corporation or organization is discharged and has no further participation in its activities.

(12) Nothing in this section shall be deemed as an exclusive remedy or prevent or proscribe any person’s right to petition a court of law or equity for redress of a grievance against a licensee or any other entity.

73 -4-23 License through reciprocity Any auctioneer who is licensed in a state that

(a) has requirements equal to the requirements of this chapter,

(b) has requirements that have been approved by the commission, after a review of such state’s licensing law, and

(c) has entered into a reciprocal licensing agreement with the State of Mississippi through such state’s regulatory authority over auctioneering, may apply for and be granted a license without examination. Applicants for a license through reciprocity shall furnish to the commission by application the same information as that of resident applicants. In addition to the biennial license fee, non residents shall pay to the commission a fee of Two Hundred Fifty Dollars ($250.00). A nonresident auctioneer shall furnish to the commission a surety bond, obligated to the State of Mississippi, in the amount of Ten Thousand Dollars ($10, 000.00) prior to being issued a license. The bond shall be executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state, as surety. The bond shall otherwise be in accordance with the provisions of this chapter.

73-4-25. Prohibited conduct (1) The commission may refuse to issue or renew a license, place a licensee on probation or administrative supervision, suspend or revoke any license, or may reprimand or take any other action in relation to a license, including the imposition of a fine not to exceed Five Thousand Dollars ($5000.00) for each violation upon a licensee, or applicant for licensure, under this chapter of any of the following reasons:

(a) Knowingly filing or causing to be filed a false application.

(b) Failure to enter into a written contract with a seller or consignor prior to placing or permitting advertising for an auction sale to be placed.

(c) Failure by the licensee to give the seller or consignor a signed receipt for items received for sale at auction, either by item received for sale at auction, either by item or lot number at the time the goods are received, unless the goods are to remain in the possession of the seller or consignor.

(d) Failure to give the seller or consignor a statement or lot description, selling price, purchaser’s identity and the next proceeds due to the seller or consignor.

(e) Failure to place funds received from an auction sale in an escrow or trust account, and failure to make timely settlement on escrowed funds. Absent a written agreement to the contrary, five (5) business days shall be deemed timely for settlement on personal property.

(f) Permitting an unlicensed auctioneer to call for bids in an auction sale.

(g) Having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory, or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.

(h) Any course of intentional willful or wanton conduct by a licensee or such licensee’s employees which misleads or creates a false impression among the seller, buyer, bidders and the auctioneer in the advertising, conducting and closing of an auction sale.

(i) A continued and flagrant course of misrepresentation or making false promises, either by the licensee, an employee of the licensee, or by someone acting on behalf of and with the licensee’s consent.

(j) Any failure to account for or to pay over within a reasonable time funds belonging to another which have come into the licensee’s possession through an auction sale.

(k) Any false, misleading or untruthful advertising.

(l) Any act of conduct in connection with a sales transaction which demonstrates bad faith or dishonesty.

(m) Knowingly using false bidders, cappers or pullers, or knowingly making a material false statement or representation.

(n) Commingling the funds or property of a client with the licensee’s own or failing to maintain and deposit in a trust or escrow account in an insured bank or savings and loan association located in Mississippi received for another person through sale at auction.

(o) Failure to give full cooperation to the commission and/or its designees, agents, or other representatives in the performance of official duties of the commission. Such failure to cooperate includes, but is not limited to:

(i) Failure to properly make an disclosures or to provide documents or information required by this chapter or by the commission;

(ii) Not furnishing, in writing, a full and complete explanation covering the matter contained in a complaint filed with the commission;

(iii) Failure, without good cause, to cooperate with any request by the board to appear before it;

(iv) Not providing access, as directed by the commission, for its authorized agents or representatives seeking to perform reviews, audits or inspections at facilities or places utilized by the license holder in the auction business;

(v) Failure to provide information within the specified time allotted and as required by the board and/or its representatives or designees

 (vi) Failure to cooperate with the board or its designees or representatives in the investigation of any alleged misconduct or willfully interfering with a board investigation.

(p) A demonstrated lack of financial responsibility.

(q) Having had a license for the practice of auctioneering or the auction business suspended or revoked in any jurisdiction, having voluntarily surrendered a license in any jurisdiction, have been placed on probation in any jurisdiction, having been placed under disciplinary order(s) or other restriction in any manner for auctioneering or the auction business (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action)

 (r) Any violation of this chapter or any violation of a rule of regulation duly adopted by the commission. (

2) In addition to the acts specified in subsection (1) of this section, the commission shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspend for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93- 11-157 or 93-11-163. If there is any conflict between any provisions of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provision of Section 93-11-157 or 93-11-163, as the case may be, shall control.

73-4-27. Auction firm license; requirements; eligibility; grounds for termination or suspension

(1) No person or party who is not otherwise exempt form licensure under Section 73-34-5 shall sell, offer to sell, goods or real estate at auction in this state or perform any act for which an auction firm license is required, unless the person or party holds a currently valid license issued by the commission.

(2) Any person who is not otherwise licensed under this chapter and who only provides auction services or holds himself out as providing auction services shall do so only with a valid auction firm license issued under this section.

(3) The commission may grant an auction firm license to an auction firm that is determined to be qualified by the commission. To be eligible for license, the auction firm shall: (a) Comply with the requirements of Sections 73-4-17 and 73-4-29 and the rules and regulations of the commission: and

(b) Employs a firm manager as required under subsection (5) of this section.

(4) An application submitted under this section for an auction firm license shall list the names of all of the owners, directors, partners or members of the applicant, as applicable.

(5) An auction firm shall designate a firm manager. The firm manager shall have sufficient authority in the operation of the auction firm to ensure compliance with this chapter and rules and regulations of the commission. If the firm manager does not have a current license issued under this chapter, the firm manager must become licensed under this chapter before the commission may issue a license under this section to the auction firm.

(6) An auction firm license issued under this section immediately shall terminate if any of the following occur:

(a) The auction firm ceases to operate as a corporation.

(b) The auction firm changes ownership or there is any change in ownership.

(c) If the auction firm is a partnership, the firm changes the number of partners in the partnership or changes the partners comprising the partnership.

(d) The auction firm changes firm manager.

(e) The auction firm changes the name under which the firm conducts business.

(f) The auction firm changes its permanent business location.

(7) If the applicant for a firm license maintains more than one (1) place of business within the state, the applicant shall apply for and obtain an additional firm license for each branch office.

(8) A firm license shall automatically be suspended if no licensed auctioneer is engaged in business therein. Such license may be reinstated by the commission for the unexpired term upon proof that a duly licensed auctioneer has been affiliated with the firm.

(9) Any person in this state who for a fee is in the business of managing auctions to the extent such person is responsible for the advertising, consignments, promotion and/ or distribution of funds must hold a valid firm license.

(10) In addition to the other requirements contained elsewhere in this chapter, the holder of an auction firm license shall comply with the following:

(a) Enter into a written contract with a licensed auctioneer to call bids prior to the start of any auction sale. A copy of such contract shall be maintained on the premises and available for inspection by the commission.

(b) The firm license and the license of its manager shall be conspicuously posted at the firm location.

(c) Maintain complete records of each sale held at the licensed premises which shall include, but shall not be limited to, consignment receipts, bidder registration, final settlements with consignors and any other documents relevant to the conduct of the sale. These records shall be maintained for a period of one (1) year from the date of the sale.

(d) Maintain a file on all current and past employees of the auction firm for the previous year. Such file should contain the employee’s name, last known address and Social Security Number.

(e) Assume responsibility for all checks, drafts, and other negotiable instruments tendered by buyers in payment for goods sold through the auction firm.

(f) Deposit all proceeds from the auction sales into the licensee’s escrow account and make all disbursements from such escrow account.

(g) The licensee shall make all of his records pertaining to the auction firm available to a member or employee of the commission for inspection upon demand.

73-4-29. Bond; factory- built home auctions

(1) Every person who applies for an auctioneer’s license, as a condition to the granting and the retention thereof, shall file or have on file with the commission a bond in the amount of Ten Thousand Dollars ($10, 000.00)

 (2) Every person or persons who apply for an auction firm license, as a condition to the granting and the retention thereof, shall file or have on file with the commission, a bond in the amount of Ten Thousand Dollars ($10,000.00).

(3)(a)Factory- built homes as defined by Section 75-49-3, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing, and electrical systems), like other finished products having concealed vital parts, may present hazards to the health, life and safety of persons and to the safety of property unless properly inspected prior to sale and properly anchored and blocked at the homesite after the sale so as to provide reasonable safety and protection to their owners and users. In order to insure that these homes are properly anchored and blocked at the homesite in accordance with the rules, regulations, and procedures promulgated by the State Commissioner of Insurance pursuant to his rule making power contained in Section 75-49-5, auctions of these homes shall be restricted to factory- built housing dealers licensed pursuant to Section 75-49-9 and subject to the penalties of Section 75-49-19, except as otherwise provided in paragraph (b).

(b) An auctioneer licensed under this chapter may auction a factory- built home without obtaining a license pursuant to Section 75-49-9, if the auction is not for the sole purpose of disposing of factory-built homes and if the disposal of the factory-built home is incidental to, and part of, an entire estate or liquidation auction. The number of such homes that may be auctioned pursuant to this paragraph is limited to three (3) being offered for sale in one (1) auction or event.

73-4-31. Bond terms and form; cancellation

(1) The State of Mississippi shall be the obligee under any bond under this chapter

 (2) Such bond shall be:

(a) Executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state as a surety;

(b) In such form and containing such terms and conditions as the commission prescribes

(c) Conditional upon the faithful performance of all obligations of a licensee under this chapter and the rules and regulations promulgated hereunder, including the obligation to account for and pay over monies and proceeds to persons who are entitled to them; and

(d) Effective from the date of its filing with the commission, such bond shall not be affected by the expiration of the license period and shall continue in full force and effect until canceled, provided that the total and aggregate liability of the surety on a bond shall be limited to the amount specified in the bond and the continuous nature of the bond shall in no way be constructed as allowing the liability of the surety under a bond to accumulate for each successive license period during which the bond is in force.

(3) (a) A licensee may not cancel a bond without the prior written approval of the commission and its approval of a substitute bond so as to provide continuous bonding of the licensee’s activities.

(b) The surety on a bond may cancel a bond filed under this chapter only after the expiration of ninety (90) days from the date the surety mails a notice of intent to cancel, by registered or certified mail, return receipt requested, to the commission and to the principal of the bond.

(c) Not later than thirty (30) days prior to the date upon which a bond cancellation becomes effective, the licensee shall give written notice to the commission that a new bond has been obtained so as to provide continuous coverage of the licensee’s activities.

73-4-33. Actions and hearings on bond

(1) If any licensee fails, or is alleged to have failed, to meet the obligations under this chapter and the rules and regulations promulgated hereunder, the commission shall hold a hearing and determine whether there has been such a failure, determine those persons who are proven claimants under the bond, and if appropriate distribute the bond proceeds to the proven claimants.

(2) Actions upon the bond and the right to payment under the bond shall extend solely to the commission, except that if the commission has not initiated auction under the bond by scheduling and holding a hearing, by litigation or otherwise, within thirty (30) days of a written request to do so, any claimant may initiate an action in the Circuit Court of Hinds County, Mississippi, to require the commission to take action.

(3) If, after a hearing, the commission determines the proven claims exceed the amount of the bond proceeds, the proceeds shall be prorated among proven claimants in the ratio that the amount of their proven claim bears to the total amount of all proven claims.

(4) The determination of the commission as to the fact and the amount of liability under the bond and the amount distributed to the claimants under the bond shall be binding upon the principal and surety of the bond.

(5) All hearings held under this section shall be held in accordance with the laws of this state.

(6) The existence of the bond and the bond recovery procedure shall in no way affect or alter any other right or remedy which a person may have under applicable law.

73-4-35. Auctioneer’s duties to owner or consignor

(1) In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods being sold at the auction. Every auctioneer shall perform such auctioneer’s duties so that the highest or most favorable offer made by a member of the audience is accepted, and shall otherwise perform such duties in accordance with the highest standards of the auctioneering profession.

(2) (a) Every licensee, within five (5) business days after the sale transaction, shall account to, or provide an accounting for, those persons who own or who are acting as consignor or goods which are the subject of an auction engaged in or conducted by such licensee or upon such licensee’s premises.

(b) Every licensee, within five (5) business days after a sale of goods and at closing of the sale, shall pay over, or provide for the paying over of, all monies and proceeds due to owner or consignor of goods which was the subject of an auction engaged in or conducted by such licensee or upon licensee’ premises.

73-4-37 Records and accounts Each licensee shall keep and maintain in a safe place for a period of not less than two (2) years complete and current records and accounts pertaining to such licensee’s licensed activity, including the name and address of the owner or consignor of all goods involved in such activities, a description of such goods, the terms and conditions of the acceptance of such goods and accounts of all monies received and paid out, whether on the licensee’s own behalf or as agent, as a result of such activities.

73-4-39. Written contract with owner or consignor; exception Except with respect to goods sold through an auction firm, no licensee shall sell goods at an auction until the auctioneer or auction firm involved has first entered into a written contract with the owner or consignor of such goods, which contract sets forth the terms and conditions upon which such auctioneer or auction firm accepts the goods for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.

73-4-41. Advertising disclosures required All advertisements of auctions shall disclose:

(a) The auctioneer’s name and the name of the auction firm involved; and

(b) Whether the auction is to be absolute or with reserve; and

(c) The auctioneer’s or auction firm’s auction license number.

73-4-43. Acting without license; cease and desist order; penalties

(1) An individual may not act as an auctioneer without first having obtained and having in effect the license required under this chapter.

(2) Any person, except a licensed auctioneer who shall have become exempt by reason of compliance with the applicable provisions of this chapter, may not operate an auction firm without having obtained and having in effect a license for such auction firm as required under this chapter.

(3) A person who violates the provisions of this section shall be fined, upon conviction, not more than One Thousand Dollars ($1, 000.00).

(4) When the commission or its authorized designee determines that person or party not licenses under this chapter is engaged in or believed to be engaged in activities for which a license is required under this chapter, the commission or its designee may issue an order requiring that person to desist immediately and refrain from such conduct or activities. The affected person or party may appeal the issuance of the cease and desist order by filing notice of appeal within seven (7) calendar days after service of the order. A hearing must be held within twenty (20) days after a notice of appeal has been timely filed. Service of the cease and desist order shall be considered to have been given if the notice or order was personally served on the person or party or if the order was mailed by certified United States mail to the person’s or party’s last known address available to the commission. A person or party who has been issued an order to cease and desist that has become final either through default or administrative proceeding before the commission may not engage in the activity or conduct which is the subject of the order. A cease and desist order issued by the commission shall be enforceable in the courts of competent jurisdiction in this state.

(5) Any person or party that practices, offers to practice, attempts to practice, or holds oneself out to practice as an auctioneer, auction firm, or any other licensee under this chapter without being licensed by the commission shall , in addition to any other penalty provided by law, pay a civil penalty to the commission in an amount not to exceed Five Thousand Dollars ($5000.00) for each offense as determined by the commission. The civil penalty shall be paid within sixty (60) calendar days after the effective date of the order imposing the penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner from any court record.

73-4-45. Penalty for other violations Any person who violates any provision of this chapter for which a specific penalty is not provided, upon convictions, shall be fined not more than One Thousand Dollars ($1, 000.00).

73-4-47. Commission action for injunction The commission may maintain an action in the name of the State of Mississippi to enjoin any person from engaging, without a license issued under this chapter or pursuant to an exemption defined in this chapter, in any activity for which a license is required under this chapter.

73-4-49. Averments required in charging violation In charging any person in an affidavit, information, or indictment with a violation of conducting, without a license or pursuant to an exemption of this chapter, any activity for which a license or an exemption there for is required, it shall be sufficient to charge that the person did, upon a certain day in certain county, engage in such activity and that such person did not have a license or exemption to do so. No further facts need to be averred concerning the matter

 7 3-4-51. New programs subject to appropriations All new programs authorized in this chapter are subject to the availability of funds specifically appropriated therefor by the Legislature. Credits West’s Annotated Mississippi Code Title 73. Professions and Vocations Chapter 4. Auctioneers Laws 1995, Chapter 405.Section 26. effective July 1, 1995. Amended by Laws 2009, Ch.476,~1, eff. July 1, 2009

RULES & REGULATIONS

Title 30: Professions and Occupations- Mississippi Auctioneer Commission

PART 401: MISSISSIPPI AUCTIONEER COMMISSION GENERAL RULES

PART 401 CHAPTER 1: RESPONSIBILITIES OF THE MISSISSIPPI AUCTIONEER1

Rule 1.1 Definitions

Rule 1.2 Advertising

Rule 1.3 Pocket Identification Cards

Rule 1.4 Statements to the Commission

Rule 1.5 Inspection of Records.

Rule 1.6 Escrow Account

Rule 1.7 Change of address or business name or ownership

Rule 1.8 License name and number non-transferable

Rule 1.9 Examination Days

Rule 1.10 Examinations Rule

1.11 Out- of- State Firm Licenses

Rule 1.12 Out- of- State Auctioneers

PART 401 CHAPTER 2: PUBLIC PROCEDURES

Rule 2.1 Public Records Request

Rule 2.2 Method of Operation

Rule 2.3 Oral Proceedings of Proposed Rules

Rule 2.4 Declaratory Opinions

Title 30: Professions and Occupations-Mississippi Auctioneer Commission

Part 401: Mississippi Auctioneer Commission General Rules

Part 401 Chapter 1: Responsibilities of the Mississippi Auctioneer

Rule 1.1 Definitions

(a) Auction- means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of his audience, which exchanges consist of a series of invitations for offers for the purchase of goods made by the auctioneer and offers to purchase made by members of his audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience.

(b) Absolute Auction- an auction in which property put up for sale is sold to the highest bidder and no minimum price will limit the bid. The seller may not nullify the sale by bidding himself or through an agent.

(c) Auction with reserve- any auction in which the seller or his agent reserves the right to establish a minimum bid, to accept or reject any and all bids and to withdraw the property at any time prior to the completion of the sale by the auctioneer.

(d) Auction without reserve- an auction in which property put up for sale is sold to the highest bidder and no minimum price will limit the bid. The seller may not nullify the sale by bidding himself or through an agent. “Auction without reserve is equivalent to the term absolute auction.”

(e) Estate Auction- any auction in which all the property advertised and sold is the property of a specified deceased person or the property of a specified living person’s estate.

(f) Absolute auction verses reserve auction- auctions are considered to be with reserve unless otherwise stated, and as provisioned as under the Uniform Commercial Code

 (g) Auction Firm- means any business establishment or other location owned by any entity other that a duly licensed auctioneer where goods are sold or advertised to be sold at auction or on a recurring basis. Source: Miss. Code Ann. § 73-4-13 (Rev. 2009)

Rule 1.2 Advertising

(a) Rules and regulations applying to advertising and proper disclosure include advertisements on television, radio, newspaper, and other media

 (b) It shall be a violation of these Rules for an auctioneer or auction firm to permit its name or license number to appear on any advertisement for an auction without reviewing the contents of the advertisement prior to its publication to ascertain its compliance with applicable law and Rules. 2

(c) Any advertisements for an auction must identify the name and license number of the auctioneer or auction firm who will be conducting the auction business.

(d) False, deceptive, misleading and untruthful advertising is expressly prohibited. Any advertisement or advertising shall be deemed to be false, deceptive, misleading or untruthful, if it:

(1) contains misrepresentations of fact;

(2) is misleading or deceptive because in its content or in its context it makes only a partial disclosure of relevant facts;

(3) creates false or unjustified expectations of the services to be performed;

(4) contains any misrepresentation or claim which the advertising licensee fails to perform;

(5) advertises an auction as absolute when any portion to be sold is subject to confirmation or with reserve or with minimum bids.

(e) It shall be a violation of these Rules to advertise for sale items which the auctioneer or gallery/auction firm does not intend to offer for sale at the advertised auction.

(f) If an auctioneer and seller enter into a contract which establishes “a minimum reserve, minimum guarantee, or agreement by the auction company to guarantee or purchase the property at a set price,” the auction cannot be advertised as absolute.

(g) Any auctioneer, auction firm, or agent that willfully advertises an auction as absolute, and during the course of the auction commits acts universally known as “buy-bidding’, “shielding”, or “jacking” shall be a violation of the law.

(h) A general advertisement which does not concern a specific sale(s) and which does not list sale dates, times or locations, shall not be subject to any identification requirement. A licensee may advertise under a name, trade name, or combination of names, only if written notice has been previously filed with the Commission. Source: Miss. Code Ann. § 73-4-25 (Rev. 2009)

Rule 1.3 Pocket Identification Cards A pocket card will be issued by the Executive Director giving the auctioneer, auction firm’s name, license number and date of expiration. The pocket card must be carried by the licensee, and in the case of auction firms, the designated person(s), at all times when auctioneering activities are being conducted and shall be available for inspection by the Executive Director or designated agent for the Commission. Source: Miss. Code Ann. § 73-4-17 (Rev. 2009) 3

Rule 1.4 Statements to the Commission Any false information, statements, or testimony given to the Mississippi Auctioneer Commission or its agent by a licensee or applicant will be grounds for denial of an application or disciplinary actions against the licensee. Source: Miss. Code Ann. § 73-4-25 (Rev. 2009)

Rule 1.5 Inspection of Records Documents, books, or records concerning an auction or auctions must be made available for inspection by the Commission or its authorized personnel or representative upon request. Failure by licensee, to produce requested documents, books, records, or copies thereof, within 20 days of request by Commission will be grounds for further investigation and disciplinary action as appropriate by the Commission. Source: Miss. Code Ann. § 73-4-17 (Rev. 2009)

Rule 1.6 Escrow Account

(a) Auctioneers must deposit all proceeds from the auction sales into the licensee’s escrow account and make all disbursements from such escrow account.

(b) All account records of monies received and paid out shall be available for inspection by the Commission or its designated agent, without advance notice, and copies shall be provided to the Commission upon request. Source: Miss. Code Ann. § 73-4-17 (Rev. 2009)

Rule 1.7 Change of address or business name or ownership

(a) All licensees shall notify the Commission in writing of any change or addition of residence or business address (including mailing address) and change of trade name, assumed name, or combination of names under which the licensee conducts business related to auctions.

(b) Any change in address, business name, or ownership required by these Rules shall be reported within 10 days of the occurrence of such change. Source: Miss. Code Ann. § 73-4-13 (Rev. 2009)

Rule 1.8 License name and number non-transferable It is deemed to be intentional willful or wanton conduct for a Mississippi auctioneers to allow his/her names and state numbers to be used by an auction firm and do not actually participate in the conducting of the auction business, such Mississippi Auctioneer or Auction Firm will be held directly responsible for any and all such violations. Licensed auctioneers will be further held accountable for any omission in advertising that may occur. Source: Miss. Code Ann. § 73-4-43 (Rev. 2009) 4

Rule 1.9 Examination Days

(a) A completed auctioneer application and evidence of a $10,000.00 Surety Bond must be received by the Commission deadline dates for each exam as established by the Commission. Upon approval of his/her application, the applicant is notified by letter of the date scheduled for his/her examination and asked to confirm or reschedule at least two weeks prior to the scheduled date.

(b) An applicant who fails to appear without notification for the first scheduled date will automatically be rescheduled for the next exam. Failure to appear without notification the second time will be sufficient cause to cancel the application without refund of the examination fee. An applicant whose application has been canceled must file a new application and pay the examination fee as if no prior application has been submitted. Each time an examination is taken and failed, the examination fee is forfeited. The applicant may request reexamination, within a reasonable period of time, without submitting another application but must remit the appropriate examination fee.

(c) Once an applicant has failed the examination twice consecutively, the applicant will be required to wait six months before requesting reexamination. Source: Miss. Code Ann. § 73-4-17 (Rev. 2009)

Rule 1.10 Examinations Examinations are confidential tests. They are designed and administered under conditions established to protect the security of the tests. Neither current forms nor any previous forms of the tests are available for purchase or inspection. No applicant who has taken the examination will be permitted to inspect that or any other completed examination after it has been graded in order to ensure the validity of the examination. Source: Miss. Code Ann. § 73-4-17 (Rev. 2009)

Rule 1.11 Out- of- State Firm Licenses Any out-of- state auction company/firm contracting, advertising, and managing auctions in Mississippi will be required to have a firm license, but not limited thereto. Source: Miss. Code Ann. § 73-4-27 (Rev. 2009)

Rule 1.12 Out- of- State Auctioneers Out- of- state auctioneers who work under contract with licensed Mississippi auctioneers or auction firms and who do not individually contract, advertise or manage auctions in Mississippi, must be a licensed Mississippi Auctioneer but will not be required to have a firm license. Source: Miss. Code Ann. § 73-4-23 (Rev. 2009) 5 Part 401 Chapter 2: Public Procedures

Rule 2.1 Public Records Request The Commission will respond to all public records requests within 14 days. Source: Miss. Code Ann. § 25-43.3.104 (Rev. 2006)

Rule 2.2 Method of Operation The Mississippi Auctioneer Commission is created under the Mississippi Auctioneers Licensing Act, (MS Code Section 73-4-1 et seq). Authority is given by law to set and collect reasonable license fees for Auctioneers licenses, regulate the Auction profession and administer the provisions of the statute, promulgate rules and regulations, issue, suspend and revoke licenses in accordance with the law; provide for filing of surety bonds, investigate complaints against licensees and applicants for licensure as authorized by law; hold public hearings on any matters for which a hearing is required under the Auctioneers Licensing Act; commence actions in the name of the State of Mississippi in an appropriate court in order to force compliance with the Auctioneers Licensing Act. The office of the Mississippi Auctioneer Commission is located at 5135 Galaxie Drive, Suite 500 E, Jackson, MS, 39206. The Commission phone number is (601) 364-2384 and the fax number is (601) 364-2387. The Executive Director and staff are available at the same address to receive requests for declaratory opinions, requests for public records, requests for other matters under the auspices of this act. Source: Miss. Code Ann. § 25-43.2.105 (Rev. 2006)

Rule 2.3 Oral Proceedings of Proposed Rules

(a) Scope. This rule applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments to rules before the Commission pursuant to Section 25-43-3.104

(b)When Oral Proceedings will be scheduled on Proposed Rules. The Commission will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons in writing within twenty (20) days after the filing of the notice of the proposed rule.

(c) Request Format. Each request must be printed or typewritten, or must be legible handwriting. Each request must be submitted on standard business letter-size paper (8 ½ inches by 11 inches). Requests may be in the form of a letter addressed to the Commission and signed by the requestor(s).

(d) Notification of Oral Proceeding. The date, time and place of all oral proceedings shall be filed with the Secretary of State’s office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. 6

(e) Presiding Officer. The Chairman of the Commission or his designee, who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

(f) Public Presentations and Participation.

(1) At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule.

(2) Persons wishing to make oral presentation at such a proceeding shall notify the Commission at least one business day prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or discretion may allow individuals to participate that have not previously contacted the Commission

 (3) At the proceeding, those who participate shall indicate their names and addresses, identify any person or organizations they may represent, and provide any other information relation to their participation deemed appropriate by the Chairman of the Commission.

(4) The Chairman may place time limitations on individual oral presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for person whose presentation represent the views of other individuals as well as their own views.

(5) Persons making oral presentations are encouraged to avoid restating matters that have already been submitted in writing.

(6) There shall be no interruption of a participant who has been given the floor by the presiding officer, except that the presiding officer may in his or her discretion interrupt or end the partisan’s time where the orderly conduct of the proceeding so requires.

(g) Conduct of Oral Proceeding (1) Presiding Officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for the orderly conduct of the proceeding. The presiding officer shall

(i) call proceeding to order;

(ii) give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons provided by Commission for the proposed rule;

(iii) call on those individuals who contacted the Commission about speaking on or against the proposed rule;

(iv) allow for rebuttal statements following all participants’ comments;

(v) adjourn the proceeding.

(2) Questions. The presiding officer, where time permits and to facilitate the exchange of information, may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submission made by those participants in that proceeding; but no participant shall be required to answer any question. 7

(3) Physical and Documentary Submissions. Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Commission and are subject to the Commission’s public request procedure.

(4) Recording. The Commission may record oral proceedings by stenographic or electronic means. Source: Miss. Code Ann. § 25-43.2.105 (Rev. 2006)

Rule 2.4 Declaratory Opinions

(a) Scope. These rules set forth the Mississippi Auctioneer Commission’s, hereinafter “Commission”, rules governing the form and content of requests for declaratory opinions, and the Commission’s procedures regarding the requests, as required by Mississippi Code 25-43- 2.103. These rules are intended to supplement and be read in conjunction with the provisions of the Mississippi Administrative Procedures Law, which may contain additional information regarding the issuance of declaratory opinions. In the event of any conflict between these rules and the Mississippi Administrative Procedures Law, the latter shall govern.

(b) Persons Who May Request Declaratory Opinions. Any person with a substantial interest in the subject matter may request a declaratory opinion from the Commission by following the specified procedures. “Substantial interest in the subject matter” means: an individual, business, group or other entity that is directly affected by the Commission’s administration of the laws within its primary jurisdiction. “Primary jurisdiction of the agency” means the agency has a constitutional or statutory grant of authority in the subject matter at issue.

(c) Subjects Which May Be Addressed in Declaratory Opinions. The Commission will issue declaratory opinions regard the applicability to specified facts of (1) a statute administered or enforceable by the Commission or (2) a rule promulgated by the Commission. The Commission will not issue a declaratory opinion regarding a statue or rule which is outside the primary jurisdiction of the agency.

(d) Circumstances In Which Declaratory Opinions Will Not Be Issued. The Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessary limited to:

(1) lack of clarity concerning the question presented;

(2) there is pending or anticipated litigation, administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;

(3) the statute or rule on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;

(4) the facts presented in the request are not sufficient to answer the question presented; 8

(5) the request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;

(6) the request seeks to resolve issues which have become moot, or are abstract or hypothetical such that the requestor is not substantially affected by the statute or rule on which a declaratory opinion is sought;

(7) no controversy exists concerning the issue as the requestor is not faced with existing facts or those certain to arise which raise a question concerning the application of the statue or rule;

(8) the question presented by the request concerns the legal validity of a statute or rule;

(9) the request is not based upon facts calculated to aid in the planning of future conduct but is, instead, based on past conduct in an effort to establish the effect of that conduct;

(10) no clear answer is determinable;

(11) the question presented by the request involves the application of a criminal statue or a set of facts which may constitute a crime;

(12) the answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;

(13) the question is currently the subject of an Attorney General’s opinion request or has been answered by an Attorney General’s opinion;

(14) A similar request is pending before this agency or any other agency or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law.

(15) Where issuance of a declaratory opinion may adversely affect the interests of the State, the Commission or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise;

(16) The question involves eligibility for a license, permit, certificate or other approval by the Commission or some other agency, and there is statutory or regulatory application process by which eligibility for said license, permit, certificate or other approval would be determined.

(e) Written Request Required. Each request must be printed or typewritten or must be in legible handwriting. Each request be submitted on standard business letter-size paper (8 ½ inches by 11 inches). Requests may be in the form of a letter addressed to the Commission. 9

(f) Where to Send Requests. All requests must be mailed, delivered, or transmitted via facsimile to the Commission. The request shall clearly state that it is a request for a declaratory opinion. No oral, telephone or email requests will be accepted for official opinions.

(g) Name, Address and Signature of Requestor. Each request must include the full name, telephone number, and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any other administrative or judicial tribunal.

(h) Questions Presented. Each request shall contain the following:

(1) a clear and concise statement of all facts on which the opinion is requested.

(2) a citation to the statute or rule at issue;

(3) the question(s) sought to be answered in the opinion, stated clearly;

(4) a suggested proposed opinion from the requestor, stating the answers desired by petitioner and a summary of the reasons in support of those answers;

(5) the identity of all other known persons involved in or impacted by the described factual situation, including their relationship to the facts, name, mailing address and telephone number; and

(6) a statement to show that the person seeking the opinion has a substantial interest in the subject matter.

(i) Time for Commission’s Response. Within forty-five (45) days after receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing: (1) issue a declaratory opinion regarding the specified statue or rule as applied to the specified circumstances;

(2) decline to issue a declaratory opinion, stating the reasons for its action; or

(3) agree to issue a declaratory opinion by a specified time but not later than ninety (90) days after receipt of the written request; The forty-five (45) day period shall begin running on the first State of Mississippi business day on or after the request is received by the Mississippi Auctioneer Commission, whichever is sooner.

(j) Opinion Not Final for Sixty Days. A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of the sixty (60) days, the Mississippi Auctioneer Commission may, in its discretion, withdraw or amend the 10 declaratory opinion for any reason which is not arbitrary or capricious. Reasons for withdrawing or amending an opinion include, but are not limited to, a determination that the request failed to meet the requirements of these rules or that the opinion issued contains a legal or factual error.

(k) Notice by the Mississippi Auctioneer Commission to third parties. The Mississippi Auctioneer Commission may give notice to any person, agency, or entity that a declaratory opinion has been requested and may receive and consider data, facts, arguments and opinions from other persons, agencies or other entities other than the requestor.

(l) Public Availability of Requests and Declaratory Opinions. Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Mississippi Auctioneer Commission’s public records request procedure. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other law shall be exempt from the requirement and shall remain confidential.

(m) Effect of a Declaratory Opinion. The Mississippi Auctioneer Commission will not pursue any civil, criminal, or administrative action against a person who is issued a declaratory opinion from the Mississippi Auctioneer Commission and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdiction holds that the opinion is manifestly wrong. Any declaratory opinion rendered by the Mississippi Auctioneer Commission shall be binding only on the Mississippi Auctioneer Commission and the person to whom the opinion is issued. No declaratory opinion will be used as precedent for any other transaction or occurrence beyond that set forth by the requesting person. Source: Miss. Code Ann. § 25-43.2.105 (Rev. 2006

FEES

Application fee:

In state–$300

Reciprocal–$550

License Renewal Fee:

in state–$200

Reciprocal–$450

Change of Address fee:

$15

Letter of Good Standing:

$15

 




NEW HAMPSHIRE AUCTION LAW, RULES & REGULATIONS AND FEES

The New Hampshire Board of Auctioneers prefers to have only the direct link to their Laws, etc. listed here in order to assure that you will be viewing the most recent version.  The direct link is:

http://www.gencourt.state.nh.us/rsa/html/XXX/311-B-mrg.htm




NORTH CAROLINA AUCTION LAW, RULES & REGULATIONS AND FEE SCHEDULE

The North Carolina Board prefers to have only the direct link to its Law and Rules in order to be assured that when you view these you will have the most current version of them.

http://www.ncleg.net/gascripts/statutes/StatutesTOC.pl?Chapter=0085B

http://www.reports.oah.state.nc.us/ncac.asp?folderName=\Title%2021%20-%20Occupational%20Licensing%20Boards%20and%20Commissions\Chapter%%2004%20-%20Auctioneers

 




NORTH DAKOTA AUCTION LAW, RULES & REGULATIONS AND FEES

The North Dakota Commission would prefer to have the direct link to their Law and Rules listed here to assure that you will be viewing the most current version.  The direct link is:

  • http://www.psc.nd/gov/jurisdiction/auctions/index.php

 




OHIO AUCTION LAW, RULES & REGULATIONS AND FEES

The Ohio Board of Auctioneers would like to have only their direct link to their Law and Rules listed here in order to insure that you will be viewing the most current version.  The direct link is:

http:www.agri.ohio.gov/divs/auctioneer/docs/Auct Regs AuctioneerGuide.pdf

 




PENNSYLVANIA AUCTION LAW, RULES & REGULATIONS AND FEES

The Pennsylvania Board of Auctioneers prefers to have the direct link to their Law and Rules listed here which will insure that when viewing you will have the most recent version available.  The direct link is:

http://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/AuctioneerExaminers/Documents/Auctioneer%20Law%20Act.pdf

http://www.pacode.com/secure/data/049/chapter1/chap1toc.html


 




TENNESSEE AUCTION LAW, RULES & REGULATIONS AND FEES

 

Title 62  Professions, Businesses and Trades
Chapter 19  Auctioneers
Tenn. Code Ann. § 62-19-101  (2016)

62-19-101.  Chapter definitions. 

As used in this chapter, unless the context otherwise requires:

(1) “Apprentice auctioneer” means any individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any activity defined in subdivision (3);

(2) “Auction” means a sales transaction conducted by means of oral or written exchange between an auctioneer and members of the audience, which exchange consists of a series of invitations for offers for purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience;

(3) “Auctioneer” means any individual who, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving a fee, commission or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates or attempts to negotiate a listing contract, sale, purchase or exchange of goods;

(4) “Commission” means the Tennessee auctioneer commission;

(5) “Continuing education” means six (6) hours each renewal period;

(6) “Firm” means any person who, as part of the person’s business, arranges, manages, sponsors, advertises or carries out auctions;

(7) “Goods” means any chattels, merchandise, real or personal property or commodities of any form or type that may lawfully be kept or offered for sale;

(8) “Person” includes an individual, association, partnership, corporation and the officers, directors and employees of a corporation;

(9) “Principal auctioneer” means the auctioneer who is responsible for the management and supervision of a firm;

(10) “Public automobile auction” means offering motor vehicles for sale to the highest bidder where buyers are members of the public by any motor vehicle dealer licensed to sell used motor vehicles and which dealer is licensed as a public automobile auctioneer by the Tennessee auctioneer commission; provided, that no public automobile auction shall otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents; and

(11) “Public automobile auctioneer” means any individual who, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving a fee, commission or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles.

HISTORY: Acts 1967, ch. 335, § 1; 1976, ch. 824, § 1; 1978, ch. 569, § 1; T.C.A., § 62-1901; Acts 1983, ch. 250, § 1; 1997, ch. 91, § 7; 2008, ch. 724, § 1; 2015, ch. 291, § 8.

Tenn. Code Ann. § 62-19-102  (2016)

62-19-102.  License requirement. 

(a) It is unlawful for any person to:

(1) Act as or advertise or represent to be an auctioneer, apprentice auctioneer or firm without holding a valid license issued by the commission under this chapter or prior state law;

(2) Conduct or offer to conduct an auction of real property unless the person is duly licensed as an auctioneer or apprentice autioneer and as a broker or affiliate broker under the provisions of the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title; provided, however, with respect to the authority of an apprentice auctioneer to conduct or offer to conduct an auction of real property, that the auctioneer for whom the apprentice auctioneer is employed for such purposes must be on the premises of the property during the auction. This subdivision (a)(2) shall not be construed to require ringpersons or other persons not vocally conducting an auction to be duly licensed as auctioneers, nor to be duly licensed under chapter 13 of this title, unless the ringpersons or other persons act as an affiliate broker or broker within the meaning of chapter 13 of this title; or

(3) Act as or advertise or represent to be a public automobile auctioneer unless the person is duly licensed as a public automobile auctioneer and as a motor vehicle dealer under title 55, chapter 17, part 1.

(b) All auctions arranged by or through a firm shall be conducted exclusively by individuals who are licensed as auctioneers under this chapter.

HISTORY: Acts 1967, ch. 335, § 2; T.C.A., § 62-1902; Acts 1983, ch. 250, § 2; 1985, ch. 357, § 1; 2003, ch. 24, §§ 1, 2; 2008, ch. 724, § 2.

Tenn. Code Ann. § 62-19-103  (2016)

62-19-103.  Exemptions. 

The provisions of this chapter do not apply to:

(1) Any person acting as a receiver, trustee in bankruptcy, guardian, administrator, executor or other such person acting under order of any court;

(2) Any trustee acting under a trust agreement, deed of trust or will or any secured party selling collateral after default by a debtor in accordance with title 47, chapter 9;

(3) Any auction conducted by or under the direction of any governmental entity or pursuant to any judicial order or decree;

(4) Any auction conducted by or on behalf of any political party, church or charitable corporation or association, if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold the individual out as available to engage in the sale of goods at auction;

(5) Any person performing acts in the regular course of or as an incident to the management of and investment in property owned or leased by the person, if the property was not acquired for the purpose of resale. When a sales tax, as provided by title 67, chapter 1, is not levied upon the sale of personal property, there is a presumption that the personal property was purchased for the purpose of resale;

(6) Any auction conducted for the sale of livestock sponsored through or in cooperation with the state department of agriculture or the University of Tennessee extension, or both;

(7) Any auctioneer conducting a sale of tobacco at or for a warehouse operated pursuant to title 43, chapter 19;

(8) Any livestock auction sale regulated by the United States department of agriculture packers and stockyards administration, if the sale uses:

(A) The shipper’s proceeds account required by federal regulations; and

(B) A Tennessee licensed auctioneer; or

(9) Any fixed price or timed listings that allow bidding on an Internet web site but that do not constitute a simulcast of a live auction.

HISTORY: Acts 1967, ch. 335, § 3; 1969, ch. 247, § 1; 1976, ch. 824, § 2; 1978, ch. 569, § 2; T.C.A., § 62-1903; Acts 1983, ch. 250, § 3; 1984, ch. 1000, §§ 1-4; 1986, ch. 915, § 1; 1991, ch. 485, § 4; 2006, ch. 533, § 1.

Tenn. Code Ann. § 62-19-104  (2016)

62-19-104.  Auctioneer commission. 

(a) There is created in the division of regulatory boards the Tennessee auctioneer commission for issuing licenses to auctioneers and apprentice auctioneers engaged in the auction business.

(b) The commission shall be composed of five (5) members. The term of each member shall be three (3) years. The additional member appointed pursuant to Acts 1989, ch. 331 shall be appointed to serve a regular three-year term and shall meet the requirements of subdivision (b)(1).

(1) Four (4) members of the commission shall be auctioneers. Each member shall have been actively and principally engaged as a licensed auctioneer for a period of no less than five (5) years next preceding the appointment, shall be of recognized standing in the member’s branch of the auction business and shall be at least thirty (30) years of age and of good moral character.

(2) One (1) member of the commission shall not be engaged in the auction business. The member shall be at least thirty (30) years of age and of good moral character and shall be appointed from the state at large.

(3)  (A) The new auctioneer member authorized by Acts 1989, ch. 331, shall be appointed from the state at large.

(B) The governor, in making appointments of the auctioneer members to the commission, shall ensure that each grand division of the state is represented.

(c) All members of the commission shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.

(d) Each member shall hold over after the expiration of the member’s term until a successor shall have been duly appointed and qualified.

(e) The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty.

HISTORY: Acts 1967, ch. 335, § 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 29, § 1; T.C.A., § 62-1904; Acts 1983, ch. 250, § 4; 1988, ch. 1013, § 34; 1989, ch. 331, § 1.

Tenn. Code Ann. § 62-19-105  (2016)

62-19-105.  Certificates of appointment — Legal assistance — Prosecution of complaints. 

(a) Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office.

(b) The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter in connection with the affairs of the commission.

(c) The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of the state to enforce this chapter and collect the penalties provided in this chapter.

(d) Complaints shall be prosecuted in the name of the Tennessee auctioneer commission.

Tenn. Code Ann. § 62-19-106  (2016)

62-19-106.  Organization of commission — Rules — Seal — Records. 

(a) Immediately upon their qualification, the commission shall meet and organize by selecting from among its members a chair and other officers considered necessary and may do all things necessary and convenient for carrying into effect the provisions of this chapter.

(b) The commission has the power to make bylaws, rules and regulations that it considers necessary that are not inconsistent with the provisions of this chapter or other general laws of the state.

(c) The commission shall adopt a seal for its use, which shall bear the words “Tennessee Auctioneer Commission,” and the administrative director of the commission shall have care and custody of the seal.

(d) Copies of all records and papers in the office of the commission shall be received in evidence in all courts and with like effect as the originals.

(e)  (1) The commission has the authority to establish continuing education requirements and standards for individual licensees. The provisions of this subsection (e) shall apply only to those licensees who received their licenses after January 1, 1985.

(2) An auctioneer shall be exempt from continuing education requirements if:

(A) The auctioneer has reached sixty (60) years of age and has been licensed as an auctioneer for ten (10) years or longer; or

(B) The auctioneer has been licensed pursuant to this chapter since July 1, 1999.

(3) No apprentice shall be exempt from continuing education requirements.

HISTORY: Acts 1967, ch. 335, § 6; T.C.A., § 62-1906; Acts 1997, ch. 91, § 3; 1999, ch. 358, §§ 1, 2; 2016, ch. 726, § 1.

Tenn. Code Ann. § 62-19-107  (2016)

62-19-107.  Meetings of commission. 

 

Tenn. Code Ann. § 62-19-108  (2016)

62-19-108.  Liens for unpaid commissions and fees. 

(a) Notwithstanding § 62-19-119, any auctioneer who performs auctioneering services and is subsequently denied payment for a commission or fee for services performed shall have a lien for the work upon the property that the auctioneer was hired to auction; provided, however, that the lien shall only extend to property that is owned by the person who has denied payment for a commission or fee for services performed by the auctioneer.

(b) Notice of the lien shall be filed within sixty (60) days after the date of the auction with the register’s office in the county or counties in which the property is located. The lien shall not be effective against a bona fide purchaser for value.

(c) The lien shall continue for a period of ninety (90) days from the date of filing in the register’s office in the county or counties in which the property is located and until the final termination of any suit for enforcement brought within that period.

HISTORY: Acts 2007, ch. 192, § 1; 2008, ch. 615, § 1. (a) The commission shall meet at least one (1) time each quarter of every calendar year for the purpose of transacting business that may properly come before it.

(b) Special meetings of the commission shall be held at times that the commission may provide in the bylaws it may adopt.

(c) Three (3) members shall constitute a quorum at a commission meeting.

(d) Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide.

HISTORY: Acts 1967, ch. 335, § 7; T.C.A., § 62-1907; Acts 1983, ch. 250, § 5; 1997, ch. 91, § 4.

Tenn. Code Ann. § 62-19-109  (2016)

62-19-109.  Administrative director. 

The director of the division of regulatory boards in the department of commerce and insurance or the director’s designee shall serve as administrative director for the commission and shall provide all administrative functions for the commission.

HISTORY: Acts 1967, ch. 335, § 8; 1975, ch. 165, § 13; 1976, ch. 806, § 1(29); 1976, ch. 824, § 4; 1978, ch. 569, § 3; 1978, ch. 906, § 29; T.C.A., § 62-1909; Acts 1999, ch. 358, § 1.

Tenn. Code Ann. § 62-19-110  (2016)

62-19-110.  Register of applicants. 

(a) The administrative director of the commission shall keep a register of all applicants for license, showing for each the date of application, name, place of business, place of residence and whether the license was granted or refused.

(b) The register shall be prima facie evidence of all matters recorded in the register.

HISTORY: Acts 1967, ch. 335, § 11; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 62-1911; Acts 1983, ch. 250, § 7; 1986, ch. 915, § 2; 1990, ch. 1024, § 31; 1990, ch. 1026, § 23; 1995, ch. 60, § 1; 1999, ch. 358, §§ 1, 3.

Tenn. Code Ann. § 62-19-111  (2016)

62-19-111.  General licensing provisions. 

(a) Any individual who desires a license as an apprentice auctioneer shall submit an application to the commission on the prescribed form. The application shall be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that the applicant has:

(1) Reached at least eighteen (18) years of age; and

(2) Successfully completed eighty (80) hours of classroom instruction in the fundamentals of auctioneering at an auction school accredited by the commission.

(b) Any individual who desires a license as an auctioneer shall submit an application to the commission on the prescribed form. The application shall be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that the applicant has:

(1) Reached at least eighteen (18) years of age;

(2) Served as an apprentice auctioneer under the supervision of a licensed, full-time auctioneer for a period of two (2) years;

(3) Successfully completed, in addition to the education required by subdivision (a)(2), thirty (30) hours of more rigorous classroom instruction in an auctioneering-related subject approved by the commission; and

(4) Obtained a high school diploma or general equivalency diploma (GED(R)).

(c) The commission may require other proof, through the application or otherwise, that it deems desirable as to the honesty, trustworthiness, integrity, reputation and competency of the auctioneer or apprentice auctioneer applicant.

(d) Any person who meets the requirements of subsections (a)-(c) is entitled to an examination prescribed by the commission to determine the person’s qualifications. The examination shall include, but not be limited to, reading, writing, spelling, elementary arithmetic, elementary principles of land economics, ethics, the law of this state relating to bulk sales, auctions and brokerage and the provisions of this chapter. The examination for an auctioneer’s license shall be of more exacting nature and scope than the examination for an apprentice auctioneer’s license.

(e) Any applicant who fails an examination must pay a fee as set by the commission for each reexamination.

(f) The commission shall issue to a qualified applicant a license and pocket card upon receipt of the appropriate fee as set by the commission. The license shall be conspicuously displayed at all times in the office of the licensee.

(g) Except as provided in § 62-19-117(a), every auctioneer licensed under this chapter shall maintain a place of business in this state at a firm that has been duly licensed by the commission.

(h)  (1) A person who desires a license for a firm shall submit an application to the commission on the prescribed form. A firm license must be issued in the name of the firm with a specific person acting as principal and holder of a valid auctioneer’s license. The application shall be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that:

(A) The applicant has reached at least eighteen (18) years of age;

(B) The applicant, if not a holder of a principal auctioneer’s license, has completed thirty (30) hours of rigorous classroom instruction in an auctioneering-related subject approved by the commission; and

(C) The applicant has obtained a high school diploma or general equivalency diploma (GED(R)).

(2) The commission may require other proof, through the application or otherwise, that it deems desirable as to the honesty, trustworthiness, integrity, reputation and competency of the auctioneer or apprentice auctioneer applicant; and

(3) Any person who meets the requirements of subdivisions (h)(1) and (2) shall be entitled to an examination prescribed by the commission to determine the person’s qualifications. The examination shall include, but shall not be limited to, reading, writing, spelling, elementary arithmetic, elementary principles of land economics, ethics, the law of this state relating to bulk sales, auctions and brokerage and the provisions of this chapter.

(4) The examination for a firm license shall be of a more exacting nature and scope than the examination for an apprentice auctioneer’s license, except that a nonauctioneer applying for a firm license shall not be required to take the oral part of the auctioneer’s test consisting of actual bid calling.

(5) Any applicant who fails an examination must pay a fee as set by the commission for each reexamination.

(6) The commission shall issue to qualified applicants a license and pocket card upon receipt of the appropriate fee as set by the commission. The firm license shall be conspicuously displayed at all times in the office of the licensee.

(7) Any person currently holding a valid auctioneer firm license may renew the license by filing an application for renewal and paying the required fee before the expiration date of the firm license.

(8) If the applicant for a firm license maintains more than one (1) place of business within the state, the applicant shall apply for and obtain an additional firm license for each branch office.

(9) A firm license shall automatically be suspended if no licensed auctioneer is engaged in business in the firm. The license may be reinstated by the commission for the unexpired term upon proof that a duly licensed auctioneer has been affiliated with the firm.

(10) Any person in this state who for a fee is in the business of managing auctions to the extent the person is responsible for the advertising, consignments, promotion or distribution of funds must hold a valid firm license.

(11) All contracts for services to be performed by an auction firm, except an auto auction as defined in § 55-17-102, must be negotiated for and signed by an auctioneer who is a member of the firm or by the auctioneer’s attorney.

(i) All licenses issued by the commission shall expire two (2) years from the original date the license was issued. Each license must be renewed on or before its expiration date.

(j) If a licensee fails to renew a license on or before its expiration date, the commission may, in its discretion, renew the license upon application within two (2) months thereafter. The application shall be accompanied by the prescribed fee plus a penalty as set by the commission. Any person wishing to renew a license later than two (2) months after its expiration shall reapply for licensure; provided, that the commission may, in its discretion:

(1) Waive reexamination or additional education requirements for such an applicant; or

(2) Reinstate a license subject to the applicant’s compliance with reasonable conditions that the commission may prescribe, including payment of an additional reasonable fee to be set by the commission.

(k) When fees are remitted by mail to the commission, the date of payment shall be determined by the official postmark of the mail.

(l) When an apprentice auctioneer’s employment with an auctioneer is terminated for any reason, the auctioneer shall immediately deliver or send by registered mail the apprentice auctioneer’s license to the commission. The apprentice auctioneer shall not engage in any activity defined in § 62-19-101(3) until the apprentice auctioneer receives a new license and pocket card for the unexpired term, bearing the name and address of the new employer. The fee for the new license and pocket card shall be set by the commission.

(m) No more than one (1) license shall be issued to any apprentice auctioneer to be in effect at any one time.

(n) No license issued by the commission shall authorize the licensee to engage in business at any location other than that set forth on the license. A licensee shall immediately notify the commission in writing in the event of a change of business location. The written notice shall be accompanied by the current license and pocket card and a fee as set by the commission.

(o) Notwithstanding subdivision (b)(2), any individual who otherwise would qualify for the auctioneer’s examination by January 1, 1984, need complete only one (1) year of apprenticeship in order to be eligible for the examination.

(p) Auctions for the sale of registered livestock must be conducted by a licensed auctioneer. The auctioneer shall be exempt from the responsibilities of issuing closing statements and disbursing funds if the responsibilities are performed by a duly chartered livestock association or livestock breed association.

(q) An apprentice auctioneer may be employed by a licensed auctioneer who is not designated as the apprentice’s sponsor upon receiving written permission from the apprentice’s sponsor and notifying the commission of the employment in the proper form and manner as prescribed by the rules of the commission. An auctioneer employing an apprentice who is not under that auctioneer’s sponsorship shall be responsible for the actions of the apprentice while under that auctioneer’s employment, and the sponsor shall be responsible for the actions of the apprentice at all other times.

(r) The commission may deny any applicant for an apprentice, auctioneer or firm license the right to take an examination for a period up to two (2) years if the applicant is found by the commission to have conducted business within this state as an apprentice auctioneer, auctioneer or firm owner without first having been properly licensed.

(s) Any individual who desires a license as public automobile auctioneer shall submit an application to the commission on the prescribed form. The application shall be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that the applicant has:

(1) Reached at least twenty-one (21) years of age;

(2) Served as an auctioneer for a period of two (2) years; and

(3) Successfully completed, in addition to the education required by subdivision (a)(2), thirty (30) hours of more rigorous classroom instruction in automobile auctioneering approved by the commission.

HISTORY: Acts 1967, ch. 335, § 12; 1971, ch. 161, § 2; 1971, ch. 218, § 1; 1976, ch. 824, § 5; 1978, ch. 569, §§ 4, 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 416, §§ 6, 7; T.C.A., § 62-1912; Acts 1983, ch. 250, § 8; 1986, ch. 915, § 3; 1989, ch. 360, § 10; 1989, ch. 523, §§ 158-165; 1990, ch. 1026, § 42; 1991, ch. 485, §§ 1-3; 1997, ch. 91, §§ 1, 2, 5; 1999, ch. 358, §§ 4-6; 2008, ch. 724, § 3.

Tenn. Code Ann. § 62-19-112  (2016)

62-19-112.  Denial, revocation or suspension of license by commission — Retirement of license. 

(a) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, hold a hearing as provided in this chapter and investigate the actions of any auctioneer, apprentice auctioneer or any person who assumes to act in either capacity; provided, that the complaint with the evidence, documentary or otherwise, presented in connection with the complaint, makes out a prima facie case.

(b) The commission may suspend, revoke or refuse to renew any license issued under this chapter where the license has been obtained by false or fraudulent representations or for any of the following causes:

(1) Making any substantial misrepresentation;

(2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise;

(3) Accepting valuable consideration as an apprentice auctioneer for the performance of any of the acts specified in this chapter, from any person, except the licensee’s employer auctioneer;

(4) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee’s possession, commingling funds of others with the licensee’s own or failing to keep the funds of others in an escrow or trustee account; provided, however, that nothing in this section shall be construed to require an auto auction as defined in § 55-17-102(2)(A) to maintain or use an escrow account when the auction does not accept and deposit funds of others;

(5) Paying valuable consideration to any person for services performed in violation of this chapter;

(6) Being convicted in a court of competent jurisdiction of this or any other state, or of the United States, of a criminal offense involving moral turpitude or a felony;

(7) Violating any provision of this chapter, or any rule or regulation duly promulgated under this chapter;

(8) Failing to furnish voluntarily to all interested parties, at the time of execution, copies of all written instruments prepared by the auctioneer or apprentice auctioneer;

(9) Failing prior to the sale at public auction to enter into a written contract with the owner or consignee of any property to be sold, containing the terms and conditions upon which the licensee receives the property for sale;

(10) Engaging in the business of auctioning real property without being duly licensed as a broker or affiliate broker under the provisions of the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title;

(11) Knowingly using false bidders, cappers or pullers;

(12) Any conduct of any auctioneer that demonstrates improper, fraudulent, incompetent or dishonest dealings; or

(13) Violating title 55, chapter 17, or any rule duly promulgated under title 55, chapter 17, pertaining to the sale or auction of motor vehicles.

(c) The affirmative vote of a majority of the commission shall be necessary to revoke or suspend a license.

(d) An auctioneer or apprentice auctioneer may retire the auctioneer’s or apprentice auctioneer’s license by making such request in writing and paying the appropriate fees set by the commission. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commission of any change in address. Only licenses that are current and in good standing with the commission may be retired.

HISTORY: Acts 1967, ch. 335, §§ 13, 14; 1976, ch. 824, § 6; 1980, ch. 451, §§ 6, 7; 1980, ch. 716, §§ 1, 2; T.C.A., §§ 62-1913, 62-1914; Acts 1983, ch. 250, §§ 9-11; 1986, ch. 915, §§ 4, 5; 1989, ch. 171, § 1; 1991, ch. 359, § 1; 1999, ch. 358, § 7; 2003, ch. 159, § 2.

Tenn. Code Ann. § 62-19-113  (2016)

62-19-113.  Immunity of commissioners. 

The commission is declared to be a quasi-judicial body and the members or the employees of the commission are granted immunity from civil liability when acting in good faith and in the performance of their duties as described in this chapter.

HISTORY: Acts 1967, ch. 335, § 14; 1980, ch. 451, § 7; T.C.A., § 62-1914.

Tenn. Code Ann. § 62-19-114  (2016)

62-19-114.  Judicial revocation of license. 

Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in the case, if it deems it a proper case in which so to do, revoke the defendant’s license, which shall not be reissued to the licensee except upon unanimous vote of all members of the commission in favor of reissuance and only then after the lapse of a period of ninety (90) days from the date of revocation.

HISTORY: Acts 1967, ch. 335, § 15; T.C.A., § 62-1915; Acts 1983, ch. 250, § 12.

Tenn. Code Ann. § 62-19-115  (2016)

62-19-115.  Rights and duties of licensee. 

Any auctioneer licensed under this chapter may conduct auctions at any time or place in this state. The licensee shall, upon request, furnish to the chief of police or sheriff of the city or county where the auction is to be held a list of properties to be sold twenty-four (24) hours prior to the auction.

HISTORY: Acts 1967, ch. 335, § 16; T.C.A., § 62-1916; Acts 1983, ch. 250, § 13; 1987, ch. 62, § 1.

Tenn. Code Ann. § 62-19-116  (2016)

62-19-116.  Auctioneer education and recovery account. 

(a) There is established within the general fund an auctioneer education and recovery account, referred to as the “account” in this section. All funds received by the commission under this section shall be deposited into the account and held solely for the purposes of this section. The commission shall maintain a minimum balance of one hundred fifty thousand dollars ($150,000) in the account.

(b) Moneys within the account shall be invested by the state treasurer in accordance with § 9-4-603 for the sole benefit of the account.

(c)  (1) No new auctioneer, apprentice auctioneer or firm license shall be issued unless the applicant pays, in addition to the license fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for deposit into the account.

(2) No renewal auctioneer, apprentice auctioneer or firm license shall be issued unless the applicant pays, in addition to the renewal fee, a fee of fifty dollars ($50.00) or a lesser amount that the commission may by rule establish for the purpose of ensuring that the required minimum balance is maintained in the account.

(d) Any person may, by order of any court of competent jurisdiction, recover from the account actual or compensatory damages, not including interest and costs, resulting from any violation of this chapter or of any rule promulgated under this chapter, committed by a licensee on or after June 30, 1987; provided, that:

(1) The liability of the account shall not exceed ten thousand dollars ($10,000) per transaction, regardless of the number of persons aggrieved;

(2) The liability of the account for the acts of a licensee, when acting as such, shall be terminated upon the issuance of court orders authorizing payments from the account for judgments, or any unsatisfied portion of judgments, in an aggregate amount of twenty thousand dollars ($20,000) on behalf of the licensee;

(3) A licensee acting as such shall have no claim against the account; and

(4) A bonding company not involved in an auction shall have no claim against the account.

(e) When any aggrieved person commences an action for a judgment that may result in collection from the account, the person shall promptly notify the commission to this effect in writing by certified mail, return receipt requested. The commission may, subject to the approval of the attorney general and reporter, take any action it may deem appropriate to protect the integrity of the account.

(f) When any aggrieved person obtains a valid judgment respecting which recourse against the account is permitted under this section and all or any part of the judgment is unpaid sixty (60) days after the date of the judgment, the person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, apply to the court in which the judgment was entered for an order directing payment from the account of the amount unpaid upon the judgment. Upon determination of the court that the judgment or any part of the judgment is unpaid, the court shall enter an order directing the commission to make payment from the account to satisfy the judgment.

(g) If the commission, pursuant to a court order, pays any amount from the account on behalf of a licensed auctioneer or apprentice auctioneer, the commission may, in its discretion, suspend or revoke the license of the auctioneer or apprentice auctioneer. No auctioneer or apprentice auctioneer whose license is revoked under this subsection (g) shall be eligible to apply for a new license until the person has repaid in full the amount paid from the account on the person’s behalf, plus interest at the effective earnings rate for the account for the period the claim is unpaid.

(h) When, upon the order of the court, the commission has paid from the account any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor in the judgment. Any amount recovered by the commission on the judgment shall be deposited to the account. If the total amount collected on the judgment by the commission exceeds the amount paid from the account to the original judgment creditor, plus interest and the cost of collection, the commission may elect to pay the overage or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the account to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission in attempting to collect judgments shall be paid from the account.

(i) If, at any time, the money deposited in the account is insufficient to satisfy any duly authorized claim or portion of the claim, the commission shall, when sufficient money has been deposited in the account, satisfy the unpaid claims or portions of the claim in the order that they were originally filed, plus interest at the effective earnings rate for the account for the period the claim is unpaid.

(j) The failure of an aggrieved person to comply with this section constitutes a waiver of any rights under this section.

(k) It is unlawful for any person to file or cause to be filed with the commission any notice, statement or other document required under this section that is false or contains any material misstatement of fact.

(l)  (1) The commission may, in its discretion, utilize any return on investment of funds in the account and any balance in the account over one hundred fifty thousand dollars ($150,000) to:

(A) Sponsor, conduct or assist in conducting, education, training or research designed to improve the competence, effectiveness or professionalism of licensees, the members of the commission or its staff;

(B) Prepare and disseminate information for the benefit of licensees and the general public; and

(C) Employ an investigator to assist the commission. The investigator shall carry an identification badge issued by the department of commerce and insurance and has the authority to make investigations concerning the enforcement of the laws, rules and policies promulgated under this chapter. The investigator shall have the authority to stop any auction activity that is being promoted, managed or supervised by unlicensed individuals in violation of this chapter.

(2) The commission shall not expend or commit sums pursuant to subdivision (l)(1) in an amount that would reduce the account to a balance of less than one hundred fifty thousand dollars ($150,000).

(m) No state funds shall be expended to effectuate this section other than the fees and charges set forth in this section.

HISTORY: Acts 1967, ch. 335, § 17; 1976, ch. 824, § 7; 1978, ch. 569, §§ 6, 7; T.C.A., § 62-1917; Acts 1983, ch. 250, § 14; 1987, ch. 62, § 2; 1997, ch. 62, §§ 1, 2; 1999, ch. 358, § 8.

Tenn. Code Ann. § 62-19-117  (2016)

62-19-117.  Reciprocity — Service of process on nonresidents. 

(a) A nonresident of this state may become an auctioneer or apprentice auctioneer in this state by conforming to this chapter, except that a nonresident auctioneer or apprentice auctioneer regularly engaged in the auction business as a vocation and maintaining a definite place of business in some other state is not required to maintain a place of business in this state.

(b)  (1) The commission may recognize a license issued by any other state to a nonresident auctioneer or apprentice auctioneer if the nonresident auctioneer or apprentice auctioneer is domiciled in the other state that issued the license, the other state reciprocates with this state in like manner and the licensure requirements of the other state include the passing of an examination of equal or higher standards than those required by this state.

(2) The nonresident shall, however, be required to secure a license from the commission, which shall be issued upon application for the license, accompanied by the license fee required by this chapter and the filing of a certified copy of the applicant’s license issued by the other state.

(c) Every nonresident auctioneer shall obtain a firm license as provided in § 62-19-111 and shall maintain an escrow account for all funds belonging to others that come into the nonresident auctioneer’s possession as a result of an auction sale in this state.

(d) Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in the county in this state in which a cause of action may arise, in which the plaintiff may reside, by service of any process or pleadings authorized by laws of this state on the commission, or a deputy to be designated by it, the consent stipulating and agreeing that the service of process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon the applicant in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the seal of the corporation.

(e)  (1) In case of any process or pleadings mentioned in this chapter being served upon the commission or upon a deputy to be designated by it, duplicate copies shall be made, one (1) of which shall be filed in the office of the administrative director of the commission and the other immediately forwarded by registered mail to the main office of the applicant against which the process or pleadings are directed.

(2) No default in the proceedings or action shall be taken unless it is made to appear by affidavit of a member of the commission or a deputy designated by it that a copy of the process or pleadings was mailed to defendant as required by this subsection (e).

(3) No judgment by default shall be taken in any such action or proceedings within twenty (20) days after the date of the mailing of the process or pleadings to the nonresident defendant.

(f) The Tennessee auctioneer commission has the authority to impose any fee or licensing requirements on applicants for licenses from a reciprocal state that the reciprocal state imposes on Tennessee licensees by rule, regulation, policy or law.

HISTORY: Acts 1967, ch. 335, § 18; 1976, ch. 824, § 8; T.C.A., § 62-1918; Acts 1983, ch. 250, § 15; 1987, ch. 62, § 3; 1990, ch. 1026, § 4; 1995, ch. 61, § 1; 1997, ch. 91, § 6; 1999, ch. 358, § 1.

Tenn. Code Ann. § 62-19-118  (2016)

62-19-118.  Business location — Sign. 

(a) Every person licensed under this chapter shall maintain a definite place of business in this state, except as provided in § 62-19-117 as to nonresidents, and shall erect and maintain a sign in a conspicuous place on the premises at or near the outside entrance to the principal office and all branch offices.

(b)  (1) The sign shall be written in clear and legible letters of no less than two inches (2”) in height and shall clearly show the person’s name and indicate that the person is an auctioneer or show the firm name and indicate that the firm is in the auction business.

(2) The sign shall be placed so that it can easily be observed and read by anyone entering the place of business; however, licensees maintaining a place of business in multistory office buildings shall be deemed to comply with this section if their names and professions are displayed on the directories of the building in the usual fashion and manner of other tenants located in the building.

(c)  (1) The commission may waive the requirements of subsections (a) and (b) in the event of a conflict with local ordinances or other unusual circumstances.

(2) The commission has the authority to promulgate rules with regard to advertising auctions in this state.

HISTORY: Acts 1967, ch. 335, § 19; 1976, ch. 824, § 9; T.C.A., § 62-1919; Acts 1983, ch. 250, §§ 16, 17; 1999, ch. 358, § 9.

 

Tenn. Code Ann. § 62-19-119  (2016)

62-19-119.  Actions for the collection of compensation. 

(a) No person engaged in the business of or acting in the capacity of an auctioneer or an apprentice auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or apprentice auctioneer without first alleging and proving that the person was a duly licensed auctioneer or apprentice auctioneer at the time the alleged cause of action arose.

(b) No apprentice auctioneer shall have the right to institute a suit in the apprentice auctioneer’s own name for the recovery of a commission, fee or compensation for services as an apprentice auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the apprentice auctioneer.

(c) Nothing contained in this section shall be construed so as to prevent a licensed apprentice auctioneer from suing the apprentice auctioneer’s employing auctioneer for any compensation, fees or commissions due the apprentice auctioneer from the auctioneer.

HISTORY: Acts 1967, ch. 335, § 20; T.C.A., § 62-1920.

Tenn. Code Ann. § 62-19-120  (2016)

62-19-120.  Effect of revocation of auctioneer’s license on apprentice auctioneers. 

The license of an apprentice auctioneer shall be automatically suspended upon the revocation or suspension of the license of the auctioneer by whom the apprentice auctioneer is employed. The apprentice auctioneer may retain the apprentice auctioneer’s license by transferring to the employment of another licensed auctioneer within twenty-one (21) days of the effective date of the revocation or suspension.

HISTORY: Acts 1967, ch. 335, § 21; T.C.A., § 62-1921; Acts 1983, ch. 250, § 18.

Tenn. Code Ann. § 62-19-121  (2016)

62-19-121.  Penalties. 

A violation of this chapter or any rule or regulation of the commission is a Class C misdemeanor.

HISTORY: Acts 1967, ch. 335, § 22; 1976, ch. 824, § 10; 1978, ch. 569, § 8; T.C.A., § 62-1922; Acts 1989, ch. 591, § 113.

Tenn. Code Ann. § 62-19-122  (2016)

62-19-122.  [Repealed.]

 

Tenn. Code Ann. § 62-19-123  (2016)

62-19-123.  Hearings and judicial review. 

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.

HISTORY: Acts 1980, ch. 451, § 11; T.C.A., § 62-1924.

Tenn. Code Ann. § 62-19-124  (2016)

62-19-124.  Court costs and attorney’s fees in collection actions. 

Any judgment obtained by a licensed auctioneer as the result of an action in the courts of this state for the collection of the sales price for goods or real estate sold by a licensed auctioneer or apprentice auctioneer may include an award for court costs and reasonable attorney’s fees.

Tenn. Code Ann. § 62-19-125  (2016)

62-19-125.  Gallery license. 

(a) Any person who desires to own and operate an auction house, auction barn, auction gallery or any other type of auction operating at a fixed site for the purpose of selling consigned or purchased goods at a fixed location is required to first obtain a gallery license. If the gallery license holder operates more than one (1) auction, the licensee shall be required to obtain a branch license for each permanent location and pay the appropriate fees. If the auction house, auction barn or auction gallery is owned and operated by a licensed auctioneer holding a valid firm license, no further license shall be required.

(b) A gallery license holder may sign consignment agreements, issue closing statements and collect and disperse funds. The licensee must hire a licensed auctioneer to call bids at all auctions. The gallery license holder is responsible for all auction activities that take place on the auction site and may not conduct auctions off the designated site. A gallery license does not give the license holder the right to call bids or act as an auctioneer at any time.

(c) The person who desires to obtain a gallery license shall submit an application to the commission on the prescribed form. A person who desires to obtain a gallery license for a firm shall request issuance of the license in the name of the firm with a specific person acting as principal. The application shall demonstrate satisfactory proof that the person has:

(1) Reached eighteen (18) years of age;

(2) Successfully completed at least thirty (30) hours of classroom education approved by the commission; and

(3) Provided other information as the commission may require to demonstrate honesty, trustworthiness, integrity, reputation and competency.

(d) Upon approval of the application by the commission, the applicant must take and successfully pass an examination prescribed by the commission. All examination fees are set by the commission.

(e) Applicants completing the requirements of this section shall be issued a license certificate and a pocket card. The license certificate shall be displayed in a conspicuous place where it can be examined by the public.

(f) The gallery license holder must comply with all of the requirements of Tennessee license laws and regulations that apply to all licensees.

HISTORY: Acts 1999, ch. 358, § 10

Tenn. Code Ann. § 62-19-126  (2016)

62-19-126.  Citations for violations. 

(a)  (1) The administrative director and the investigator, acting on behalf of the commission, are authorized to issue citations against persons acting in the capacity of engaging in the auction business without a license in violation of this chapter.

(2) Each citation shall be in writing and shall describe with specificity the basis of each citation.

(3) Each citation shall contain an order to cease all violations of this chapter and an assessment of a civil penalty in an amount of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500) for each violation.

(b) The commission shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this chapter.

(c) Service of a citation issued pursuant to this section may be made in person or by certified mail at the last known business address or residence address of the person cited.

(d) A citation issued pursuant to this section shall be issued by the administrative director or investigator within one (1) year after the act or omission that is the basis for the citation.

(e) Any person served with a citation pursuant to this section may appeal to the administrative director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order or amount of civil penalty assessed.

(f) If a person cited timely notifies the administrative director that the person intends to contest the citation, the administrative director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(g) After all administrative appeals have been exhausted, the administrative director may apply to the appropriate court for judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of this chapter. The motion for the order, which shall include a certified copy of the final order of the hearing officer or administrative judge, shall constitute a sufficient showing to warrant the issuance of judgment and order.

(h) The commission may waive any or all of a civil penalty by stating the reasons for the waiver in the official minutes of the commission.

HISTORY: Acts 1999, ch. 358, § 11.

Tenn. Code Ann. § 62-19-127  (2016)

62-19-127.  Commission’s power to petition for judicial jurisdiction. 

In addition to the powers and duties otherwise conferred upon the commission in this chapter, the commission is empowered to petition directly any circuit or chancery court having jurisdiction over any person in this state who is violating any of the provisions of this chapter, either with or without a license under this chapter, to enjoin the person from continuing the violation; and jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such causes.

HISTORY: Acts 1999, ch. 358, § 12.

Tenn. Code Ann. § 62-19-128  (2016)

62-19-128.  Licensed public automobile auctions — Minimum requirements. 

(a) Public automobile auctions shall be licensed and regulated by the Tennessee auctioneer commission and the Tennessee motor vehicle commission when engaged in the sale of motor vehicles.

(b) The following are minimum requirements for licensed public automobile auctions:

(1) The public automobile auction shall have a letter of compliance with local ordinances from the local zoning authority;

(2) The public automobile auction shall have garagekeeper’s legal liability insurance in an amount not less than five hundred thousand dollars ($500,000);

(3) The public automobile auction shall have a surety bond of fifty thousand dollars ($50,000) issued by a licensed bonding company;

(4) The public automobile auction shall have a compiled financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application and shall furnish a copy of the financial statement to the commission along with any changes to the statement;

(5) The public automobile auction shall have a minimum net worth of at least one hundred thousand dollars ($100,000);

(6) The public automobile auction shall have a business telephone in the auction company name. For purposes of this subdivision (b)(6), cellular telephones are not acceptable;

(7) All signs shall be visible, and a permanent professional business sign shall be installed and have letters that are at least eight inches (8”) tall;

(8) The public automobile auction shall hold a current business tax license as required by local applicable law;

(9) The public automobile auctioneer shall obtain and have displayed on its premises a valid motor vehicle dealer license from the Tennessee motor vehicle commission; and

(10) The public automobile auction shall obtain and have displayed on its premises a valid license from the Tennessee auctioneer commission.

(c) Prior to a motor vehicle being subject to a public automobile auction, the public automobile auctioneer shall verify that the motor vehicle has a clean and unencumbered title, by obtaining a valid motor vehicle title history from the department of revenue or if the motor vehicle is registered in a state other than this state, the appropriate titling agency in the other state.

(d) All public automobile auctions must take place at the established place of business listed on the motor vehicle dealer license.

(e) The public automobile auction shall not sell new or unused motor vehicles or vehicles with a manufacturer’s statement of origin.

(f) The public automobile auctioneer shall take possession of and retain title to each motor vehicle offered for sale at the auction. If the sale is finalized on a motor vehicle, the owner of the vehicle shall sign the title over to the public automobile auctioneer, who shall then sign the title over to and deliver the title to the buyer on the date of the sale. If a sale of the vehicle is not made, then the unsigned title shall be returned to the owner of the vehicle who offered the vehicle for sale at the auction. At all times, the public automobile auction shall be deemed the seller of the motor vehicle with the same duties and responsibilities as other licensed motor vehicle dealers.

HISTORY: Acts 2008, ch. 724, § 4.

ADMINISTRATIVE RULES

THE TENNESSEE AUCTIONEER COMMISSION CHAPTER

0160-01 REGULATIONS OF AUCTIONEERS TABLE OF CONTENTS

0160-01-.01 Duties of Auctioneer

0160-01-.15 Nonresident Auctioneer

0160-01-.02 Unlawful Rebates

0160-01-.16 Non-Auctioneer Firm License Application

0160-01-.03 Repealed 0160-01-.17 Charity Auction Exemption

0160-01-.04 Repealed 0160-01-.18 Electronic Media Auction License Requirement

0160-01-.05 Publication of Name 0160-01-.19 Types of Auctions Defined

0160-01-.06 Dates of Examinations

0160-01-.20 Advertising Guidelines

0160-01-.07 Repealed

0160-01-.21 Disclosure of Buyer’s Premium 0160-01-.08 Repealed

0160-01-.22 Late Renewal of License

0160-01-.09 Assistants

0160-01-.23 Retirement of License

0160-01-.10 Auction Schools

0160-01-.24 Notification of Change of Information

0160-01-.11 Civil Penalties

0160-01-.25 Public Automobile Auction and Public

0160-01-.12 Apprentices – Sponsors- Supervision Automobile Auctioneer License

0160-01-.13 Repealed

0160-01-.14 Fees

0160-01-.01 DUTIES OF AUCTIONEER. The Auctioneer shall be responsible for the advertising and management of the sale and account for all proceeds therefrom and shall, over his signature, issue a closing statement to the seller or sellers. Authority: T.CA. §62-1906. Administrative History: Original rule certified June 7, 1974.

 0160-01-.02 UNLAWFUL REBATES. It shall be unlawful for any person licensed under the provision of this act to rebate any part of his commission to any person or persons not holding real estate license or apprentice auctioneer license or auctioneer license. Authority: T.C.A. §62-1906. Administrative History: Original rule certified June 7, 1974.

0160-01-.03 REPEALED. Authority: T.C.A. §62-1906. Administrative History: Original rule certified June 7, 1974. Repeal filed August 18, 1976; effective September 17, 1976.

0160-01-.04 REPEALED. Authority: T.C.A. §62-1906. Administrative History: Original rule certified June 7,1974. Repealed by Public Chapter 261; effective July 1, 1983.

0160-01-.05 PUBLICATION OF NAME. (1) All advertising of an auction sale must be made in the name of the licensee who shall bear responsibility of the sale to the seller, general public and auctioneer commission. (2) All advertising of an auction sale by an auction firm not owned by a licensed auctioneer shall include the name of its sponsoring auctioneer, and the auctioneer shall attend all auction sales. REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.05, continued) December, 2008 (Revised) 2 Authority: T.C.A. §62-19-106. Administrative History: Original rule certified June 7, 1974. Amendment filed August 18, 1976; effective September 17, 1976. Amendment filed March 15, 1993; effective April 29, 1993.

0160-01-.06 DATES OF EXAMINATIONS. (1) The Commission shall, in conjunction with the current contractor, administer the examination on the dates provided by the contractor five (5) days per week excluding holidays. Provided, however, that no examination shall be administered to an applicant who lacks more than ninety (90) days completing the two (2) year apprenticeship. Authority: T.C.A. 62-19-106(b) and (e). Administrative History: Original rule certified June 7,1974. Amendment filed August 18, 1976; effective September 17, 1976. Amendment filed March 1, 1978; effective March 31, 1978. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Repeal and new rule filed October 15, 2008; effective December 29, 2008.

0160-01-.07 REPEALED. Authority: T.C.A. §§61-1906 and 62-19-106. Administrative History: Original rule certified June 7, 1974. Repeal filed February 28, 2001; effective May 14, 2001.

0160-01-.08 REPEALED. Authority: T.C.A. §61-1906 and 62-19-106(b). Administrative History: Original rule certified June 7, 1974. Repeal filed January 30, 2008; effective April 14, 2008.

0160-01-.09 ASSISTANTS. Any person acting as ringman, or bid spotter, at personal property sales, such as cattle sales, auction houses, auto sales, and real estate sales shall not be required to be licensed under this act and shall be directly responsible to the auctioneer in charge. The principal auctioneer shall be responsible for that person’s conduct and representation. Authority: T.C.A. §§62-19-102 and 61-19-106(b). Administrative History: Original rule certified June 7, 1974. Repeal and new rule filed January 30, 2008; effective April 14, 2008.

0160-01-.10 AUCTION SCHOOLS. (1) In order to be approved by the Auctioneer Commission (for the purpose of providing instruction required by T.C.A. § 62-19-111 for an apprentice, auctioneer, or firm license), an auction school must: (a) execute an application on the form prescribed by the Commission, accompanied by a description of the school’s curriculum; (b) have a permanent business location; (c) conduct a minimum of eighty (80) hours of instruction, including at least forty (40) hours under the supervision of a licensed auctioneer with at least five (5) years of experience; (d) for applicants applying for an upgrade from apprentice to auctioneer, conduct a minimum of thirty (30) hours of instruction, including at least fifteen (15) hours of instruction given by a licensed auctioneer with at least five (5) years of experience; (e) maintain a pass/fail grading system, with a supplementary “good/fair/poor” designation; REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.10, continued) December, 2008 (Revised) 3 (f) provide instruction in public speaking, bid calling, sales management, advertisements, contracts, closing statements, license law, the Uniform Commercial Code, bulk sales and firearms; (g) demonstrate every two (2) years that it has met the requirements of the Tennessee Higher Education Commission (or the equivalent thereof in another state). (2) In order to be approved by the Auctioneer Commission (for the purpose of providing instruction required by T.C.A. § 62-19-111 for an automobile auctioneer license), an auction school must: (a) execute an application on the form prescribed by the Commission, accompanied by a description of the school’s curriculum; (b) have a permanent business location; (c) conduct a minimum of thirty (30) hours of rigorous classroom instruction in automobile auctioneering including instruction in ethics of automobile auctions, registration and licensing of motor vehicles, transfers of title and registration, and rules and statutes relating to public automobile auctions. (d) demonstrate every two (2) years that it has met the requirements of the Tennessee Higher Education Commission (or the equivalent thereof in another state). Authority: T.C.A. §§62-19-106(b), 62-19-111(b) and (d) and Public Chapter 724 of the Public Acts of 2008 §§ 3 and 8. Administrative History: Original rule filed May 12, 1982; effective June 28, 1982. Amendment filed November 23, 1988; effective January 7, 1989. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Repeal and new rule filed October 15, 2008; effective December 29, 2008.

0160-01-.11 CIVIL PENALTIES. (1) With respect to any person required to be licensed by the Commission, the Commission may assess a civil penalty against such person in accordance with the following schedule: Violation Penalty T.C.A. § 62-19-102(a)(1) 0 – $1,000 T.C.A. § 62-19-102(a)(2) 0 – $1,000 T.C.A. § 62-19-102(a)(3) 0 – $1,000 T.C.A. § 62-19-102(b) 0 – $1,000 T.C.A. § 62-19-112(b)(1) 0 – $1,000 T.C.A. § 62-19-112(b)(2) 0 – $1,000 T.C.A. § 62-19-112(b)(3) 0 – $1,000 T.C.A. § 62-19-112(b)(4) 0 – $1,000 T.C.A. § 62-19-112(b)(5) 0 – $1,000 T.C.A. § 62-19-112(b)(6) 0 – $1,000 T.C.A. § 62-19-112(b)(7) 0 – $1,000 T.C.A. § 62-19-112(b)(8) 0 – $1,000 T.C.A. § 62-19-112(b)(9) 0 – $1,000 T.C.A. § 62-19-112(b)(10) 0 – $1,000 T.C.A. § 62-19-112(b)(11) 0 – $1,000 T.C.A. § 62-19-112(b)(12) 0 – $1,000 T.C.A. § 62-19-112(b)(13) 0 – $1,000 T.C.A. § 62-19-128(b) 0 – $1,000 T.C.A. § 62-19-128(c) 0 – $1,000 T.C.A. § 62-19-128(d) 0 – $1,000 REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.11, continued) December, 2008 (Revised) 4 T.C.A. § 62-19-128(e) 0 – $1,000 T.C.A. § 62-19-128(f) 0 – $1,000 (2) The Commission’s administrative director and investigator, acting on behalf of the Commission, may issue citations to unlicensed individuals or entities in accordance with T.C.A. § 62-19-126 and the following schedule: Violation Penalty T.C.A. § 62-19-102 (a) (1) $50-$2,500 T.C.A. § 62-19-102 (a) (2) $50-$2,500 T.C.A. § 62-19-102 (b) $50-$2,500 T.C.A. § 62-19-125 (a) $50-$2,500 (3) In determining the amount of any penalty to be assessed pursuant to this rule, the Commission may consider such factors as the following: (a) Whether the amount imposed will be a substantial economic deterrent to the violator; (b) The circumstances leading to the violation; (c) The severity of the violation and the risk of harm to the public; (d) The economic benefits gained by the violator as a result of non-compliance; and (e) The interest of the public. Authority: T.C.A. §§56-1-308, 62-19-106, 62-19-106(b), 62-19-116, 62-19-126, Public Acts of 1989 Chapter 389, Section 1 and Chapter 724 of the Public Acts of 2008, § 8. Administrative History: Original rule filed August 26, 1986; effective November 29, 1986. Amendment filed February 16, 1990; effective April 2, 1990. Amendment filed February 28, 2001; effective May 14, 2001. Amendment filed October 15, 2008; effective December 29, 2008.

0160-01-.12 APPRENTICES – SPONSORS – SUPERVISION. (1) In order to be permitted to sponsor an apprentice auctioneer, an auctioneer must have been licensed for at least two (2) years and be in good standing with the Commission. (2) Any apprentice auctioneer so sponsored shall be under the direct supervision of his/her sponsor or under the direct supervision of his/her non-sponsoring employer auctioneer if acting pursuant to paragraph (8). (3) The number of apprentice auctioneers that an auctioneer may sponsor at any one time shall be limited to three (4) A sponsoring auctioneer is to be responsible and accountable for the auctioneering activities of any apprentice auctioneer associated with such auctioneer. (5) All sponsoring auctioneers shall reside in the same state as his/her apprentice auctioneer(s). However, in appropriate cases, upon good cause being shown, the Commission may waive this rule. (6) Any legal document relative to conducting, or offering to conduct, any auction shall be executed by an auctioneer, or by an apprentice auctioneer with the approval of his/her sponsor so noted on the document. REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.12, continued) December, 2008 (Revised) 5 (7) Any advertisement placed by an apprentice auctioneer must clearly and conspicuously identify the apprentice auctioneer as such, contain his/her license number, and the name and license number of his/her sponsor’s firm. (8) An apprentice auctioneer may be employed by a licensed auctioneer who is not designated as the apprentice’s sponsor if the following terms and conditions are met: (a) The apprentice auctioneer must first notify the commission of such employment on a form approved by the Commission. The form shall include the written permission of the apprentice’s sponsor and shall contain the notarized signatures of the apprentice auctioneer, the sponsoring auctioneer and the non-sponsoring employer auctioneer; (b) The non-sponsoring employer auctioneer must be currently licensed as an auctioneer in the State of Tennessee and must be in good standing with the Commission; (c) All non-sponsoring employer auctioneers shall reside in the same state as the apprentice auctioneer(s). However, in appropriate cases, upon good cause being shown, the Commission may waive this rule; and (d) Any violation of this rule shall subject the apprentice auctioneer, the sponsoring auctioneer and/or the nonsponsoring employer auctioneer to disciplinary action by the Commission. (9) An apprentice: (a) may not execute a contract to conduct an auction without the approval of his/her sponsor noted on the document, but he/she may sign a contract in order to indicate he/she procured the client and the auction. (b) may not sign a closing statement or have an escrow or trust account in his/her name as a depository for auction proceeds, but he/she may take part in the closing and settlement proceedings of an auction. An apprentice’s sponsoring auctioneer is responsible for keeping the account of and dispersing money received at an auction. (c) may not call bids at an auction without the presence of his/her sponsor. An apprentice’s sponsor is responsible for all auctioning activities of the apprentice and must be physically present to monitor those activities. (10) An apprentice shall provide the Tennessee Auctioneer Commission with sufficient proof that he/she has been active during his/her apprenticeship. Each apprentice shall use a log as a means to keep track of his/her experience during the two (2) year apprenticeship period. The log shall be completed and submitted with his/her application for an auctioneer license, at the conclusion of the apprenticeship. (a) Points. An auction is divided into eight (8) parts. Each part has a point value assigned to it. Performance of any of the activities listed on the Point System Chart earns the apprentice the corresponding points. The details of these activities and their point values shall be included in an apprentice’s log. During the two (2) year apprenticeship period, an apprentice shall obtain a minimum of 1,000 points in order to be eligible for an auctioneer license. This is the substantial equivalent of working five (5) auctions from beginning to end. (b) Sponsor’s Signature. A sponsoring auctioneer shall acknowledge each auction activity recorded in his/her apprentice’s log, by signing and dating in the appropriate space after each entry of activity. REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.12, continued) December, 2008 (Revised) 6 (c) Accumulating Points. An apprentice should make every effort to obtain and log experience in all phases of the auction business. An apprentice shall not submit a log with all of his/her experience concentrated in fewer than four (4) auction activities. The purpose of the log is to indicate to the Commission that the apprentice has been fully exposed to the auction business and has participated in as many areas of the auction process as possible. (11) POINT SYSTEM CHART ACTIVITY DESCRIPTION POINTS CONTRACT Complete and execute a contract with a seller (In accordance with subparagraph (9)(a) of this rule). 20 ADVERTISING Write inventory/create a newspaper ad/erect signs. 20 SALE PREPARATION Prepare inventory for an auction or set up auction equipment. 20 BID CALLING Call bids at an auction. 60 BID ASSISTANT/ WORKING RING Work the ring at an auction for at least one (1) hour. 40 CLERKING/ CASHIERING Clerk at least 30% of an auction or collect money for at least 30% of an auction. 20 CLOSING Participate in balancing auction proceeds and assist in preparation of a closing statement. 20 TOTAL POINTS 200 Authority: T.C.A. §§62-19-106, 62-19-106(b), 62-19-111, 62-19-112(b)(7), and Public Acts of 1997 Chapter 91, 5. Administrative History: Original rule filed November 23, 1988; effective January 7,1989. Amendment filed March 15, 1993; effective April 29, 1993. Amendment filed August 5, 1998; effective October 19, 1998. Amendment filed February 28, 2001; effective May 14, 2001.

0160-01-.13 REPEALED Authority: T.C.A. §§62-19-106(b) and 62-19-116(c)(2). Administrative History: Original rule filed April 7, 1989; effective July 29, 1989. Repealed August 5, 1998; effective October 19, 1998.

0160-01-.14 FEES (1) Each application for licensure shall be accompanied by a non-refundable application fee of fifty dollars ($50.00). (2) Fees for the issuance of initial licensure and the renewal thereof shall be as follows: Auctioneer License……………………………… one hundred seventy-five dollars ($175) Apprentice Auctioneer License……………….. one hundred twenty-five dollars ($125) Principal Office Firm License………………….. one hundred twenty-five dollars ($125) Gallery License…………………………………… one hundred seventy-five dollars ($175) Auction Firm Branch License ……………………………………..seventy-five dollars ($75) REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.14, continued) December, 2008 (Revised) 7 Gallery Branch License ……………………………………………..seventy-five dollars ($75) Auctioneer Education and Recovery Account Fee……………………. fifty dollars ($50) Public Automobile Auctioneer License…… one hundred seventy-five dollars ($175) Public Automobile Auction License ……….. one hundred seventy-five dollars ($175) Licenses are valid for two (2) years from the date of their issuance and may be renewed within the sixty (60) days immediately preceding their date of expiration. (3) A licensee shall pay a one-time fee of one hundred fifty dollars ($150.00) for the retirement of an auctioneer, apprentice auctioneer, or public automobile auctioneer license. An application or activation of a retired license shall be accompanied by an application fee of one hundred dollars ($100.00), the applicable license fee and the Auctioneer Education and Recovery Account fee. (4) An applicant who fails a license examination shall pay a fee as set by contract with the Auctioneer Commission license examination administrator for each subsequent reexamination. (5) The fee for a replacement license and pocket card is thirty-five dollars ($35.00). (6) Any notification of change of information pursuant to rule 0160-01-.24 made to the Commission more than sixty (60) days after the effective date of the new information shall result in a penalty of one hundred dollars ($100.00). Authority: T.C.A. §§62-19-106(b), 62-19-111 62-19-116, 62-19-116(c) and Chapter 724 of the Public Acts of 2008, § 8. Administrative History: Original rule filed July 14, 1989; effective August 28, 1989. Amendment filed March 15, 1993; effective April 29, 1993. Amendment filed August 5, 1998; effective October 19, 1998. Amendment filed February 28, 2001; effective May 14, 2001. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Amendments filed October 15, 2008; effective December 29, 2008.

0160-01-.15 NONRESIDENT AUCTIONEER (1) Disciplinary sanctions against a nonresident licensee imposed by the licensee’s home state or any other state shall be grounds for disciplinary action by the Commission in accordance with T.C.A. § 62-19-112 and these rules. (2) Each application for a nonresident auction firm license shall be accompanied by documentation from a bank that includes the name and address of the bank, the account number of the nonresident auction firm’s escrow account and the signature and title of the bank officer issuing the documentation. The documentation shall further include a statement signed by an owner or other appropriate member of the auction firm, authorizing the Tennessee Auctioneer Commission, or its agents, to audit the escrow account. Authority: T.C.A. §§62-19-106, 62-19-112, 62-19-117, and Public Acts of 1990, Chapter 1026, Section 4. Administrative History: Original rule filed April 16, 1992; effective May 31, 1992. Amendment filed February 28, 2001; effective May 14, 2001.

0160-01-.16 NON-AUCTIONEER FIRM LICENSE APPLICATION. (1) Upon application to the Commission for an auction firm license or renewal thereof by any business entity, including a limited liability company, corporation or partnership not engaged in the auction business as the entity’s principal business, the applicant shall designate a natural person who is an employee, owner, shareholder, partner, or member of the entity, REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.16, continued) December, 2008 (Revised) 8 who meets the applicable requirements of T.C.A. § 62-19-111 and who will be responsible for such license. (2) An Auction firm as described in paragraph (1), must have at least one (1) licensed auctioneer to conduct and call auctions for the firm at each location involved in auction sales. Authority: T.C.A. §§62-19-102 and 62-19-106. Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.17 CHARITY AUCTION EXEMPTION. (1) An individual or entity may claim an exemption from licensure under T.C.A. § 62-19-103(4) as it relates to auctions on behalf of a political party, church, or charitable corporation or association, provided that any such individual or entity providing auction services shall not be compensated, and 100% of the net proceeds of such sale shall be donated to such political party, church, or charitable organization or association. (2) Any organization registered with the Secretary of State as a charitable corporation as required by T.C.A. § 48-101-504(a), or exempt from the registration requirement pursuant to T.C.A. § 48-101-502, or any organization granted an exemption from taxation pursuant to the provisions of 26 U.S.C. § 501(c)(3) of the Internal Revenue Code shall be considered a charitable corporation or association for the purpose of T.C.A. § 62-19-103(4). Authority: T.C.A. §§62-19-103 and 62-19-106. Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.18 ELECTRONIC MEDIA AUCTION LICENSE REQUIREMENT. (1) Any electronic media or computer-generated auction originating from within Tennessee shall conform to the requirements of Tennessee Code Annotated, Title 62, Chapter 19 et seq. (Auctioneer Licensing Law) and the Rules of the Tennessee Auctioneer Commission. Authority: T.C.A. §§62-19-102 and 62-19-106. Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.19 TYPES OF AUCTIONS DEFINED. (1) Absolute auction/auction without reserve – An auction at which property put up for sale is sold to the highest bidder, where the seller may not withdraw the property from the auction after the auctioneer calls for bids unless no bid is made in a reasonable time, where the seller may not bid himself or through an agent, and where the seller will deliver marketable title. (2) At auction/auction with reserve – An auction at which the seller or his agent reserves the right to establish a minimum bid, to accept or reject any and all bids, and to withdraw the property at any time prior to the completion of the sale by the auctioneer. Authority: T.C.A. §62-19-106. Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.20 ADVERTISING GUIDELINES. (1) Advertising in any form that is designed to give notice of an upcoming auction must include the name and license number of the auction firm or gallery responsible for holding the sale. REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.20, continued) December, 2008 (Revised) 9 (2) False, deceptive, misleading and untruthful advertising is expressly prohibited. Any advertisement or advertising shall be deemed to be false, deceptive, misleading or untruthful, if it: (a) contains a misrepresentation of fact. (b) is misleading or deceptive because in its content or in the context in which it is presented, it makes only a partial disclosure of relevant facts. (c) creates a false or unjustified expectation of the services to be performed. (d) contains any representation or claim that the advertising licensee in bad faith fails to perform. (e) advertises any auction using such descriptive words as “Urgent,” “Emergency,” “Distress,” or any other word which connotes a liquidation of assets or that the buyers will, for some extraordinary reason, be in a position to reap some unusual bargain, without specifically disclosing, the reason that the sale is “urgent,” the nature of the “emergency” or the cause of the “distress.” In a written advertisement, the reason, nature, and cause shall be set forth in a print size equal to the descriptive word used. (f) advertises any auction using descriptive words such as “Seized,” “Confiscated,” “Forfeited,” or any other word which connotes a governmental action; the sale of items seized or taken by a government department, agency or commission; or that buyers will for some governmental reason be in a position to reap some unusual bargain, without specifically disclosing the exact nature of the governmental action. In a written advertisement, the nature of the governmental action shall be set forth in a print size equal to the descriptive word used. (g) advertises in bad faith an item for sale that the auctioneer, auction firm or gallery does not intend to offer for sale at the auction being advertised. (3) Advertising for a sale at which some items will be auctioned with reserve and some items will be auctioned without reserve shall clearly and conspicuously indicate this fact to the public. In written advertisements for such a sale, the font size, style and case of the type used in publicizing the part of the sale is to be held without reserve shall not differ from the font size, style and case used to publicize the part of the sale to be held with reserve. (4) Any advertising or advertisement purporting or suggesting that an auction sale is being held in conjunction with or as a result of a bankruptcy proceeding, or that items to be sold at auction were previously purchased in connection with a bankruptcy proceeding shall contain the bankruptcy court case number assigned by the court of jurisdiction for such proceeding. (5) An auctioneer, auction firm or gallery shall not permit its name or license number to appear on any advertisement not in compliance with Tennessee Code Annotated, Title 62, Chapter 19 et seq. (Auctioneer Licensing Law) and the Rules of the Tennessee Auctioneer Commission. Authority: T.C.A. §§62-19-106 and 62-19-118(c)(2). Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.21 DISCLOSURE OF BUYER’S PREMIUM. (1) An auctioneer, auction firm or gallery shall disclose the existence and amount of any “buyer’s premium,” commission, or fee to be charged to buyers at an auction sale. Such disclosure REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.21, continued) December, 2008 (Revised) 10 shall be made in all advertising and orally announced immediately prior to the start of an auction. Authority: T.C.A. §§62-19-106 and 62-19-118(c)(2). Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.22 LATE RENEWAL OF LICENSE. (1) A licensee applying to renew a license two (2) months or less after the expiration date thereof shall pay in addition to any fees required for renewal, a penalty of fifty dollars ($50.00). (2) A licensee applying to renew a license more than two (2) months after the expiration date thereof, but less than six months, shall reapply for licensure and pay a penalty of one hundred and fifty dollars ($150.00). (3) A licensee applying to renew a license six months or more after the expiration date thereof, but less than two (2) years, shall reapply for licensure and pay a penalty of two hundred dollars ($200.00). (4) Upon written submission of good cause shown, the Commission may by a majority vote waive any or all of the penalties and requirements in paragraphs 1-3 of this rule, including but not limited to reexamination and additional education requirements; or in lieu thereof impose such other reasonable conditions or requirements as it deems appropriate. (5) A licensee delinquent in the renewal of a license for two (2) years or more shall reapply for licensure and satisfy all requirements for obtaining such license. Authority: T.C.A. §§62-19-106 and 62-19-111. Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.23 RETIREMENT OF LICENSE. (1) Upon written request accompanied by the license certificate, pocket card and the appropriate fee as set forth in Rule 0160-01- .14 of these rules, an auctioneer or apprentice auctioneer may retire such auctioneer’s or apprentice auctioneer’s license. (2) Only a license that is current and in good standing with the Commission may be retired. For the purposes of T.C.A. § 62-19-112(d) and this rule, “current and in good standing” shall mean the license is valid and unexpired, all applicable fees and any outstanding penalties have been paid by the licensee, the licensee has met all applicable continuing education requirements, and the license is not under any current disciplinary sanction. (3) Expired licenses renewed pursuant to Rule 0160-01-. 22 shall be deemed valid and unexpired for the purposes of this rule. (4) No contribution to the Education and Recovery Account or continuing education shall be required of a licensee whose license is in retirement. (5) A retired license may be activated upon submission to the Commission of a written application, the payment of the appropriate fees as set forth in Rule 0160-01-.14 and proof that the applicant has obtained at least six (6) hours of continuing education in the two year period immediately preceding the date of application. Authority: T.C.A. §§62-19-106 and 62-19-112(d). Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 December, 2008 (Revised) 11

0160-01-.24 NOTIFICATION OF CHANGE OF INFORMATION. (1) Within sixty (60) days of occurrence, a licensee shall notify the Commission in writing of any change in information previously submitted by the licensee to the Commission. Such information includes but is not limited to the licensee’s business address, auction escrow account data and the employment, termination or resignation of any apprentice. Authority: T.C.A. §§62-19-106 and 62-19-111. Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

0160-01-.25. PUBLIC AUTOMOBILE AUCTION AND PUBLIC AUTOMOBILE AUCTIONEER LICENSE. (1) Any individual desiring a license as a public automobile auctioneer shall submit an application on a form prescribed by the commission, accompanied by a nonrefundable application fee, along with satisfactory proof that the applicant has: (a) Reached at least twenty-one (21) years of age; (b) Served as an auctioneer for a period of two (2) years; and (c) Successfully completed, in addition to the education required by T.C.A § 62-19- 111(a)(2), thirty (30) hours of rigorous classroom instruction in automobile auctioneering approved by the commission. (2) An applicant for a public automobile auction license shall submit an application on a form prescribed by the commission, accompanied by a nonrefundable application fee, and accompanied by satisfactory proof that: (a) The public automobile auction has a letter of compliance with local ordinances from the local zoning authority; (b) The public automobile auction has garage keeper’s legal liability insurance in an amount not less than five hundred thousand dollars ($500,000); (c) The public automobile auction has a surety bond of fifty thousand dollars ($50,000) issued by a licensed bonding company; (d) The public automobile auction has a compiled financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application; (e) The public automobile auction has a minimum net worth of one hundred thousand dollars ($100,000); (f) The public automobile auction has a business telephone land line in the public automobile auction’s name; (g) The public automobile auction has a permanently installed professional business sign with letters which are at least eight (8) inches in height; (h) The public automobile auction has a current business tax license as required by local law; REGULATIONS OF AUCTIONEERS CHAPTER 0160-01 (Rule 0160-01-.25, continued) December, 2008 (Revised) 12 (i) The public automobile auction has displayed on its premises a valid motor vehicle dealer license from the Tennessee Motor Vehicle Commission; and (j) The public automobile auction has displayed on its premises a valid license from the Tennessee Auctioneer Commission. Authority: T.C.A. § 62-19-106 and Chapter 724 of the Public Acts of 2008, §§ 3, 4 and 8. Administrative History: Original rule filed October 15, 2008; effective December 29, 2008.

 

AUCTION FEES

Apprentice Initial  License Fee ($225)

Application fee-$50

License fee–$125

Recovery Fund fee–%50

Auctioneer Initial License Fee ($275)

Application–$50

License fee–$175

Recovery Fund fee–$50

Firm Initial License Fee ($225)

Application fee–$50

License fee-$125

Recovery Fund fee–$50

Firm Branch Initial License Fee ($175)

Application fee-$50

License fee–$75

Recovery Fund fee–$50

Gallery Initial License Fee  ($275)

Application fee–$50

License fee–$175

Recovery Fund fee–$50

Gallery Branch Initial License Fee  ($175)

Application fee-$50

License fee–$75

Recovery Fund fee–$50

Public Automobile Auctioneers License Fee  ($225)

Application fee–$50

License fee-$175

Public Automobile Auction Firm License Fee  ($225)

Application fee–$50

License fee–$175