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 »

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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.