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WEST VIRGINIA LEGISLATIVE RULE
STATE DEPARTMENT OF AGRICULTURE
Chapter 19-2C
SERIES 11B
TITLE: Auctioneers
Section 61-11B-1. General.
1.1. Scope. -- This legislative rule establishes general procedures for the licensing of auctioneers.
1.2. Authority. -- W. Va. Code §19-2C-5.
1.3. Filing Date. -- April 10, 2008.
1.4. Effective Date. -- July 1, 2008.
Section 61-11B-2. Declaration Of Policy.
2.1. This rule is for the purpose of implementing W. Va. Code §19-2C-1 et seq. pertaining to the licensing of auctioneers.
Section 61-11B-3. Application.
3.1. The Commissioner shall, within thirty (30) days after receipt of an application, notify the applicant of his or her eligibility to be examined. The thirty (30)-day period for action by the Commissioner shall not commence until all necessary information has been submitted by the applicant.
3.2. The application shall contain sufficient information to allow the Commissioner to determine the applicant’s eligibility for an auctioneer or apprentice auctioneer license and shall include a statement by two (2) individuals testifying to the applicant’s character.
3.3. An applicant for an apprentice license or auctioneer license shall be at least 18 years of age.
3.4. An applicant for an auctioneer or apprentice auctioneer license shall present a photo I.D. before participating in examinations.
Section 61-11B-4. Bond Requirements.
4.1. The amount of bond required is five thousand dollars ($5,000) for an apprentice auctioneer and ten thousand dollars ($10,000) for an auctioneer. Corporate surety bonds shall be on forms provided by the Commissioner.
4.2. All corporate surety bonds shall be executed by a company authorized to do business in the State of West Virginia as determined by the Secretary of State.
4.3. An apprentice auctioneer applicant is not required to have a bond in place prior to testing; however, they shall submit a properly executed bond to West Virginia Department of Agriculture before the Department will issue the license.
Section 61-11B-5. License.
5.1. The license numbers issued under W. Va. Code §19-2C-1 et seq. are permanent, subject to annual renewal.
5.2. All licenses issued under W. Va. Code §19-2C-1 et seq. expire on December 31 of each year unless revoked or suspended.
5.3. The Department shall consider licenses issued at the successful completion of the examination held in October as licensure for the upcoming calendar year and shall not collect an additional fee for that year.
Section 61-11B-6. License Renewal.
6.1. An applicant shall submit all materials required by the Commissioner to the Department of Agriculture before the Commissioner may renew a license. Requests which do not contain all necessary information shall result in delays in the issuance of the license.
6.2. An auctioneer shall provide the Commissioner with proof of completion of at least six (6) hours of continuing education within the previous year. An auctioneer shall complete six (6) hours of continuing education each subsequent year in order to qualify for license renewal. The Commissioner or his or her designee must approve all continuing education programs as to subject matter before credit will be granted. Requests for approval shall include the name of course, the course provider, the date of instruction, an outline of the course, the instructor or sponsor and his or her qualifications for teaching the class, the instructor or sponsor’s address and the number of hours of instruction. Curricula should be approved in advance, and in the case of group instruction, the instructor or course provider shall provide a certified list of those persons completing the course. Continuing education may include, but is not limited to, seminars, correspondence courses, certified home study and formal course work offered through vocational programs, extension programs, colleges and universities, or certified auction schools.
6.3. An auctioneer shall complete six (6) hours of continuing education each calendar year in order to qualify to renew his or her license for the next year.
6.3.1. Only classes taught by course providers approved by the Commissioner or his or her designee qualify for credit
6.3.2. At least three (3) hours of the required six (6) hours of class shall be from core subjects. Core subjects are:
a. West Virginia statutes and rules governing auctioneering;
b. Federal statutes and rules governing auctioneering;
c. Auctioneering ethics;
d. Escrow, trust and custodial accounts;
e. Advertising;
f. Contracts; and
g. Other subjects approved by the Commissioner.
6.3.3. At least three (3) hours of the required six (6) hours of class may be from elective subjects. Elective subjects are:
a. Real estate law;
b. Auction management;
c. Bid calling;
d. Public speaking;
e. Business law; and
f. Other subjects approved by the Commissioner.
6.4. An auctioneer who has not conducted any auctions in the previous twelve (12) months is exempt from the continuing education provisions for renewal of license for the following year. The auctioneer shall submit a notarized statement in a form prescribed by the Commissioner with the request for exemption. When an auctioneer resumes conducting auctions, he or she shall then comply with the provisions of this section and provide proof of continuing education to the Commissioner.
6.5. An apprentice auctioneer is not required to complete a continuing education program for renewal of an apprentice license, but is encouraged to do so for his or her own benefit.
Section 61-11B-7. Receipts.
7.1. Each auctioneer shall provide a buyer or purchaser with a receipt that includes:
7.1.1. The date of the sale;
7.1.2. A description of the item or lot;
7.1.3. The price paid for the item or lot purchased; and
7.1.4. The name, license number and permanent address of the auctioneer. This information shall be provided to each buyer or purchaser only once.
7.2. The auctioneer shall retain a copy of issued receipts for his or her records for a minimum of six (6) months.
Section 61-11B-8. Examination of Applicants.
8.1. The written examination shall test the applicant’s knowledge of the West Virginia Auctioneer Law,
W.Va. Code §19-2C-l et seq., rules promulgated under the law and other fundamentals of the auctioneering profession.
8.2. The oral examination shall test the auctioneer’s competency in conducting an auction, and his or her knowledge of all applicable laws, state and federal.
Section 61-11B-9. Accredited Auctioneering Schools.
9.1. The Commissioner shall annually issue a list of accredited auctioneering schools.
9.2. Any school wishing to be included on the list of accredited auctioneering schools shall submit to the Commissioner a complete curriculum, a course schedule, a list of the instructors, credentials of the instructors, the location of the school, the cost and any other information considered necessary by the Commissioner for a decision on the qualifications of the school to be accredited in West Virginia.
Section 61-11B-10. Suspension, Revocation, Expiration or Termination of Supervising Auctioneer’s License.
10.1. The suspension, revocation, expiration or termination of a supervising auctioneer’s license shall automatically suspend the license of any apprentice auctioneer sponsored or employed by the suspended auctioneer. However, an apprentice auctioneer may retain an apprentice licenses by transferring to the sponsorship of another licensed auctioneer. Provided, that the request for the transfer is made in writing and according to the procedures outlined in W. Va. Code §19-2C-6, and approved by the Commissioner or his or her designee.
Section 61-11B-11. Reciprocity.
11.1. Any out-of-state resident who holds a valid auctioneer’s license in a reciprocal state may be granted a West Virginia license. Provided, that the resident state in which he or she is licensed provides similar recognition to a licensee of this State, and that the licensing requirements of the resident state are at least equal to those of the State of West Virginia. The Commissioner shall annually issue a list of states with whom reciprocity has been formally approved.
Section 61-11B-12. Waiver of Apprenticeship.
12.1. The Commissioner may, with the concurrence of the Auctioneer Board of Review, grant a wavier of the apprenticeship requirements. For an applicant to be granted a wavier, he or she shall petition the Commissioner for a waiver and provide certified documentation as to the qualifications of the candidate to be an auctioneer without serving an apprenticeship. This documentation shall include formal training in the profession, exceptional practical training such as verification of conducting charity or other types of auctions which are exempt from the licensing requirements, and any other information to assist the Commissioner in making a ruling. The Commissioner may grant a waiver only under exceptional circumstances, after receiving concurrence from the Auctioneer Board of Review, and shall not consider them a routine matter. Under no circumstances shall the Commissioner grant a wavier if it is determined that experience in the profession has been gained as a result of auctioneering which was not in compliance with the laws and rules of the State of West Virginia or the State where the experience was gained.
Section 61-11B-13. Advertising.
13.1. Any circular or other printed material advertising a sale shall contain the name and license number of the auctioneer conducting the sale, the name and license number of any apprentice auctioneer assisting with the sale, and the date, place and exact time of the auction.
Section 61-11B-14. Contracts.
14.1. All contracts between an auctioneer and a seller shall meet, at a minimum, the following guidelines:
14.1.1. The contract shall be executed in duplicate;
14.1.2. The original contract shall be retained by the auctioneer for a period of six (6) months;
14.1.3. One copy of the contract shall be furnished to each person entering into the contract; and
14.1.4. The contract shall specifically state the amount of time to settle the account with the consignors, which is within fourteen (14) calendar days of the sale unless otherwise stated in the contract.
14.2. An apprentice auctioneer may not contract directly with a client.
Section 61-11B-15. Board of Review.
15.1. The Board of Review shall meet at the call of the Commissioner or his or her designee to review the findings of an investigation resulting from a verified complaint received by the Department or an investigation initiated by the Department’s own actions.
15.2. The Board of Review shall review these findings, all of the material related to the investigation, and any other material considered by the Board to be appropriate. The Board of review shall make a recommendation, in writing, to the Commissioner as to the course of action for the Commissioner on the complaint. Board decisions shall be majority decisions of those members present. A quorum of two (2) members is required for Board action.
15.3. When considered appropriate by the Commissioner, or his or her designee, the Board may meet via telephone conference call, but shall only provide a recommendation after receiving and reviewing hard copies of the material pertinent to the complaint.
15.4. A member of the staff of the Department, appointed by the Commissioner, shall serve as staff for the Board and shall be responsible for the presentation of each complaint. The staff member shall not participate in the discussions beyond the reasonable explanation of the facts of the complaint. |
