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February 26, 2023 at 9:29 pm #4825Barbara SchoenKeymaster
ALABAMA—Keith Warren Reported They have maintained their same number of licensees. Their law has been changed which now gives them jurisdiction over auction platforms. They are still struggling with some issue concerning this. They are experiencing some of the de-regulation things here with the new quadrennium. They have not had any other changes with the exception that one of their board members passed away during Covid. This position has now been filled. He had nothing further to comment on.
ARKANSAS--Kelli Black reported they have 2 new board members, 2 expired positions, one which is vacant and the other one is serving until she is replaced. They have received 9 complaints this year, of which 6 have been dismissed . Of these 6, one was continuing to auction without a license so a letter was sent to the prosecuting attorney in that particular person’s county. They have 2 cases of which they are awaiting a response. She had nothing further to report.
ILLINOIS-Susan Sigourney reported the following: Their Auction Advisory Board consists of Jessica Doerr Berger-Auction Member; Michael Fine,-Auction Member; Kelly Frank- Auction Member; Gwendolene Newton-Public Member; Carol Spracklen-Real Estate Member; and Thomas Walsh-Auction Member.
Number of licensees: Auctioneers–1074 and Auction Firms–197
Types of License Designations: Auctioneer, Exempt Auctioneer ( exempt from the Real Estate License Act), Auction Firms, Auction Continuing Education (CE) Schools, and Auction CE Courses.
Initial License Fees and Renewal Fees for each designation: Auctioneer–initial license fee is $200, renewal fee is $450 for two years, Auction Firm–initial fee is $100, and renewal fee is $250 for two years.
Illinois License Act (225 ILCS 407):
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1350&ChapAct=225%26nbsp%3BILCS%26nbsp%3B407%2F&ChapterID=24&ChapterName=PROFESSIONS+AND+OCCUPATIONS&ActName=Auction+License+Act%2E And the Administrative Rules for the Auction License Act: http://www.ilga.gov/commission/jcar/admincode/068/06801440sections.html
Disciplinary Actions – July 2022 – January 2023:
39 cases pending in Investigations, 4 cases pending in Prosecutions, and there was one public discipline: An applicant failed to disclose one criminal conviction on his application. Applicant has since provided a detailed account of facts and circumstances surrounding his conviction, proof of successful completion of the terms of his sentence, and his desire to pursue a career as an auctioneer. This applicant shall be granted a license as an auctioneer in the State of Illinois and his license will be placed on probation for 2 years from the date of issuance of the applicant’s license and the applicant shall report any arrests or criminal convictions within 30 days of said event.
MAINE: Elizabeth Moulton reported The current members of the Board are–William O. Macomber- Chairman; Elsie M. Andrews-Vice-Chairman; Mark E. Bradstreet-Compliant Officer; Raymond L. Williams-Public Membe. The Auctioneer Seat remains vacant.
Office Staff consists of Catherine Pendergast-Board Director; Regina Ritchie-Professional Licensing Supervisor; and Elizabeth Moulton-Office Specialist I.
The Department continues to upgrade the on-line system which allows for on-line applications including attaching verification documents, renewals, updating of contact information, license verification and disciplinary action. Renewal notification and distribution of renewal licenses are now automated through licensee email.
There is one pending complaint that will go before the Board in the upcoming months.
Licensed Auctioneers for year 2023 in Maine total 182. Their Board meetings are scheduled for every other month; however, if there are no matters that require Board action, the meeting is cancelled. Their next meeting is scheduled for April 5, 2023.
OHIO: Donna Potter submitted this report:
STATE REPORTING FORM FOR BUSINESS MEETINGS OF NALLOA
- NUMBER & NAMES OF COMMISSIONERS ON YOUR BOARD, AND NAME OF MAIN CONTACT:
The Ohio Department of Agriculture is the regulatory authority for auctioneers in the State of Ohio. There are five Commissioners appointed by the Governor who serve in an advisory capacity to the Department.
Chairman Wade Baer, Auctioneer
Vice Chairman Christopher Dobeck, Public Member
Commissioner Debbie Goddard, Auctioneer
Commissioner — Open– Auctioneer
Commissioner Theresa Blocher, Auctioneer
Main Contact: Donna Potter, Auctioneer Program Administrator, Ohio Department of Agriculture, 614-728-6350
NUMBER OF ACTIVE LICENSEES: 2,789
AUCTIONEER: 2,267; APPRENTICE AUCTIONEER: 61; AUCTIONEER Corp/LLC: 254; AUCTION FIRM: 207;
TYPES OF LICENSE DESIGNATIONS:
Auctioneer, Auction Firm, Auctioneer: Corporation, Partnership, LLC, and One Time Auctioneer
BOND OR RECOVERY FUND IN PLACE: Both—depending on license type
INITIAL LICENSE FEES AND RENEWAL FEE FOR EACH DESIGNATION:
AUCTION FIRM: INITIAL__100__RENEWAL__100___
AUCTIONEER CORPORATION/LLC: INITIAL_200___RENEWAL_200___
NON-RESIDENT: INITIAL and RENEWAL: __Same as in state_______
OTHER: One Time Only License $500 license fee no renewal option
ANY ADDITIONS, DELETIONS OR REVISIONS TO YOUR AUCTION LAW:
HB 321 went into effect on September 13, 2022. It eliminated the apprentice auctioneer license, verbal license exam, created continuing education requirements, and defined live and online auctions. Online auctions are now required to be licensed in Ohio.
HB507 goes into effect on April 6. Creates an exemption for licensure for persons selling via an auction mediation company that offers fraud protection and who sell less than $10,000 per year.
The apprenticeship was eliminated as result of an effort to reduce barriers to entry. It shortened the length of time from 1+ years to get an auctioneer license to a minimum of 1-2 months which includes 80 hour auction school.
We have also switched to an online licensing portal. Paper applications are still available upon request to those who opt out of the License portal.
Our legislature passed a bill that reduces the barriers for licensure for all professional licensing. We have until September to create rules to implement the bill’s requirements.
The biggest issues are regarding no or misuse of escrow accounts; lack of contracts or missing language; and timely remittance of funds.
SOUTH CAROLINA: Amy Holleman reported that they currently have 805 Auctioneers, 1 Auctioneer Apprentice, and 179 Auction Firms.
In 2022 they had 22 Complaints Received and 9 of those were “Do Not Open” (No Jurisdiction), 11 have been Closed, 1 Active Investigation, while there is 1 Pending Board Action
2023 Complaints – No complaints received thus far in 2023
2022 Disciplinary Actions (Disciplinary orders are online at http://www.llr.sc.gov/auc under the Board Orders section):
- Consent Agreement
- Unprofessional act intended to deceive, defraud, or harm the public
- Failure to timely pay another for goods which came into Respondent’s possession during auction sale
- Public Reprimand, Civil Penalty of $500 + $180 Cost of Investigations
- Consent Agreement
- Unprofessional act intended to deceive, defraud, or harm the public by failing to provide necessary documentation related to the auction and communicate clearly with customers.
- Public Reprimand, Civil Penalty of $500 + $80 Cost of Investigations
Current Board Members:
- Matthew Holiday – Chair
- Julian “Rafe” Dixon – Vice Chair
- James “Bryan” Hope – Professional Member
- Joseph “Joe” Burns – Professional Member
- Lisa Davey – Public Member
- Laura Smith – New Board Administrator
TENNESSEE: Robert Hunter reported they had 2 new board members. They too have seen a reduction in licensees along with a slowing of new licensees. They attribute some of the loss of licensees due to Covid-19, along with the fact that the Board de-regulated the gallery and firm licenses. Random audits are conducted regarding CE . He further stated that when the courts resolve the TN lawsuit he will let everyone know the outcome.
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