§ 4601. Repealed. 2003, No. 60, § 37.
§ 4602. Definitions
As used in this chapter:
(1) "Auction" means the offering of real or personal property for sale by means of exchanges between an auctioneer and bidders.
(2) "Auctioneer" means a person who, for a fee or other compensation, conducts, advertises, or offers services to conduct auctions. Not included in this definition are persons required or authorized by law to sell real or personal property to retailers or merchants.
(3) "Director" means the Director of the Office of Professional Regulation.
(4) "Disciplinary action" means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a licensed auctioneer or an applicant. It includes all sanctions of any kind, including the denial of licensure and the issuance of warnings, reprimands, conditions, suspensions, or revocations of licensure. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 34; 2005, No. 27, § 112; 2013, No. 27, § 47.)
§ 4603. Prohibition; penalty
(a) No person shall use in connection with the person's name any letters, words, or insignia indicating or implying that the person is a licensed auctioneer unless the person is licensed in accordance with this chapter.
(b) No person shall provide services as an auctioneer as defined by this chapter unless the person is licensed in accordance with this chapter.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 35; 2007, No. 29, § 73.)
§ 4604. Director; duties
(a) The director shall have the following duties:
(1) provide general information to applicants for licensure as auctioneers;
(2) explain appeal procedures to licensed auctioneers and applicants, and complaint procedures to the public;
(3) administer fees established by law;
(4) receive applications for licensure, issue licenses to applicants qualified under this chapter, deny or renew licenses, and issue, revoke, suspend, condition, and reinstate licenses as ordered by an administrative law officer;
(5) refer complaints and disciplinary matters to an administrative law officer.
(b) The director, after consultation with the advisor appointees, may adopt rules necessary to perform the director's duties under this chapter. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4605. Advisor appointees
(a) The secretary of state shall appoint two licensed auctioneers for five-year terms to serve as advisors in matters relating to auctioneers. One of the initial appointments may be for less than a five-year term. Appointees shall not have less than three years' experience as an auctioneer immediately preceding appointment, and shall be actively engaged in practice as an auctioneer in Vermont during incumbency.
(b) The director shall seek the advice of the auctioneer advisors in carrying out the provisions of this chapter. The advisors shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the director for this purpose. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4606. Application
(a) A person who desires to be licensed as an auctioneer shall apply to the Director, in writing, on a form furnished by the Director, accompanied by payment of the required fee. As a prerequisite to licensure, an applicant for licensure as an auctioneer shall have:
(1) completed a course of instruction at an auctioneering school approved by the Director with course requirements consisting of at least 40 clock hours; or
(2) completed an apprenticeship of at least 250 hours of experience obtained within one calendar year which includes active participation in at least six auctions, including bid calling, under the direction and supervision of an auctioneer licensed and in good standing with this State or the state in which he or she is licensed and who has been in practice a minimum of three years. Such proof may be in the form of a sworn affidavit from the supervising auctioneer, including information as the Director may reasonably require on forms provided by the Director. Auctioneer apprentices shall contact the Office for the appropriate forms prior to beginning the apprenticeship. Registered apprentices may perform auctioneering incidental to their apprenticeship under the direct supervision of a licensed auctioneer.
(b)(1) The Director shall license otherwise qualified applicants who have obtained a license in another jurisdiction which has licensure requirements substantially equivalent to those in this State.
(2) For experienced applicants from states without licensure, the Director may allow related education, training, or experience of the applicant on a case-by-case basis to be a substitute for all or part of the apprenticeship requirement. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 36; 2005, No. 27, § 113; 2013, No. 27, § 47a.)
§ 4607. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee.
(b) Biennially, the director shall forward a renewal form to each license holder. Upon receipt of the completed form and the renewal fee, the director shall issue a new license.
(c) Any application for reinstatement of a license which has lapsed shall be accompanied by the renewal fee and the late renewal penalty. A person shall not be required to pay renewal fees for years during which the license was lapsed. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4608. Claims
Final settlement of accounts between consignors of auctioned goods and any auctioneer licensed under this chapter shall be made within 30 days of the auction sale from which the consignment was made. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4609. Unprofessional conduct
(a) The term "unprofessional conduct" means misusing a title in professional activities and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed auctioneer or an applicant.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may take disciplinary action against a licensed auctioneer or applicant. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)