Are You Up-to-Date on Auctioneering Regulations in North Carolina?

Licensing and Administrative Procedures for Auctioneers in North Carolina

• The North Carolina Auctioneers Commission is responsible for licensing auctioneers, apprentice auctioneers, and auction firms to ensure compliance with G.S. 85B.

• The Board does not have jurisdiction to settle disputes between parties regarding commissions or pay of assistants.

• The administrative offices of the Board are located in Fuquay-Varina, North Carolina, and office hours are from 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding State holidays.

• The application forms for auctioneer, non-resident reciprocal auctioneer, apprentice auctioneer, and auction firm licenses are prescribed by the Board and require various personal and professional information, as well as supporting documentation.

• Auctioneer applicants must provide documentation of required auctioneer schooling or auctioneer experience, and apprentice auctioneer applicants must submit a written statement from their proposed supervisor's background and experience in the auction profession.

• Non-resident reciprocal auctioneer applicants must provide a statement of good standing from the licensing board or commission of each jurisdiction where they hold an auctioneer, apprentice auctioneer, or auction firm license.

• Each application form must be accompanied by applicable fees, as set forth in 21 NCAC 04B .0202.

• The Board conducts administrative hearings in contested cases, which are governed by Article 3A of G.S. 150B, the Rules of Civil Procedure, and the General Rules of Practice for the Superior and District Courts.

• Petitions for declaratory rulings must include relevant facts and information, a statement of the manner in which the petitioner has been aggrieved, and whether the petitioner desires to present oral argument to the Board prior to its decision.

• Petitions for rule-making must contain the petitioner's name, address, and telephone number, a draft of the proposed rule adoption or amendment, and the effect of the proposal on existing rules.

• Auction house, auctioneers law, board, buyer's premium, course, minimum bid, principal(s), and sole proprietor auction business are defined terms used in this Chapter.

• The rules in this Subchapter were originally adopted in November 1984 and have been amended multiple times since then, with the most recent readoption taking place in July 2020.North Carolina Auctioneer Licensing Board: Fees, Exams, and Licensing Requirements

• The North Carolina Auctioneer Licensing Board requires applicants to submit their application at least 30 days prior to the desired effective date or at least 10 days prior to a scheduled examination.

• License fees vary depending on the type of license and whether the applicant served an apprenticeship, ranging from $100 to $250.

• License renewal fees are $150, and fees for converting a non-resident reciprocal license to an in-state license are $50.

• Fees may be paid in cash, check, certified check, or money order, but license renewal and reinstatement fees may only be paid by credit or debit card online.

• Members of the Armed Forces of the United States who are currently licensed and in good standing with the Board may receive an extension of up to one year for completing and reporting continuing education credits.

• The auctioneer license examination tests the applicant's knowledge of the auction business, auctioneering ethics, laws and rules related to the profession, and the licensing law.

• The auction firm license examination tests the applicant's knowledge of the licensing law and the rules of the Subchapter.

• Applicants who fail to obtain a passing score of 75% or higher on an examination may request an appointment with the Board staff to review their examination.

• The Board issues each individual or firm a non-transferable license number, and a pocket card with the licensee's name, license number, and date of expiration must be carried during auctioneering activities and available for inspection.

• Apprentice auctioneers must be associated with and supervised by a licensed auctioneer approved by the Board, and the supervising auctioneer must ensure the apprentice complies with laws and rules related to the auctioneering profession.

• The Board may deny, suspend, or revoke a license, issue a letter of reprimand, or assess a civil penalty for various grounds, including violation of G.S. 85B, false statements on an application, and unprofessional conduct.

• Licensees who engage in auctioneering activities while their license is lapsed may be subject to penalties, and those whose license has been lapsed or suspended for more than 24 months must reapply and meet all current requirements.North Carolina Auctioneering Regulations

• All auctioneers, apprentice auctioneers, and auction firms must report criminal arrests, charges, or convictions for misdemeanors related to dishonesty, fraud, or misrepresentation, or any arrests, charges, or convictions of any felony to the Board within 30 days.

• Auctioneers, apprentice auctioneers, and auction firms must report civil suits related to gross negligence, dishonesty, fraud, misrepresentation, or incompetency, or any suit related to auction sales or auctioneering to the Board within 30 days of the complaint being served.

• Auctioneers, apprentice auctioneers, and auction firms must report any administrative proceedings that may result in revocation or suspension of an auction license or auctioneer license in another state to the Board within 30 days of notification.

• Schools of auctioneering seeking approval of its curriculum and instructors must apply on a form prescribed by the Board and provide information on the school name, director, address, website, telephone number, and instructors.

• Schools of auctioneering must provide instruction in Essential Core Curriculum (minimum 50 hours) and Supplemental Instruction Areas (minimum 30 hours) and provide a minimum of 80 hours of classroom instruction for students.

• Schools of auctioneering must have a minimum of five different instructors, at least two of whom must be professional auctioneers, and establish standards for all instructors.

• Schools of auctioneering must provide or make available facilities, equipment, materials, and supplies necessary for the course, including a climate-controlled classroom and audio-visual equipment.

• Upon completion of a course, schools of auctioneering must furnish each student with a transcript containing their name, completion date, and total number of hours.

• Schools of auctioneering must maintain records for five years, including the dates, times, and location of every course offered, student names and hours completed, instructor qualifications, and course subject and instruction hours.

• The approval of a school's curriculum and instructors by the Board is valid for two years and subject to evaluation for reapproval.

• All licensees must notify the Board in writing of any change or addition of residence or business address, change of trade name, assumed name, or combination of names, and change in directors, officers, partners, or designated persons within 10 days of the occurrence of such change.

• All advertisements related to an auction must include the auctioneer's, apprentice auctioneer's, or auction firm's name and license number, and any use of descriptive words such as "Absolute" or "Without Reserve" must accurately reflect the conditions of the sale.North Carolina Auctioneer Licensing Board Rules

• The North Carolina Auctioneer Licensing Board regulates the auctioneering industry in North Carolina.

• Auctioneers, apprentice auctioneers, and designated persons in auction firms are required to obtain a license from the Board.

• To obtain a license, applicants must meet certain educational and experience requirements and pass an exam.

• Licensees are required to follow specific rules and regulations, including rules related to advertising, sale proceeds, contracts, bidding, and continuing education.

• Advertising rules prohibit the use of certain descriptive words and require disclosure of certain information, including the reason for a sale being "urgent" or "distress."

• Auctioneers must deposit any payments belonging to others in an escrow account within three business days of receipt.

• Records related to auction contracts, consignment, sales, and bidder registration must be maintained and made available to the Board upon request.

• Auctioneers are not allowed to bid on items in a sale they are conducting unless it is a reserve sale, and they may only bid up to the reserve price.

• Auction firms must have at least one Board-approved designated person, who has the authority to transact business under the firm license.

• Sole proprietor auction businesses must be operated by a licensed auctioneer who is responsible for all aspects of the business.

• Licensees must complete Board-approved continuing education courses to renew their license in active status.

• The Board approves course sponsors and determines the number of hours of instruction required for continuing education.