85B-3 Auctioneers Commission

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

How many members are there in the North Carolina Auctioneers Commission?

Three

Nine

Seven

Five (correct)

What is the maximum number of consecutive terms a member can serve on the Commission?

Three

One

Four

Two (correct)

At least how many members of the Commission must be experienced auctioneers?

Four

Three (correct)

One

Two

Who appoints the members of the North Carolina Auctioneers Commission?

The Governor Signup and view all the answers

What is the term length for an individual appointed to the Commission after the initial appointments?

Three years Signup and view all the answers

What action can the Commission take to manage licenses?

Deny, suspend, and revoke licenses Signup and view all the answers

How many votes are required for the Commission to take any action?

Three members Signup and view all the answers

What role does the Auctioneers Association of North Carolina play in the appointment of Commission members?

They submit nominations for at least three positions Signup and view all the answers

What must an applicant provide for a criminal history check?

A form consenting to fingerprint checks Signup and view all the answers

What is the primary purpose of checking an applicant's criminal history?

To evaluate the applicant's moral integrity Signup and view all the answers

Which condition may lead to the denial of a license?

A conviction for a felony or a crime involving fraud Signup and view all the answers

Which factor is NOT considered when determining a denial of licensure based on criminal history?

The applicant's financial background Signup and view all the answers

What happens if an applicant refuses to consent to a criminal history check?

The Commission may deny licensure Signup and view all the answers

What right does the Commission have to inform applicants about their criminal history?

The right to review criminal history information Signup and view all the answers

Which governing body must the Commission comply with regarding the dissemination of criminal history checks?

State Bureau of Investigation Signup and view all the answers

What kind of information is the Commission required to keep confidential?

Criminal history information received by the Commission Signup and view all the answers

What is the maximum civil penalty the Commission may assess for prohibited acts?

$2,000 Signup and view all the answers

Which factor is NOT considered by the Commission when imposing a civil penalty?

The financial status of the violator Signup and view all the answers

What can the Commission do with real property?

Buy, rent, or lease it with approval Signup and view all the answers

What type of criminal history checks does the Commission ensure for applicants?

State and national history checks if applicable Signup and view all the answers

For how long must an applicant have resided outside of North Carolina to require a national criminal history check?

Five years Signup and view all the answers

What is one of the purposes for which the Commission can purchase insurance?

To cover the activities and operations of the Commission Signup and view all the answers

Which of the following best describes the Commission's power regarding collateral for encumbrance?

Collateral is limited to the assets, income, and revenues of the Commission Signup and view all the answers

What does the term 'applicant' refer to in this context?

An individual seeking licensure as an auctioneer, apprentice auctioneer, or auction firm Signup and view all the answers

Study Notes

North Carolina Auctioneers Commission

The North Carolina Auctioneers Commission has five members appointed by the Governor with a term of three years.
At least three members are experienced auctioneers licensed in North Carolina.
One member represents the public at large.
The commission employs an executive director and has the power to purchase, rent or lease equipment, supplies, and purchase insurance.
The commission can impose civil penalties up to $2,000.
The commission may deny, suspend, or revoke licenses.

Powers and Duties of the Commission

The commission has the authority to receive and act upon applications for licenses.
The commission issues licenses and adopts rules consistent with the Chapter and General Statutes.
The commission assesses civil penalties for acts prohibited by the Chapter.

Criminal History Check for Applicants

The commission conducts criminal history checks on all applicants.
The commission requires fingerprints and a signed consent form to use the fingerprints.
The commission may deny licensure if the applicant's criminal history shows a felony conviction or a conviction involving fraud or moral turpitude.
The commission considers the applicant's age at the time of the crime, the circumstances surrounding the crime, the severity of the crime, the nexus between the crime and the applicant's duties as an auctioneer, and the applicant's subsequent record.

Consequences for Non-Compliance

The commission may deny licensure to applicants that refuse a criminal history check or the use of their fingerprints.
The commission must notify applicants of their right to review the criminal history information, challenge the accuracy of the information and contest the denial.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the structure, powers, and duties of the North Carolina Auctioneers Commission. It details the composition of the commission, licensing procedures, and the obligations for conducting criminal history checks for applicants. Test your knowledge of the regulations surrounding auctioneering in North Carolina.