21 NCAC .01 Organization and General Provisions
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Questions and Answers

What must a petition for declaratory rulings include regarding the request?

  • The petitioner's attorney's contact information.
  • All facts and information deemed relevant by the petitioner. (correct)
  • A statement of the petitioner's financial status.
  • A list of all similar rulings made in the past.

    • Which of the following is NOT a requirement when submitting a petition for declaratory rulings?

  • A detailed background on the petitioner's legal history. (correct)
  • A statement on how the petitioner has been aggrieved.
  • Indication of whether oral argument is requested.
  • The petitioner's name, address, and telephone number.

    • What is one potential reason the Board might deny a petition for declaratory ruling?

  • The petitioner has not paid a filing fee.
  • The Board has already issued a final agency decision on the same facts. (correct)
  • The request concerns a topic of public interest.
  • The petitioner is not an attorney.

    • What specific information must be included in petitions for rule-making?

    <p>A draft of the proposed rule adoption or amendment.</p> Signup and view all the answers

    When may a petitioner request to present oral argument?

    <p>Only if it does not exceed 30 minutes.</p> Signup and view all the answers

    What is the primary responsibility of the Board regarding auctioneers?

    <p>To license auctioneers and firms</p> Signup and view all the answers

    What does the term 'Buyer’s Premium' refer to in auctioneering?

    <p>Additional charges owed by a buyer on top of the bid</p> Signup and view all the answers

    Which term refers to a business where auctions are conducted at a single location?

    <p>Auction house</p> Signup and view all the answers

    What entity has jurisdiction over the licensing of auctioneers in North Carolina?

    <p>North Carolina Auctioneers Commission</p> Signup and view all the answers

    What does the term 'Minimum Bid' refer to?

    <p>Minimum opening bids for auction items</p> Signup and view all the answers

    What are administrative hearings in contested cases primarily governed by?

    <p>Article 3A of G.S. 150B</p> Signup and view all the answers

    Which activities are NOT under the jurisdiction of the Board?

    <p>Setting commission rates</p> Signup and view all the answers

    What is included in the 'Course' as defined in auctioneering regulations?

    <p>Curriculum and instruction of auctioneering schools</p> Signup and view all the answers

    Study Notes

    Purpose of the Board

    • The North Carolina Auctioneers Commission (Board) is responsible for licensing auctioneers, apprentice auctioneers, and auction firms.
    • The Board ensures that the qualifications and activities of those engaged in auctioneering comply with G.S. 85B.
    • The Board is not responsible for settling disputes between parties regarding commissions or assistant pay.

    Board Office Information

    • The administrative offices of the Board are located at www.ncalb.org.
    • Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m., excluding state holidays.

    Definition of Key Terms

    • "Auction house," "auction barn," or "auction gallery" refers to an auction business that conducts auctions at a single location.
    • "Auctioneers Law" or "licensing law" refers to G.S. 85B.
    • "Board" refers to the North Carolina Auctioneers Commission.
    • "Buyer's Premium" refers to any additional charge owed by a buyer to the auctioneer, auction firm, or seller above the highest accepted bid.
    • "Course" refers to the curriculum, instruction, and activities of auctioneering schools subject to Board regulations.
    • "Minimum Bid" refers to the lowest acceptable bid for an item.
    • "Principal(s)" refers to directors, officers, owners, and partners involved in auction firms.
    • "Sole Proprietor Auction Business" refers to a licensed auctioneer whose business is not defined as an "Auction Firm" under G.S. 85B.

    Administrative Law Procedures

    • The Board follows certain procedures in contested cases:
      • Article 3A of G.S. 150B
      • The Rules of Civil Procedure contained in G.S. 1A-1
      • General Rules of Practice for the Superior and District Courts
    • Declaratory rulings are submitted to the Board and must include:
      • Petitioner's name, address, and telephone number
      • The statute, rule, or order the request relates to
      • All relevant facts and information
      • A statement detailing how the petitioner has been aggrieved
      • A statement regarding whether the petitioner wants oral arguments
    • The Board may not issue a declaratory ruling if:
      • The petition is noncompliant
      • A ruling on the same facts has already been issued
      • A final agency decision on the same facts has been made
      • The facts were considered during rule or order adoption
      • The subject matter is involved in pending litigation.
    • Petitions for rule-making are submitted to the Board and must include:
      • Petitioner's name, address, and telephone number
      • A draft of the proposed rule adoption or amendment
      • The proposal's effect on existing rules.

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    Related Documents

    21 NCAC Section .01 Organization and General Provisions PDF

    Description

    Learn about the North Carolina Auctioneers Commission, its responsibilities, and the key terms associated with auctioneering. This quiz covers licensing requirements, office information, and definitions relevant to the auctioning process.

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