21 NCAC Section .01 Organization and General Provisions PDF

**SECTION.0100 - ORGANIZATION AND GENERAL PROVISIONS** **21 NCAC 04B.0101 PURPOSE** \(a) It is the responsibility of the Board to license auctioneers, apprentice auctioneers, and auction firms and ensure that the qualifications and activities of those engaged in auctioneering activities comply wit...

**SECTION.0100 - ORGANIZATION AND GENERAL PROVISIONS** **21 NCAC 04B.0101 PURPOSE** \(a) It is the responsibility of the Board to license auctioneers, apprentice auctioneers, and auction firms and ensure that the qualifications and activities of those engaged in auctioneering activities comply with G.S. 85B. (b) The Board is not a board of arbitration and has no jurisdiction to settle disputes between parties concerning the rate of commissions, the division of commissions, or pay of assistants. *History Note: Authority G.S. 85B-3.1; Eff. November 1, 1984;* **21 NCAC 04B.0102 BOARD OFFICE** a. The administrative offices of the Board are located at: b. The Board\'s website is www.ncalb.org. c. Office hours are 8:30 a.m. until 5:00 p.m., Monday through Friday, excluding State holidays as set forth in 25 NCAC 01E.0901, which is hereby incorporated by reference including subsequent amendments. *History Note: Authority G.S. 85B-3.1;* **21 NCAC 04B.0103 DEFINITIONS** Whenever used in this Chapter: 1. \"Auction house,\" \"auction barn,\" or \"auction gallery\" shall mean an auction business that conducts auctions at a single location and where consignments are brought to the location by either the auctioneer/auction firm or the public to be sold at auction. 2. \"Auctioneers Law\" or \"licensing law\" shall refer to G.S. 85B. 3. \"Board\" shall mean the North Carolina Auctioneers Commission. 4. \"Buyer\'s Premium\" shall mean any additional charge owed by a buyer to the auctioneer, auction firm, or to the seller above the highest accepted bid amount. 5. \"Course\" shall mean the curriculum, instruction, and activities of schools of auctioneering subject to the rules of this Subchapter. 6. \"Minimum Bid\" shall mean minimum opening bids. 7. \"Principal(s)\" as it pertains to auction firms shall mean director(s), officer(s), owner(s), and partner(s). 8. \"Sole Proprietor Auction Business\" shall mean a licensed auctioneer whose business is not defined as an \"Auction Firm\" as set forth in G.S. 85B-1(6). *History Note: Authority G.S. 85B-1; 85B-3.1; 85B-4;* **21 NCAC 04B.0104 ADMINISTRATIVE LAW PROCEDURES** a. Contested Cases. Administrative hearings in contested cases conducted by the Board or an administrative law judge as authorized in G.S. 150B-40(e) shall be governed by: 1. Article 3A of G.S. 150B; 2. the Rules of Civil Procedure as contained in G.S. 1A-1; and 3. the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes. b. Declaratory Rulings. Petitions for declaratory rulings shall be submitted to the Board and shall contain: 4. the petitioner\'s name, address, and telephone number; 5. the statute, rule, or order to which the request relates; 6. all facts and information that the petitioner considers relevant to the request; 7. a statement of the manner in which petitioner has been aggrieved; and 8. a statement as to whether the petitioner desires to present oral argument, not to exceed 30 minutes, to the Board prior to its decision. A. the petition does not comply with this Rule; B. the Board has issued a declaratory ruling on the same facts; C. the Board has issued a final agency decision in a contested case on the same facts; D. the facts underlying the request for a declaratory ruling were considered at the time of the adoption of a rule or order in question; or E. the subject matter of the request is involved in pending litigation. c. Petitions For Rule-Making. In addition to the procedures set out in G.S. 150B-20, petitions for rule-making shall be submitted to the Board and shall contain: 9. the petitioner\'s name, address, and telephone number; (2) a draft of the proposed rule adoption or amendment; and \(3) the effect of the proposal on existing rules. *History Note: Authority G.S. 85B-3.1; 150B-4; 150B-20; 150B-38(h); Eff. November 1, 1984;*