North Carolina Auctioneers Commission § 85B-3 PDF

**§ 85B-3. Auctioneers Commission.** a. There shall be a five-member North Carolina Auctioneers Commission having the powers and responsibilities set out in this Chapter. The Governor shall appoint the members of the Commission, at least three of whom, and their successors, may be from...

**§ 85B-3. Auctioneers Commission.** a. There shall be a five-member North Carolina Auctioneers Commission having the powers and responsibilities set out in this Chapter. The Governor shall appoint the members of the Commission, at least three of whom, and their successors, may be from nominations submitted by the Auctioneers Association of North Carolina. The Auctioneers Association shall submit, within 45 days of when the vacancy occurs, at least three names for each position for which it is entitled to make a nomination. Of the initial five members of the Commission one shall be appointed for a one-year term, two shall be appointed for two-year terms and two for three-year terms; thereafter, each new member shall be appointed for a term of three years. Any vacancy shall be filled for the remainder of the unexpired term only. Each member shall continue in office until his successor is appointed and qualified. No member shall serve more than two complete consecutive terms. b. At least three members of the Commission shall be experienced auctioneers who are licensed under this Chapter. One member shall be a person who shall represent the public at large and shall not be licensed under this Chapter. c. The Commission shall employ an executive director and other employees as needed to carry out the duties of this Chapter. All employees shall serve at the pleasure of the Commission. d. Any action that may be taken by the Commission may be taken by vote of any three of its members. e. The members of the Commission shall elect from among themselves a chairman to serve a one-year term. No person shall serve more than two consecutive terms as chairman. f. Repealed by Session Laws 1999-142, s. 1, effective October 1, 1999. g. Members of the Commission shall receive the compensation set for members of occupational licensing boards by G.S. 93B-5. (1973, c. 552, s. 3; 1975, c. 648, s. 1; 1983, c. 751, ss. 4, 5; 1991 (Reg. Sess., 1992), c. 819, s. 3; 1999-142, s. 1; 2008-138, s. 1.) **§ 85B-3.1. Auctioneers Commission; powers and duties.** a. The Commission shall have the following powers and duties: 1. To receive and act upon applications for licenses. 2. To issue licenses. 3. To deny, suspend, and revoke licenses pursuant to G.S. 85B-8. 4. To issue declaratory rulings. 5. To adopt rules for auctioneers and auctions that are consistent with the provisions of this Chapter and the General Statutes. b. The Commission may assess a civil penalty not in excess of two thousand dollars (\$2,000) for acts prohibited in G.S. 85B-8. All civil penalties collected by the Commission shall be remitted to the school fund of the county in which the violation occurred. Before imposing and assessing a civil penalty and fixing the amount thereof, the Commission shall, as a part of its deliberations, take into consideration the following factors: 6. The nature, gravity, and persistence of the particular violation. 7. The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment. 8. Whether the violation was willful. 9. Any other factors that would tend to mitigate or aggravate the violations found to exist. c. The Commission shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Commission for an encumbrance is limited to the assets, income, and revenues of the Commission. d. The Commission may purchase, rent, or lease equipment and supplies and purchase liability insurance or other insurance to cover the activities of the Commission, its operations, or its employees. (1999-142, s. 2; 1999-456, s. 23; 2001-198, s. 3.) **§ 85B-3.2. Criminal history record checks of applicants for licensure.** a. Definitions. -- The following definitions apply in this section: 1. Applicant. -- An applicant for initial licensure as an auctioneer, apprentice auctioneer, or auction firm. 2. Criminal history. -- A State or federal history of conviction of a crime, whether a misdemeanor or felony, that bears upon an applicant\'s fitness to be licensed as an auctioneer, apprentice auctioneer, or auction firm. b. The Commission shall ensure that the State criminal history of an applicant is checked. National criminal history checks are authorized for an applicant who has not resided in the State of North Carolina during the past five years. The Commission shall provide to the State Bureau of Investigation the fingerprints of the applicant to be checked, a form signed by the applicant to be checked consenting to the check of the criminal history and to the use of fingerprints and other identifying information required by the State or National Repositories, and any additional information required by the State Bureau of Investigation. c. All releases of criminal history information to the Commission are subject to, and shall comply with, rules governing the dissemination of criminal history record checks as adopted by the State Bureau of Investigation. All of the information the Commission receives through the checking of the criminal history is for the exclusive use of the Commission and shall be kept confidential. d. If the applicant\'s verified criminal history record check reveals one or more convictions of a crime that is punishable as a felony offense, or the conviction of any crime involving fraud or moral turpitude, the Commission may deny the applicant\'s license. However, the conviction does not automatically prohibit licensure, and the following factors shall be considered by the Commission in determining whether to deny licensure: 3. The level and seriousness of the crime. 4. The date of the crime. 5. The age of the person at the time of the crime. 6. The circumstances surrounding the commission of the crime, if known. 7. The nexus between the criminal conduct of the applicant and the applicant\'s duties as an auctioneer, apprentice auctioneer, or auction firm. 8. The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed. 9. The subsequent commission by the person of a crime. e. The Commission may deny licensure to an applicant who refuses to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories. f. The Commission shall notify the applicant of the applicant\'s right to review the criminal history information, the procedure for challenging the accuracy of the criminal history, and the applicant\'s right to contest the Commission\'s denial of licensure. The Commission shall collect any fees required by the State Bureau of Investigation and shall remit the fees to the State Bureau of Investigation for expenses associated with conducting the criminal history record check. (1999-142, s. 3; 2000-140, ss. 59(a), (b); 2001-198, s. 1; 2014-100, s. 17.1(o), (q); 2021-88, s. 7; 2023-134, s. 19F.4(yy).)