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JANUARY 2023 NCALB ALERT.pdf

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Subject: JANUARY 2023 NCALB ALERT JANUARY 2O23 NCALB ALERT FREE CONTINUING EDUCATION COURSES NCALB is funding multiple continuing education opportunities that are free for licensed NC Auctioneers and Designated Persons of licensed NC Auction Firms to attend. 4-hour programs will be conducted in-per...

Subject: JANUARY 2023 NCALB ALERT JANUARY 2O23 NCALB ALERT FREE CONTINUING EDUCATION COURSES NCALB is funding multiple continuing education opportunities that are free for licensed NC Auctioneers and Designated Persons of licensed NC Auction Firms to attend. 4-hour programs will be conducted in-person in Albemarle, Conover, and Williamston in March and April. One of those is also available to licensees online via Zoom. 6 other 2-hour CE courses will be available via Zoom on various dates between late February and late April. The CE sponsor conducting these free CE opportunities for NCALB is the Auctioneers Association of North Carolina. Registration information is available through AANC's website at https://www.northcarolinaauctioneers.org/events/ CONTINUING EDUCATON EXEMPTION: Auctioneers who are at least 65 years old and have been continuously licensed in North Carolina for at least the previous five years are exempt from Continuing Education requirements for annual license renewal purposes. Eligible Auctioneers are certainly welcome and encouraged to take CE courses, regardless of the exemption. The CE exemption does not apply to Auction Firm Designated Persons, unless they are otherwise exempted licensed Auctioneers, as described above. Additionally, any licensed Auctioneer or Auction Firm Designated Person experiencing a hardship may submit a written request to the Board for a CE waiver for the next license renewal period. Waiver requests must be in written form and detail the reason(s) for the request. Waiver requests are considered by the Board on a case-by-case basis. PLEASE BE PRUDENT IN YOUR BUSINESS RELATIONSHIPS Already in 2023, the NCALB office has received numerous inquiries from licensed auctioneers regarding solicitations they have received for auction assistance that appear suspicious. Any invitation asking licensees to "just be the auctioneer of record" for live or online auctions should be cautiously investigated. Previous examples involved "luxury" personal property. The most recent issue involves potential auctions of real estate. An immediate red flag sometimes arises when a recruiter tells auctioneers that they will “pay you to use your license” for advertisements, or again, "just be the auctioneer of record." Inquiries have been made regarding both personal property and real property auction sales. An early concern should be whether or not the person or entity seeking to engage a licensee is also required to possess a license in North Carolina. Under 21 NCAC 04B .0404(a)(5), it is a violation to engage in auctioneering activity on behalf of an unlicensed auction firm. Regarding active NC licensees in good standing: 1 - You are responsible for your own license. Whether opportunities emerge in a manner similar to the scenarios above or otherwise, please always be careful to ensure that you follow North Carolina’s laws and rules regarding auctioneering, and that you do not find yourself in a situation where issues may develop involving your auction - with or without your direct knowledge. 2 - If you encounter something suspicious, please let us know. You are encouraged to call the NCALB office at (919) 567-2844 anytime with questions. Though we cannot give legal advice, staff will be happy to discuss general questions with you and point you to the applicable laws/rules. Of course and as always, you may also wish to consult your own legal counsel. Thank you, NCALB Staff

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