17 CAR pt. 240 | 17 CAR Part 240 — Rules of the Arkansas Auctioneer’s Licensing Board

Chapter XLIII

Subchapter A

Subpart 1

17 CAR § 240-101 Request for information {#sec-17-car-240-101 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-101}

17 CAR § 240-101. Request for information.

(a) The Auctioneer’s Licensing Board makes available a list of persons holding certain responsibilities for handling FOIA requests, licensing questions, and complaints against licensees so that the public may obtain information about the board or make submissions or requests.

(b) The names, mailing addresses, telephone numbers, and electronic addresses can be obtained by contacting the board’s office.

History

Codification Notes: “FOIA” means the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq. Authority: Arkansas Code § 17-17-207

17 CAR § 240-102 Official forms, policies, orders, and memoranda {#sec-17-car-240-102 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-102}

17 CAR § 240-102. Official forms, policies, orders, and memoranda.

The Auctioneer’s Licensing Board maintains a list of official forms used by the board and a list of all formal, written statements of policy and written interpretative memoranda, and orders, decisions, and opinions resulting from adjudications, which may be obtained from the board’s office.

17 CAR § 240-103 Copies {#sec-17-car-240-103 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-103}

17 CAR § 240-103. Copies.

Copies of all forms used by the Auctioneer’s Licensing Board, written statements of policy and written interpretive memoranda, and all orders issued by the board, excluding materials related to written and practical testing, may be obtained from the board’s office.

Subpart 2

17 CAR § 240-201 Description of organization {#sec-17-car-240-201 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-201}

17 CAR § 240-201. Description of organization.

(a) The officers of the Auctioneer’s Licensing Board shall be a chair and vice-chair.

(b)(1) The board shall elect officers from its membership at its first regular meeting of the year, and each officer shall serve for a term of one (1) year or until his or her successor is elected and duly qualified.

(2) If a vacancy occurs, the board shall elect a successor to complete the balance of the unexpired term of office.

17 CAR § 240-202 Meetings of the board {#sec-17-car-240-202 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-202}

17 CAR § 240-202. Meetings of the board.

(a) Regular meetings of the Auctioneer’s Licensing Board shall be held at least four (4) times each year at a time and place determined by the board.

(b) Other meetings of the board shall be called by the chair or upon the written request of two (2) board members.

(c) Meetings of the board shall be conducted in accordance with Robert’s Rules of Order except where such rules conflict with this part.

17 CAR § 240-203 Quorum {#sec-17-car-240-203 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-203}

17 CAR § 240-203. Quorum.

(a) Four (4) members of the Auctioneer’s Licensing Board shall constitute a quorum for the transaction of business.

(b) All official action of the board must be approved by the majority vote of the members present.

17 CAR § 240-204 Agenda {#sec-17-car-240-204 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-204}

17 CAR § 240-204. Agenda.

(a) The director will prepare the agenda for regular and special meetings.

(b) The agenda will be distributed to the Auctioneer’s Licensing Board members and made available to the public in advance of the meeting.

(c)(1) The agenda should state with specificity the items that will be considered at the meeting or hearing.

(2) The agenda should include the following topics, as applicable:

(A) Call to order;

(B) Review of minutes;

(D) New business;

(E) Other business;

(F) Adjudicatory hearings;

(G) Rulemaking hearings; and

(H) Public comment.

(3) The order of the agenda items is intended to be flexible and may be adjusted to meet the needs of the board.

(d) The agenda may be amended by appropriate motion.

17 CAR § 240-205 Amendment to rules {#sec-17-car-240-205 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-205}

17 CAR § 240-205. Amendment to rules.

(a) This part may be amended at any regular or special meeting of the Auctioneer’s Licensing Board, provided such proposed amendments have been submitted to all members of the board at least ten (10) days prior to the meeting at which the amendment is to be considered.

(b) The specified ten-day notice may be waived provided there is unanimous written consent of all board members.

(c) All requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall be complied with prior to the final adoption of an amendment to this part.

17 CAR § 240-206 Fiscal year of the board {#sec-17-car-240-206 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-206}

17 CAR § 240-206. Fiscal year of the board.

The fiscal year of the Auctioneer’s Licensing Board shall be from July 1 to June 30.

17 CAR § 240-207 List of licensees {#sec-17-car-240-207 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-207}

17 CAR § 240-207. List of licensees.

(a) The Auctioneer’s Licensing Board shall annually prepare a list of the names and addresses of all auctioneers licensed by it.

(b) This list shall contain the names of all persons whose licenses have been suspended or revoked within the preceding year as well as other information the board deemed relevant to the enforcement.

(c) A copy of this list may be obtained from the Executive Secretary by submitting a five-dollar fee payable by check or money order.

17 CAR § 240-208 Financial affairs {#sec-17-car-240-208 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-208}

17 CAR § 240-208. Financial affairs.

The current rules of the Department of Finance and Administration shall be followed in the financial affairs of the Auctioneer’s Licensing Board.

17 CAR § 240-209 Compensation {#sec-17-car-240-209 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-209}

17 CAR § 240-209. Compensation.

The Auctioneer’s Licensing Board members shall be compensated pursuant to Arkansas Code § 25-16-901 et seq.

Subpart 3

17 CAR § 240-301 General authority {#sec-17-car-240-301 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-301}

17 CAR § 240-301. General authority.

(a) The Auctioneer’s Licensing Board has been authorized by the General Assembly to promulgate rules, see Arkansas Code § 17-17-207.

(b) The board follows the procedural requirement of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., in particular Arkansas Code §§ 25-15-203 and 25-15-204.

17 CAR § 240-302 Emergency rulemaking — Request {#sec-17-car-240-302 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-302}

17 CAR § 240-302. Emergency rulemaking — Request.

(a) The proponent of a rule may request the Auctioneer’s Licensing Board to adopt an emergency rule.

(b) In addition to the text of the proposed rule or amendment to an existing rule and any other information required by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the proponent will provide a written statement setting out the facts or circumstances that would support a finding of imminent peril to the public:

(1) Health;

(2) Safety; or

(3) Welfare.

17 CAR § 240-303 Emergency rulemaking — Action upon receipt of request {#sec-17-car-240-303 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-303}

17 CAR § 240-303. Emergency rulemaking — Action upon receipt of request.

(a) Upon receipt of the written statement requesting emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the Auctioneer’s Licensing Board will make an independent judgment as to whether the circumstances and facts constitute an imminent peril to the public health, safety, or welfare requiring adoption of the rule upon fewer than thirty (30) days’ notice.

(b)(1) If the board determines that the circumstances warrant emergency rulemaking, it will make a written determination that sets out the reasons for the board’s finding that an emergency exists.

(2) Upon making this finding, the board may proceed to adopt the rule without any prior notice or hearing, or it may determine to provide an abbreviated notice and hearing.

17 CAR § 240-304 Effective date of emergency rule {#sec-17-car-240-304 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-304}

17 CAR § 240-304. Effective date of emergency rule.

(a) The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Auctioneer’s Licensing Board finds that this effective date is necessary because of imminent peril to the public:

(1) Health;

(2) Safety; or

(3) Welfare.

(b) The board will file with the rule its written findings justifying the determination that emergency rulemaking is appropriate and, if applicable, the basis for the effective date of the emergency rule being less than ten (10) days after the filing of the rule pursuant to Arkansas Code § 25-15-204(e).

Subpart 4

17 CAR § 240-401 Purpose and use {#sec-17-car-240-401 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-401}

17 CAR § 240-401. Purpose and use.

(a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Auctioneer’s Licensing Board has authority.

(b) A petition for a declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner’s particular circumstances.

(c) A declaratory order is not the appropriate means of determining the conduct of another person or for obtaining a policy statement of general applicability from a board.

(d) A petition or declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner’s interest.

17 CAR § 240-402 Petition {#sec-17-car-240-402 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-402}

17 CAR § 240-402. Petition.

The process to obtain a declaratory order is begun by filing with the Auctioneer’s Licensing Board a petition that provides the following information:

(1) A caption that shall read: “Petition for Declaratory Order Before the Arkansas Auctioneer’s Licensing Board”;

(2) The name, address, telephone number, and facsimile number of the petitioner;

(3) The name, address, telephone number, and facsimile number of the attorney of the petitioner;

(4) The statutory provision or provisions, board rule or rules, or board order or orders on which the declaratory order is sought;

(5) A description of how the statute, rules, or orders may substantially affect the petitioner and the petitioner’s particular set of circumstances and the question or issue on which the petitioner seeks a declaratory order;

(6) The signature of the petitioner or petitioner’s attorney;

(7) The date; and

(8) A request for a formal hearing, if desired.

17 CAR § 240-403 Disposition {#sec-17-car-240-403 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-403}

17 CAR § 240-403. Disposition.

(a)(1) The Auctioneer’s Licensing Board may hold a hearing to consider a petition for a declaratory statement.

(2) If a hearing is held, it shall be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213 and the board’s rules for an adjudicatory hearing.

(b) The board may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts.

(c) Within ninety (90) days of the filing of the petition, the board will render a final order denying the petition or issuing a declaratory order.

Subpart 5

17 CAR § 240-501 License required {#sec-17-car-240-501 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-501}

17 CAR § 240-501. License required.

On and after July 1, 1989, it shall be unlawful for any person to act as an auctioneer or to advertise or to assume to act as an auctioneer within this state without a license issued by the Auctioneer’s Licensing Board.

17 CAR § 240-502 License not required {#sec-17-car-240-502 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-502}

17 CAR § 240-502. License not required.

(a) Auctioning own goods.

(1) An individual is not required to be a licensed auctioneer to auction his or her own goods.

(2) When one is auctioning his or her own goods without a license, that person must have a legal interest in all merchandise to be sold as one’s “own goods” and be able to immediately deliver possession of the goods.

(3) Consignment goods are not considered one’s “own goods”.

(b) Court-ordered or public authority. An auctioneer license is not required to conduct:

(1) An auction under the direction of a public authority;

(2) An auction pursuant to a judicial order or decree; or

(3) A sale by law required to be at auction.

(c) Nonprofit organization. An auctioneer license is not required for an auction conducted by or for a nonprofit organization.

(d) Livestock auction. An auctioneer license is not required for an individual who conducts the auction of livestock at a livestock auction facility.

(e) Internet auction. An auctioneer license is not required to conduct an auction over the internet by means of a website dedicated primarily to conducting auctions if the person conducting the auction is:

(1) Licensed as a used motor vehicle dealer and the property auction is within the scope of the license; or

(2) The owner of an e-commerce website or online marketplace that facilitates or provides consumer-to-consumer or business-to-consumer sales through the website or online marketplace and provides buyer and seller protections to the participants.

17 CAR § 240-503 Written contract {#sec-17-car-240-503 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-503}

17 CAR § 240-503. Written contract.

(a) Written contract required.

(1) Any agreement to provide auctioneer services shall be reflected in a written contract.

(2) A contract may be a simple written agreement but shall include the following:

(A) Date of agreement;

(B) Specific date, time, and location of auction;

(D) Commission charged;

(E) Other expenses;

(F) Signatures of auctioneer or auction house owner and seller or sellers;

(G) Whether the auction is absolute or with reserve; and

(H) Amount of any buyer’s premium to be charged.

(b) Contract must be signed before the auction is conducted. The auction must not be held prior to obtaining the auction contract.

17 CAR § 240-504 Advertising {#sec-17-car-240-504 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-504}

17 CAR § 240-504. Advertising.

(a) Absolute auction.

(1) Any auction which is to be an absolute auction shall be listed as such in advertisements for that auction.

(2) If an auction is advertised as absolute, all high bids must be accepted and ownership transferred.

(b) License number required. Any auctioneer or auction house owner who advertises to hold or conduct an auction shall include in such advertisement:

(1) His or her or its name and designate whether the auctioneer or auction house owner;

(2) Business address;

(3) License number; and

(4) Such other reasonable information deemed necessary or appropriate for such sale.

17 CAR § 240-505 Auctions — Required procedures — Standards for auction {#sec-17-car-240-505 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-505}

17 CAR § 240-505. Auctions — Required procedures — Standards for auction.

(a) Board-authorized to attend auctions. Auctioneer’s Licensing Board members or employees shall have the authority to attend any auction for the purpose of checking records of an auction and for any other purpose.

(b) Settlement of proceeds made within ten (10) days. Settlement of any money received from the auction of another person’s goods shall be made within ten (10) business days of the auction.

17 CAR § 240-506 Maintaining records of auction {#sec-17-car-240-506 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-506}

17 CAR § 240-506. Maintaining records of auction.

All auctioneers or auction house owners shall maintain records of the auctions for a period of three (3) years.

17 CAR § 240-507 Escrow accounts {#sec-17-car-240-507 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-507}

17 CAR § 240-507. Escrow accounts.

(a) Funds in a separate account.

(1) An auctioneer/auction house owner shall be required to place any funds belonging to someone else in an account separate from his or her personal or business account.

(2) This separate account is called an “escrow account” and is required of persons who handle the funds of others, see Arkansas Code § 17-17-308(4).

(b) Only one (1) escrow account is required, and money from several auctions may be placed in it at one time.

Subpart 6

17 CAR § 240-601 Payment to recovery fund {#sec-17-car-240-601 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-601}

17 CAR § 240-601. Payment to recovery fund.

(a) Each auctioneer shall pay to the Auctioneer’s Licensing Board, at the time of initial licensure and at each annual renewal, a recovery fund fee of one hundred dollars ($100), in addition to all other fees assessed.

(b)(1) Payment of this fee shall continue until such time as the Auctioneer Education and Recovery Fund shall reach one hundred eighty thousand dollars ($180,000).

(2) All applicants for renewal and all new licensees shall pay one hundred dollars ($100) per year for a minimum of two (2) years and shall continue to pay until such time as the fund reaches one hundred eighty thousand dollars ($180,000).

(c) At the time the fund balance falls to one hundred thousand dollars ($100,000), or below, each licensee shall pay a proportionate amount established by the board until such time as the fund shall be restored to one hundred eighty thousand dollars ($180,000).

17 CAR § 240-602 Payment of damages {#sec-17-car-240-602 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-602}

17 CAR § 240-602. Payment of damages.

Damages from the Auctioneer Education and Recovery Fund may be paid upon request only if, after ordering a licensee to pay a specified amount to an aggrieved person or persons, the licensee fails to do so within thirty (30) calendar days and the order has not been appealed.

17 CAR § 240-603 Requirements for payment {#sec-17-car-240-603 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-603}

17 CAR § 240-603. Requirements for payment.

In order to receive payment from the Auctioneer Education and Recovery Fund, an aggrieved party must submit a request for payment, which request must contain:

(1) Amount requested to be paid;

(2) Name and address of payee;

(3) Complaint number; and

(4) Notarized, signed statement setting forth whether any amounts have been paid to the aggrieved party by licensee.

17 CAR § 240-604 Board may award only compensatory damages {#sec-17-car-240-604 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-604}

17 CAR § 240-604. Board may award only compensatory damages.

(a) The Auctioneer’s Licensing Board’s jurisdiction and authority to award damages to an aggrieved party from the Auctioneer Education and Recovery Fund is limited to actual, compensatory damages.

(b) The board shall not award punitive or exemplary damages, nor shall it award interest on damages.

17 CAR § 240-605 Award limitation {#sec-17-car-240-605 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-605}

17 CAR § 240-605. Award limitation.

The Auctioneer’s Licensing Board shall not pay in excess of fifteen thousand dollars ($15,000) for:

(1) Any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in the violation or continuing series of violations;

(2) The acts of any one (1) licensee; or

(3) Any group of related claims.

17 CAR § 240-606 Discretion of the board {#sec-17-car-240-606 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-606}

17 CAR § 240-606. Discretion of the board.

It shall be a matter solely within the discretion and judgment of the Auctioneer’s Licensing Board whether certain violations constitute a continuing series of violations or a group of related claims.

Subpart 7

17 CAR § 240-701 General {#sec-17-car-240-701 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-701}

17 CAR § 240-701. General.

All Auctioneer’s Licensing Board action regarding licensure shall be governed by the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq. and, when applicable, Arkansas Code §§ 25-15-208 – 25-15-213.

17 CAR § 240-702 Requirement to keep current address on file {#sec-17-car-240-702 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-702}

17 CAR § 240-702. Requirement to keep current address on file.

(a) All auctioneers or auction house owners holding a license issued by the Auctioneer’s Licensing Board are required to provide the board with written notice of any change in business address, primary mailing address, or email address within thirty (30) days of the change.

(b) Upon receipt of a notice of change of business address, the board shall issue a new license for the unexpired period of time.

17 CAR § 240-703 Prelicensure criminal background check {#sec-17-car-240-703 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-703}

17 CAR § 240-703. Prelicensure criminal background check.

(a)(1) Pursuant to Arkansas Code § 17-3-103, an individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be obtained.

(2) The individual must obtain the prelicensure criminal background check petition from the Auctioneer’s Licensing Board.

(b)(1) The board will respond with a decision in writing to the completed petition within two (2) weeks of receipt of all required documentation.

(2) The board’s response will state the reason or reasons for the decision.

(c) All decisions of the board in response to a prelicensure criminal background check petition are not subject to appeal.

(d) The board will retain a copy of the petition and response and it will be reviewed during the formal application process.

17 CAR § 240-704 Applicant qualifications {#sec-17-car-240-704 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-704}

17 CAR § 240-704. Applicant qualifications.

(a) Each applicant for a license shall make application to the Auctioneer’s Licensing Board upon a form and in such a manner as the board may require at least thirty (30) days prior to the date of examination.

(b) Each applicant shall:

(1)(A) Be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public.

(B) In furtherance of this requirement, each applicant shall provide two (2) letters of reference to the board that indicate the applicant is well-known to the individual and that he or she bears a good reputation for honesty, truthfulness, and integrity;

(2) Be at least eighteen (18) years of age;

(3) Provide a completed application;

(4) Provide a completed individual record check form;

(5) Provide a completed Federal Bureau of Investigation fingerprint card;

(6) Enclose a check or money order for an examination fee of one hundred dollars ($100);

(7) Enclose a check or money order for a license fee of one hundred dollars ($100) (if applying for reciprocity see subdivision (b)(10) of this section);

(8) Enclose a check in the appropriate amount as provided by the board office made payable to “Arkansas Auctioneer’s Licensing Board” for a state background check;

(9) Enclose a check in the appropriate amount as provided by the board office made payable to the Division of Arkansas State Police for a federal background check;

(10) Enclose a check or money order for the recovery fund fee of one hundred dollars ($100);

(11) Enclose a current photograph full-face, passport-type two by two inch (2” x 2”) of head and shoulders taken within the past six (6) months; and

(12)(A) Submit to a criminal background check.

(B) All individuals seeking initial licensure as an auctioneer or an individual seeking reinstatement of licensure as an auctioneer in the State of Arkansas shall submit to a state and federal criminal background check.

(1) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102, the board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by:

(A) An affected applicant for a license; or

(B) An individual holding a license subject to revocation.

(2) The board may grant a waiver upon consideration of the following, without limitation:

(A) The age at which the offense was committed;

(B) The circumstances surrounding the offense;

(D) Subsequent work history since the offense was committed;

(E) Employment references since the offense was committed;

(F) Character references since the offense was committed;

(G) Relevance of the offense to the occupational license; and

(H) Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.

(3) A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.

(4) The board will respond with a decision in writing and will state the reasons for the decision.

(5) An appeal of a determination under this section will be subject to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(d) License fee waiver. The board shall waive the initial licensing fee if the applicant:

(1) Is receiving assistance through the:

(A) Arkansas Medicaid Program;

(B) Supplemental Nutrition Assistance Program;

(D) Temporary Assistance for Needy Families Program; or

(E) Lifeline Assistance Program;

(2) Was approved for unemployment within the last twelve (12) months; or

(3) Has an income that does not exceed two hundred percent (200%) of the federal poverty income guidelines.

17 CAR § 240-705 Exam requirements for licensing {#sec-17-car-240-705 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-705}

17 CAR § 240-705. Exam requirements for licensing.

(a) In addition to providing a completed application and fees required by 17 CAR § 240-704, applicants must pass separate written and oral examinations.

(b) An applicant for an unrestricted auctioneer license must pass each exam with a score of seventy percent (70%) or better.

(c) An applicant for an auction house or restricted auctioneer’s license must only take the written portion of the exam and pass it with a score of seventy percent (70%) or better.

17 CAR § 240-706 Auctioneer license types {#sec-17-car-240-706 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-706}

17 CAR § 240-706. Auctioneer license types.

(a) An unrestricted auctioneer’s license authorizes the licensee to conduct in-person or online auctions and estate sales.

(b)(1) A restricted auctioneer’s license only authorizes the licensee to conduct online auctions and estate sales.

(2) A license under this subsection shall not require a verbal examination.

(3) A restricted auctioneer’s license shall be expressly restricted to and designated for “Online Auctions and Estate Sales Only”.

(4) A holder of a restricted auctioneer’s license shall attest in writing to the license restrictions under subsection (b) of this section.

(c) If the owner of an auction house or the designated person of a corporation operating as an auction house and the auctioneer are one and the same, only one (1) auctioneer’s license need be obtained.

17 CAR § 240-707 Auction house license {#sec-17-car-240-707 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-707}

17 CAR § 240-707. Auction house license.

(a) An auction house license shall be issued in the name of one (1) person only.

(b) An auction house license does not authorize the named individual to “call” an auction.

(c) Continuing education hours for out-of-state corporations owning an auction house may be obtained by the general manager or designated person.

17 CAR § 240-708 Nonresident applicants {#sec-17-car-240-708 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-708}

17 CAR § 240-708. Nonresident applicants.

Every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the State of Arkansas in addition to all requirements listed in this subpart.

17 CAR § 240-709 Review of application {#sec-17-car-240-709 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-709}

17 CAR § 240-709. Review of application.

(a) The application and supporting documentation will be reviewed by the director.

(b)(1) If it is determined that the application is incomplete, the director will inform the applicant in writing and will specify why the application is incomplete.

(2) The application process will be suspended.

(3) When a completed application, a supplemental application, or the requested information is returned, the director will reinitiate action on the application for license.

17 CAR § 240-710 Duration of application {#sec-17-car-240-710 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-710}

17 CAR § 240-710. Duration of application.

(a) Applications are active for twelve (12) calendar months from the date the application is received in the Auctioneer’s Licensing Board office.

(b)(1) If the application process is not completed and the license issued in the twelve (12) months, an applicant may request board approval for an extension of the twelve-month application window.

(2) If an extension is not requested, or is denied, the application becomes void, and the individual must apply as any new applicant at any future date.

(c) If new requirements have been placed for applicants in the twelve-month window, the board may require that the new requirements be met within the extension period as part of the application extension approval.

(d) A second extension period will not be considered by the board.

17 CAR § 240-711 Record retention {#sec-17-car-240-711 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-711}

17 CAR § 240-711. Record retention.

Applications for licensure and supporting documentation will be maintained by the Auctioneer’s Licensing Board office for a period of three (3) years.

17 CAR § 240-712 Written examination for licensure {#sec-17-car-240-712 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-712}

17 CAR § 240-712. Written examination for licensure.

The Auctioneer’s Licensing Board shall establish the contents of the examinations for licensure and shall conduct an examination of applicants for licensure at least four (4) times each year at a time and place specified by the board.

17 CAR § 240-713 Work permit {#sec-17-car-240-713 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-713}

17 CAR § 240-713. Work permit.

The Auctioneer’s Licensing Board shall grant a license to an applicant who fulfills the Arkansas requirements for licensure and is a person who holds a federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit”.

Subpart 8

17 CAR § 240-801 Reciprocal applicant {#sec-17-car-240-801 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-801}

17 CAR § 240-801. Reciprocal applicant.

A person holding a license to engage in auctions issued to him or her by a proper authority of a state, territory, or possession of the United States of America or the District of Columbia, which other state has licensing requirements comparable to Arkansas, may upon application be licensed without further examination.

17 CAR § 240-802 Reciprocal applicant licensure {#sec-17-car-240-802 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-802}

17 CAR § 240-802. Reciprocal applicant licensure.

(a) Each applicant for a license through reciprocity shall make application to the Auctioneer’s Licensing Board upon a form and in such a manner as the board may require.

(b)(1) The applicant shall hold a substantially similar license in another United States jurisdiction.

(2) A license from another state is substantially similar to an Arkansas auctioneer license if the other state’s licensure requirements require a written examination demonstrating competency to act as an auctioneer.

(3) The applicant shall hold his or her auctioneer license in good standing.

(4) The applicant shall not have had a license revoked for:

(A) An act of bad faith; or

(B) A violation of law, rules, or ethics.

(5) The applicant shall not hold a suspended or probationary license in a United States jurisdiction.

(d) The applicant shall meet the requirements of 17 CAR § 240-704.

(e) Required documentation. An applicant shall submit a full executed application, the required fee, and the documentation described below:

(1) As evidence that the applicant’s license from another jurisdiction is substantially similar to Arkansas’s, the applicant shall submit the following information:

(A) Evidence of current and active licensure in that state; and

(B) Evidence that the other state’s licensure requirements match those listed in subdivision (b)(2) of this section; and

(2) To demonstrate that the applicant meets the requirement in subdivisions (b)(3) – (b)(5) of this section, the applicant shall provide the board with:

(A) The names of all states in which the applicant is currently licensed or has been previously licensed; and

(B) Letters of good standing or other information from each state in which the applicant is currently or has ever been licensed showing that the applicant:

(i) Has not had his or her license revoked for the reasons listed in subdivision (b)(4) of this section; and

(ii) Does not hold a license on suspended or probationary status as described in subdivision (b)(5) of this section; and

17 CAR § 240-803 Temporary and provisional license {#sec-17-car-240-803 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-803}

17 CAR § 240-803. Temporary and provisional license.

(a) The Auctioneer’s Licensing Board shall issue a temporary and provisional license immediately upon receipt of the:

(1) Application;

(2) Required fee; and

(3) Documentation required under 17 CAR § 240-802(e).

(b) The temporary and provisional license shall be effective until the board makes a decision on the application, unless the board determines that the applicant does not meet the requirements in 17 CAR § 240-802(b) and (c), in which case the temporary and provisional license shall be immediately revoked.

(1) Provide the rest of the documentation required above in order to receive a license; or

(2) Only provide the information necessary for the issuance of a temporary and provisional license.

17 CAR § 240-804 Reciprocal auctioneer license required {#sec-17-car-240-804 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-804}

17 CAR § 240-804. Reciprocal auctioneer license required.

If the owner of an auction house or the designated person of a corporation operating as an auction house and the auctioneer are one and the same, only one (1) auctioneer’s license need be obtained.

17 CAR § 240-805 Reciprocal auction house license {#sec-17-car-240-805 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-805}

17 CAR § 240-805. Reciprocal auction house license.

(a) An auction house license shall be issued in the name of one (1) person only.

(b) An auction house license does not authorize the named individual to “call” an auction.

17 CAR § 240-806 Reciprocal license fee {#sec-17-car-240-806 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-806}

17 CAR § 240-806. Reciprocal license fee.

The license fee applicable to a nonresident applicant from a state with which we have a reciprocal agreement shall be the same amount that such other reciprocal state charges auctioneers/auction house owners who are:

(1) Residents of this state; and

(2) Duly licensed in this state to obtain a license to conduct an auction in such other state.

17 CAR § 240-807 Special procedures for uniformed service members, veterans, and their spouses {#sec-17-car-240-807 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-807}

17 CAR § 240-807. Special procedures for uniformed service members, veterans, and their spouses.

(a) The Auctioneer’s Licensing Board shall grant automatic licensure to an individual who is the holder in good standing of a license with a similar scope of practice issued by another state, territory, or district of the United States and is:

(1) A uniformed service member, as defined by Arkansas Code § 17-4-103(4), stationed in the State of Arkansas;

(2) A uniformed service veteran who resides in or establishes residency in the State of Arkansas; or

(3) The spouse of:

(A) A person under subdivision (a)(1) or (a)(2) of this section;

(B) A uniformed service member who is assigned a tour of duty that excludes the uniformed service member’s spouse from accompanying the uniformed service member and the spouse relocates to this state; or

(C) A uniformed service member who is killed or succumbs to his or her injuries or illness in the line of duty if the spouse establishes residency in the state.

(b) The board shall grant automatic licensure upon receipt of all the below:

(1) Payment of the initial licensure fee;

(2) Evidence that the individual is a holder in good standing of a license with a similar scope of practice in another jurisdiction; and

(3) Evidence that the applicant is a qualified applicant under subsection (a) of this section.

17 CAR § 240-808 Automatic Occupational Licensure for Out-of-State Licensure Act, Arkansas Code § 17-7-101 et seq {#sec-17-car-240-808 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-808}

17 CAR § 240-808. Automatic Occupational Licensure for Out-of-State Licensure Act, Arkansas Code § 17-7-101 et seq.

(a) The Auctioneer’s Licensing Board shall grant automatic licensure to an applicant who:

(1) Is a resident of the State of Arkansas;

(2) Does not have a disqualifying criminal offense under Arkansas Code § 17-3-102 or any additional state law relating to auctioneers;

(3) Does not have a complaint, allegations, or violations pending for his or her auctioneering activity; and

(4) Meets the following requirements:

(A) Applicant shall be a holder in good standing for one (1) year of an auctioneer license with similar scope of practice issued by another state, territory, or district of the United States; or

(B) Applicant shall be an individual who worked for at least three (3) years in another state, territory, or district of the United States that does not use an occupational licensure to regulate auctioneers but is regulated by occupational licensure in this state.

(b)(1) An applicant shall meet all other auctioneer licensure requirements for a resident of this state and all renewal requirements of the auctioneer license, including without limitation a criminal background check and continuing education hours.

(2) All requirements must be completed prior to registration renewal.

Subpart 9

17 CAR § 240-901 Opportunity for hearing {#sec-17-car-240-901 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-901}

17 CAR § 240-901. Opportunity for hearing.

(a) Except for failure to pass the license examination, if a determination is made that the application should be denied, the Auctioneer’s Licensing Board will inform the applicant of the opportunity for a hearing on the application.

(b) The grounds or basis for the proposed denial of a license will be set forth in writing by the board.

17 CAR § 240-902 Hearing request {#sec-17-car-240-902 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-902}

17 CAR § 240-902. Hearing request.

(a) The applicant must request, in writing, a hearing on the denial of application within thirty (30) days of the denial notice.

(b) Any hearing on the denial of a license will be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213, and unless otherwise provide by law, the applicant has the burden of establishing entitlement to the license.

Subpart 10

17 CAR § 240-1001 Renewal of license {#sec-17-car-240-1001 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1001}

17 CAR § 240-1001. Renewal of license.

(a) All auctioneer licenses expire on June 30 of each year unless renewed.

(b) Applications for license renewal postmarked by June 30 shall include:

(1) A license renewal fee of one hundred dollars ($100); and

(2) Proof of required continuing education.

(c)(1) It is the policy of the Auctioneer’s Licensing Board to mail and send electronically a renewal notice to licensees at the last mailing address and email address on file with the board at least thirty (30) days prior to the expiration date of the license.

(2) Neither failure of the board to send such notice nor the licensee’s failure to receive such a notice shall excuse the requirement to timely renew and pay the renewal fee.

(d) Should a licensee not wish to renew a license, written notification should be sent to the board by the licensee prior to the expiration date of the license.

17 CAR § 240-1002 Denial of application for renewal {#sec-17-car-240-1002 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1002}

17 CAR § 240-1002. Denial of application for renewal.

An application for renewal of license may be denied if the auctioneer has:

(1) Been convicted in a court of competent jurisdiction of this or any other jurisdiction of a criminal offense involving a felony listed under Arkansas Code § 17-3-102 or any conduct which demonstrates:

(A) Bad faith;

(B) Dishonesty;

(D) Untruthfulness; or

(E) Deceptive practices; or

(2) Failed to submit proof of the continuing education requirements.

17 CAR § 240-1003 Late renewal — Grace period {#sec-17-car-240-1003 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1003}

17 CAR § 240-1003. Late renewal — Grace period.

(a) Auctioneers who fail to renew their license by June 30 shall have a grace period of thirty (30) days to renew their license.

(b) Applications for license renewal postmarked by July 31 shall include:

(1) A license renewal fee of one hundred dollars ($100); and

(2) Proof of required continuing education hours.

17 CAR § 240-1004 Late renewal notice {#sec-17-car-240-1004 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1004}

17 CAR § 240-1004. Late renewal notice.

(a) The Auctioneer’s Licensing Board shall notify any auctioneer who fails to renew his or her license by July 1 that the grace period for renewal ends on July 31.

(b) The notice shall be sent by first class and electronic mail to the addresses the licensee has on file with the board.

(c) Licensees shall be notified that after July 31 the licensee no longer holds a valid license to practice auctioneering in the state and that in order to renew after July 31, the licensee shall:

(1) Pay a late renewal penalty of two hundred dollars ($200); and

(2) Submit proof of the required continuing education.

17 CAR § 240-1005 Failure to renew license — Lapsed status {#sec-17-car-240-1005 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1005}

17 CAR § 240-1005. Failure to renew license — Lapsed status.

(a) Any license not renewed on or before July 31 shall be considered lapsed.

(b) The Auctioneer’s Licensing Board shall issue a final late renewal notice by first class and electronic mail, notifying licensees of the renewal requirements and the two-hundred-dollar late renewal penalty, for all licensees whose license has lapsed.

17 CAR § 240-1006 Reinstatement from lapsed status {#sec-17-car-240-1006 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1006}

17 CAR § 240-1006. Reinstatement from lapsed status.

(a) A lapsed license may be reinstated for a period of two (2) months following the July 31 deadline for license renewal.

(b) The lapsed licensee will be reinstated upon:

(1) Payment of the renewal fee;

(2) Payment of the late renewal penalty of two hundred dollars ($200); and

(3) Submission of required continuing education hours.

17 CAR § 240-1007 Revocation of lapsed license {#sec-17-car-240-1007 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1007}

17 CAR § 240-1007. Revocation of lapsed license.

(a) A license which has lapsed for two (2) months following the July 31 deadline shall be considered revoked for nonrenewal.

(b)(1) The Auctioneer’s Licensing Board will notify the auctioneer that the license has been revoked for nonrenewal effective October 1.

(2) The notice will be sent by first class and electronic mail.

(3) The auctioneer shall be advised that he or she may request a hearing before the board within thirty (30) days of receipt of the notice to contest the revocation.

(c) Following revocation for nonrenewal, the auctioneer must reapply for licensure pursuant to the rule for new applicants at the time of the new application for licensure.

17 CAR § 240-1008 License renewal — Special circumstances {#sec-17-car-240-1008 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1008}

17 CAR § 240-1008. License renewal — Special circumstances.

(a) Uniformed service members.

(1) The expiration date of a license of a deployed uniformed service member or spouse will be extended for one hundred eighty (180) days following the date the uniformed service member returns from deployment.

(2) A full exemption from continuing education requirements will be allowed for a deployed uniformed service member or spouse until one hundred eighty (180) days following the date the uniformed service member returns from deployment.

(b) Disaster relief. Individuals whose employment requires them to participate in disaster relief services, and who fail to renew due to disaster relief, shall be entitled to renew for the current renewal period with no continuing education hours but will be required to obtain twelve (12) hours of continuing education during the next year prior to the next renewal.

Subpart 11

17 CAR § 240-1101 Continuing education requirements generally {#sec-17-car-240-1101 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1101}

17 CAR § 240-1101. Continuing education requirements generally.

(a) As a prerequisite to renewal of an auctioneer license, the licensee shall satisfactorily complete six (6) hours of continuing education from an auctioneer continuing education course approved by the Auctioneer’s Licensing Board.

(b)(1) Correspondence courses may qualify for continuing education credit.

(2) Such correspondence course must be approved by the board.

17 CAR § 240-1102 Verification of continuing education hours {#sec-17-car-240-1102 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1102}

17 CAR § 240-1102. Verification of continuing education hours.

(a) The Auctioneer’s Licensing Board may verify any information concerning continuing education that is submitted by the licensee as evidence supporting the course information.

(b)(1) The board may require an applicant or applicants or a licensee to provide information regarding the continuing education hours claimed on the individual’s renewal.

(2) Failure to do so may lead to disciplinary action.

17 CAR § 240-1103 Evidence to support courses taken {#sec-17-car-240-1103 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1103}

17 CAR § 240-1103. Evidence to support courses taken.

(a)(1) It is the responsibility of each licensee to retain evidence to support the courses taken for a period of twelve (12) months after the end of the renewal period for which the renewal application is submitted to the Auctioneer’s Licensing Board.

(2) Such evidence may include, without limitation:

(A) Course attendance verification by the sponsor;

(B) Certificates of course completion; and

(b) This requirement shall not apply to courses offered by the board.

17 CAR § 240-1104. Application for continuing education course sponsor.

(a) Any request for the Auctioneer’s Licensing Board’s approval of an auctioneer continuing education course sponsor shall be by written application on a form provided by the board.

(b) Applicants for continuing education course sponsor shall submit the following information:

(1) Name, address, telephone number, and facsimile (FAX) number, if any, of the course sponsor;

(2) If the ownership of the course sponsor is a partnership, the names and addresses of the partners;

(3) If the ownership of the course sponsor is a corporation, the names and addresses of the officers and directors;

(4) If the ownership of the course sponsorship is a limited liability company, the names and addresses of the members and managers;

(5)(A) A course content outline describing the subjects to be offered during the approval period.

(B) All course sponsors are approved for a period of twelve (12) months;

(6) A statement that each instructor meets the qualifications required by 17 CAR §§ 240-1110 and 240-1111;

(7) A statement that the course sponsor shall provide the licensee who successfully completes an approved course with a certificate of course completion that meets the requirements of 17 CAR § 240-1109;

(8) A copy of the certificate of course completion required under 17 CAR § 240-1109; and

(9) A statement that any facility utilized by the course sponsor shall be at a location approved by the board.

17 CAR § 240-1105 Course curriculum approval required {#sec-17-car-240-1105 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1105}

17 CAR § 240-1105. Course curriculum approval required.

(a) All sponsors must submit a request for approval of speakers and an agenda to the Auctioneer’s Licensing Board for approval.

(b) The curriculum should include at least one (1) hour of law.

17 CAR § 240-1106. Course sponsor approval dates.

Sponsors of auctioneer continuing education courses shall be considered approved as of the date of approval by the Auctioneer’s Licensing Board, and therefore courses predating the approval date do not qualify.

17 CAR § 240-1107 Course outline {#sec-17-car-240-1107 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1107}

17 CAR § 240-1107. Course outline.

(a) A course outline shall be prepared and distributed to the attendees.

(b) The outline shall state the number of continuing education hours offered.

17 CAR § 240-1108 Course records {#sec-17-car-240-1108 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1108}

17 CAR § 240-1108. Course records.

(a) An approved auctioneer continuing education course sponsor must retain records of students who complete the course for a minimum of two (2) years.

(b) These records must include attendance records for all courses showing:

(1) Date;

(2) Place; and

(3) Attendee’s name.

17 CAR § 240-1109. Approved auctioneer continuing education sponsor — Certificate requirements.

Upon completion of a continuing education course, the approved auctioneer continuing education sponsor shall provide all attendees a course completion certificate that must include the following information:

(1) The name of the participant;

(2) The license number of the participant;

(3) The name, address, and signature of the sponsor;

(4) The course title;

(5) The course topic, if not reflected in the course title;

(6) The date and location of the course; and

(7) The number of approved actual course hours.

17 CAR § 240-1110 Instructor requirements {#sec-17-car-240-1110 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1110}

17 CAR § 240-1110. Instructor requirements.

Each instructor used by an approved auctioneer continuing education sponsor must have a minimum of two (2) years’ experience in the field in which that instructor is to teach.

17 CAR § 240-1111 Instructors — Prohibitions {#sec-17-car-240-1111 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1111}

17 CAR § 240-1111. Instructors — Prohibitions.

An auctioneer continuing education sponsor is prohibited from hiring, or retaining in its employ, an instructor who has:

(1) Had an auctioneer, auction company, or auction house license revoked or suspended by any jurisdiction;

(2) Obtained or used, or attempted to obtain or use, in any manner, Arkansas auctioneer licensing questions to be used on future examinations unless authorized by law;

(3) Been convicted of a crime that has a direct bearing on the individual’s ability to competently instruct, including, but not necessarily limited to, violations of auction laws and abuse of fiduciary responsibilities;

(4) Falsely certified hours of attendance or grades for any student; or

(5) Unless allowed by law, refused to appear and/or testify under oath at any hearing held by the Auctioneer’s Licensing Board.

17 CAR § 240-1112 Monitoring continuing education services {#sec-17-car-240-1112 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1112}

17 CAR § 240-1112. Monitoring continuing education services.

(a) Continuing education courses offered by an approved course sponsor may be monitored by the Auctioneer’s Licensing Board to ensure that participants are physically present for the duration of the course.

(b) In order to monitor a continuing education course, an approved course sponsor must do the following:

(1) Require the participants to sign in and out as they enter and exit the classroom, noting the time of arrival and departure;

(2) Ensure that order is maintained throughout the duration of the course;

(3) Maintain the attendance sheets to ensure their accuracy;

(4) Verify the participant’s signature upon the participant’s entrance and exit; and

(5) Distribute course completion certificates to participants who have been physically present for the duration of the course.

17 CAR § 240-1113 Information must be verified {#sec-17-car-240-1113 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1113}

17 CAR § 240-1113. Information must be verified.

(a) The Auctioneer’s Licensing Board may request:

(1) Verification of any information submitted by the licensee; and

(2) The licensee to submit evidence supporting the course credit claimed.

(b) Failure to do so shall subject a licensee to nonrenewal or suspension of license.

17 CAR § 240-1114 Failure to meet continuing education provisions {#sec-17-car-240-1114 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1114}

17 CAR § 240-1114. Failure to meet continuing education provisions.

A licensee who does not obtain the required number of continuing education hours during a one-year licensure period may cure that deficiency by taking them prior to renewal whereby all penalties and fees will be due and payable to the Auctioneer’s Licensing Board prior to renewal.

17 CAR § 240-1115 Board review of continuing education compliance {#sec-17-car-240-1115 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1115}

17 CAR § 240-1115. Board review of continuing education compliance.

If, as the result of an audit or other review, the Auctioneer’s Licensing Board determines that the continuing education hours a licensee has claimed do not meet the requirements of Arkansas Code § 17-17-311 and this part, the board shall notify the licensee of that determination.

17 CAR § 240-1116 Licensee may submit reasons for failure to comply {#sec-17-car-240-1116 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1116}

17 CAR § 240-1116. Licensee may submit reasons for failure to comply.

A licensee, who has been notified under 17 CAR § 240-1115 may within thirty (30) days submit information to the Auctioneer’s Licensing Board giving all the substantive reasons in support of the licensee’s position that an adequate number of hours has been obtained.

17 CAR § 240-1117 Seminar attendance {#sec-17-car-240-1117 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1117}

17 CAR § 240-1117. Seminar attendance.

Hours for continuing education may be obtained through attendance at seminars conducted by the following organizations:

(1) National Auctioneers Association;

(2) National Auctioneers Automobile Dealers Association;

(3) Any state association convention;

(4) Certified Auctioneers Institute; and

(5) Any state auctioneer’s licensing board.

17 CAR § 240-1118 Hours obtained by providing instructors {#sec-17-car-240-1118 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1118}

17 CAR § 240-1118. Hours obtained by providing instructors.

(a) In addition, a licensee may obtain continuing education hours by acting as an instructor at an accredited auction school.

(b) In order to be credited for hours as an instructor, a licensee must provide to the Auctioneer’s Licensing Board verification by a letter from the association or other entity that will verify the number of instructor hours.

17 CAR § 240-1119 Reciprocal hours {#sec-17-car-240-1119 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1119}

17 CAR § 240-1119. Reciprocal hours.

The Auctioneer’s Licensing Board will accept through reciprocity any continuing education hours from such other reciprocal state whether such hours be less or more than our state requirement, provided such other state will accept Arkansas’s continuing education hours.

Subpart 12

17 CAR § 240-1201 Composition of the Complaint Committee {#sec-17-car-240-1201 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1201}

17 CAR § 240-1201. Composition of the Complaint Committee.

The Complaint Committee shall consist of the Chair of the Auctioneer’s Licensing Board and any other member appointed by the chair.

17 CAR § 240-1202 Procedure for initiation of complaint {#sec-17-car-240-1202 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1202}

17 CAR § 240-1202. Procedure for initiation of complaint.

(a) Initiation.

(1) The formal investigation of a complaint against an auctioneer may be initiated when the complaint is in writing and filed with the Auctioneer’s Licensing Board.

(2) The complaint must contain a brief statement setting forth the allegations of fact and naming the auctioneer against whom the complaint is filed.

(b) Board initiation.

(1) The board may initiate an investigation upon its own motion when it has reason to believe a violation of Arkansas Code § 17-17-101 et seq., or a board rule may have occurred.

(2) Individual board members should utilize the written complaint method for complaints against individual auctioneers.

(1) The Complaint Committee may consider complaints only if the complaint was filed within one (1) year from the time the alleged complaint either occurred or was discovered.

(2) Any complaint not received within this time limit shall not be considered, and the complainant shall be so notified.

17 CAR § 240-1203 Procedure for investigation of complaint {#sec-17-car-240-1203 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1203}

17 CAR § 240-1203. Procedure for investigation of complaint.

(a) Notification of the respondent. Upon receipt of the complaint the Complaint Committee shall notify the auctioneer named in the complaint by certified or registered mail of the complaint and request a written response to the allegation or allegations.

(b) Investigation. Upon receipt of the auctioneer’s response or upon the expiration of the time period permitted for the licensee’s response, the Complaint Committee shall conduct any further inquiry or investigation which appears to be appropriate based upon the circumstances of the individual case.

(1) The investigative officer shall be a person designated by the Chair of the Auctioneer’s Licensing Board.

(2) The chair shall agree, or contract, to pay compensation to, or reimburse the expenses of, any person serving as investigative officer authorized by the Auctioneer’s Licensing Board.

(d) Investigative report.

(1) Upon completion of the investigation, the investigative officer shall provide a written report to the Complaint Committee the results of the investigation.

(2) The Complaint Committee will determine whether to:

(A) Initiate a full board hearing;

(B) Offer to the licensee an informal board hearing;

(D) Present to the board a request to dismiss the complaint.

(3) The report of the Complaint Committee shall be a summary of the results of the investigation and shall be presented to the board without naming the licensee.

17 CAR § 240-1204 Action by the board {#sec-17-car-240-1204 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1204}

17 CAR § 240-1204. Action by the board.

(a)(1) A majority vote of the Auctioneer’s Licensing Board shall be required to support the recommendation of the Complaint Committee to dismiss a complaint.

(2) If the board agrees with the determination of the Complaint Committee that the case should be dismissed, the complainant and the respondent shall be so notified.

(b) Additional evidence. If additional evidence of conduct contrary to the laws or rules governing auctioneers is presented within sixty (60) days after the matter has been closed with no action, the case may be reopened and acted upon under regular procedures.

(c) Action on complaint. If the Complaint Committee determines that the complaint presents sufficient evidence of a violation, it may offer to the licensee the following:

(1)(A) Formal disciplinary hearing.

(B) If the Complaint Committee determines that a formal disciplinary hearing is required, the hearing shall comply with the requirements of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;

(2)(A) Informal hearing.

(B) The Complaint Committee may offer, or the licensee may request, an informal hearing of a complaint before the board consisting of a face-to-face meeting between the licensee and the board to discuss the allegations of the complaint.

(C) Prior to an informal hearing the licensee must sign a consent statement agreeing to the terms and conditions of an informal hearing; or

(3)(A) Consent agreement.

(B) If the Complaint Committee determines that a consent agreement may be appropriate, the Complaint Committee shall authorize its attorney to enter into negotiations for a consent agreement subject to the board’s final approval.

17 CAR § 240-1205 Disqualification {#sec-17-car-240-1205 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1205}

17 CAR § 240-1205. Disqualification.

During a formal disciplinary hearing, any member of the Auctioneer’s Licensing Board, except the Chair of the Auctioneer’s Licensing Board, who served on the Complaint Committee, was involved in the investigation, or who initiated the complaint may be disqualified from participation in the hearing at the request of the respondent auctioneer.

17 CAR § 240-1206 Counter complaint {#sec-17-car-240-1206 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1206}

17 CAR § 240-1206. Counter complaint.

(a) The Auctioneer’s Licensing Board will not accept formal complaints from a respondent against a complainant during the course of an investigation of the initial complaint.

(b) Counter charges will only be considered after the disposition of the initial complaint.

Subpart 13

17 CAR § 240-1301 Scope {#sec-17-car-240-1301 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1301}

17 CAR § 240-1301. Scope.

(a) This subpart applies in all administrative adjudications conducted by the Auctioneer’s Licensing Board.

(b) This procedure is developed to provide a process by which the board formulates orders (for example, an order revoking a license to practice or imposing civil penalties).

17 CAR § 240-1302 Presiding officer {#sec-17-car-240-1302 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1302}

17 CAR § 240-1302. Presiding officer.

The Auctioneer’s Licensing Board shall preside at the hearing or may designate a hearing officer to preside at a hearing.

17 CAR § 240-1303 Appearances {#sec-17-car-240-1303 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1303}

17 CAR § 240-1303. Appearances.

(a) Any party appearing in any Auctioneer’s Licensing Board proceeding has the right, at his or her own expense, to be represented by counsel.

(b) The respondent may appear on his or her own behalf.

(d) Service on counsel of record is the equivalent of service on the party represented.

(e) On written motion served on the party represented and all other parties of record, the presiding officer may grant counsel of record leave to withdraw for good cause shown.

17 CAR § 240-1304 Consolidation {#sec-17-car-240-1304 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1304}

17 CAR § 240-1304. Consolidation.

If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings and would not unduly prejudice the rights of a party.

17 CAR § 240-1305 Notice to interested parties {#sec-17-car-240-1305 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1305}

17 CAR § 240-1305. Notice to interested parties.

If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that an absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.

17 CAR § 240-1306 Service of papers {#sec-17-car-240-1306 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1306}

17 CAR § 240-1306. Service of papers.

Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party’s representative at the last address of record.

17 CAR § 240-1307 Initiation and notice of hearing {#sec-17-car-240-1307 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1307}

17 CAR § 240-1307. Initiation and notice of hearing.

(a) An administrative adjudication is initiated by the issuance by the Auctioneer’s Licensing Board of a notice of hearing.

(b)(1) The notice of hearing will be sent to the respondent by United States mail, return receipt requested, restricted delivery to the named recipient or his or her agent.

(2) Notice shall be sufficient when it is so mailed to the respondent’s latest address on file with the board.

(3) Notice will be mailed at least thirty (30) days before the scheduled hearing.

(1) Statement of the time, place, and nature of the hearing;

(2) Statement of the legal authority and jurisdiction under which the hearing is to be held; and

(3) Short and plain statement of the matters of fact and law asserted.

17 CAR § 240-1308 Motions {#sec-17-car-240-1308 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1308}

17 CAR § 240-1308. Motions.

(a) All requests for relief will be by motion.

(b) Motions must be in writing or made on the record during a hearing.

(d)(1) The original written motion will be filed with the Auctioneer’s Licensing Board.

(2) When time allows, the other parties may, within three (3) days of the service of the written motion, file a response in opposition.

(e)(1) The presiding officer may conduct such proceedings and enter such orders as are deemed necessary to address issues raised by the motion.

(2) However, a presiding officer, other than the board, will not enter a dispositive order unless expressly authorized in writing to do so.

17 CAR § 240-1309 Answer {#sec-17-car-240-1309 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1309}

17 CAR § 240-1309. Answer.

A respondent may file an answer.

17 CAR § 240-1310 Discovery {#sec-17-car-240-1310 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1310}

17 CAR § 240-1310. Discovery.

(a) Upon written request, the Auctioneer’s Licensing Board will provide the information designated in Arkansas Code § 25-15-208(a)(3).

(b) Such requests should be received by the board at least ten (10) days before the scheduled hearing.

17 CAR § 240-1311 Continuances {#sec-17-car-240-1311 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1311}

17 CAR § 240-1311. Continuances.

(a) The Complaint Committee may grant a continuance of hearing for good cause shown.

(b)(1) Requests for continuances will be made in writing.

(2) The request must state the grounds to be considered and be made as soon as practicable and, except in cases of emergencies, no later than five (5) days prior to the date noticed for the hearing.

(1) Prior continuances;

(2) The interests of all parties;

(3) The likelihood of informal settlements;

(4) The existence of an emergency;

(5) Any objection;

(6) Any applicable time requirement;

(7) The existence of a conflict of the schedules of:

(A) Counsel;

(B) Parties; or

(8) The time limits of the request; and

(9) Other relevant factors.

(d) The Complaint Committee may require documentation of any grounds for continuance.

17 CAR § 240-1312 Hearing procedures {#sec-17-car-240-1312 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1312}

17 CAR § 240-1312. Hearing procedures.

(a) The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings provided, however, any presiding officer other than the Auctioneer’s Licensing Board shall not enter a dispositive order or proposed decision unless expressly authorized in writing to do so.

(b) All objections must be made in a timely manner and stated on the record.

(c) Parties have the right to participate or to be represented by counsel in all hearings or prehearing conferences related to their case.

(d) Subject to terms and conditions prescribed by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., parties have the right to:

(1) Introduce evidence on issues of material fact;

(2) Cross-examine witnesses as necessary for a full and true disclosure of the facts;

(3) Present evidence in rebuttal; and

(4) Upon request by the board, may submit briefs and engage in oral argument.

(e) The presiding officer is charged with maintaining the decorum of the hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly.

17 CAR § 240-1313 Order of the proceedings {#sec-17-car-240-1313 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1313}

17 CAR § 240-1313. Order of the proceedings.

The presiding officer will conduct the hearing in the following manner:

(1) The presiding officer will give an opening statement, briefly describing the nature of the proceedings;

(2) The parties are to be given the opportunity to present opening statements;

(3) The parties will be allowed to present their cases in the sequence determined by the presiding officer;

(4)(A) Each witness must be sworn or affirmed by the presiding officer, or the court reporter, and be subject to examination and cross-examination as well as questioning by the Auctioneer’s Licensing Board.

(B) The presiding officer may limit questioning in a manner consistent with the law; and

(5) When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments.

17 CAR § 240-1314 Evidence {#sec-17-car-240-1314 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1314}

17 CAR § 240-1314. Evidence.

(a) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law.

(b)(1) Stipulation of facts is encouraged.

(2) The Auctioneer’s Licensing Board may make a decision based on stipulated facts.

(c)(1) Evidence in the proceeding must be confined to the issues set forth in the hearing notice, unless:

(A) The parties waive their right to such notice; or

(B) The presiding officer determines that good cause justifies expansion of the issues.

(2) If the presiding officer decides to admit evidence outside the scope of the notice, over the objection of a party who did not have actual notice of those issues, that party, upon timely request, will receive a continuance sufficient to prepare for the additional issue and to permit amendment of pleadings.

(d)(1) A party seeking admission of an exhibit must provide twelve (12) copies of each exhibit at the hearing.

(2) The presiding officer must provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility.

(3) All exhibits admitted into evidence must be appropriately marked and be made part of the record.

(e)(1) Any party may:

(A) Object to specific evidence; or

(B) Request limits on the scope of the examination or cross-examination.

(2) A brief statement of the grounds upon which it is based shall accompany such an objection.

(3) The objection, the ruling on the objection, and the reasons for the ruling will be noted in the record.

(4) The presiding officer may rule on the objection at the time it is made or may reserve the ruling until the written decision.

(f)(1) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record.

(2) The party making the offer of proof for excluded oral testimony will briefly summarize the testimony or, with permission of the presiding officer, present the testimony.

(3) If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.

(g)(1) Irrelevant, immaterial, and unduly repetitive evidence will be excluded.

(2) Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs.

(h) Reasonable inferences. The finder of fact may base its findings of fact upon reasonable inferences derived from other evidence received.

17 CAR § 240-1315 Default {#sec-17-car-240-1315 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1315}

17 CAR § 240-1315. Default.

If a party fails to appear or participate in an administrative adjudication after proper service of notice, the Auctioneer’s Licensing Board may proceed with the hearing and render a decision in the absence of the party.

17 CAR § 240-1316 Subpoenas {#sec-17-car-240-1316 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1316}

17 CAR § 240-1316. Subpoenas.

(a)(1) At the request of any party, the Auctioneer’s Licensing Board shall issue subpoenas for the attendance of witnesses at the hearing.

(2) The requesting party shall specify whether the witness is also requested to bring documents and reasonably identify said documents.

(b)(1) A subpoena may be served by any person:

(A) Specified by law to serve process; or

(B) Who is not a party and who is eighteen (18) years of age or older.

(2) Delivering a copy to the person named in the subpoena shall make service.

(3) Proof of service may be made by affidavit of the person making service.

(4) The party seeking the subpoena shall have the burden of obtaining service of the process and shall be charged with the responsibility of tendering appropriate mileage fees and witness fees pursuant to Rule 45, Arkansas Rules of Civil Procedure.

(5)(A) The witness must be served at least two (2) days prior to the hearing.

(B) For good cause, the board may authorize the subpoena to be served less than two (2) days before the hearing.

17 CAR § 240-1317 Recording the proceedings {#sec-17-car-240-1317 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1317}

17 CAR § 240-1317. Recording the proceedings.

(a) The responsibility to record the testimony heard at a hearing is borne by the Auctioneer’s Licensing Board.

(b) Upon the filing of a petition for judicial review, the board will provide a verbatim transcript of testimony taken before the board.

17 CAR § 240-1318 Factors to be considered in imposing sanctions {#sec-17-car-240-1318 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1318}

17 CAR § 240-1318. Factors to be considered in imposing sanctions.

In addition to any other considerations permitted by the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., if applicable, the Auctioneer’s Licensing Board in imposing any sanction may consider the following:

(1) The nature and degree of the misconduct for which the licensee is being sanctioned;

(2) The seriousness and circumstances surrounding this misconduct;

(3) The loss or damage to clients or others;

(4) The assurance that those who seek similar professional services in the future will be protected from the type of misconduct found;

(5) The profit to the licensee;

(6) The avoidance of repetition;

(7) Whether the conduct was:

(A) Deliberate;

(B) Intentional; or

(8) The deterrent effect on others;

(9) The conduct of the individual during the course of the disciplinary proceeding;

(10) The professional’s prior disciplinary record, including warnings; and

(11) Matters offered by the professional in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the professional demonstrates that he or she is successfully pursuing in good faith a program of recovery.

17 CAR § 240-1319 Final order {#sec-17-car-240-1319 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1319}

17 CAR § 240-1319. Final order.

(a) The Auctioneer’s Licensing Board will serve on the respondent a written order that reflects the action taken by the board.

(b)(1) The order will include a recitation of facts found based on testimony and other evidence presented and reasonable inferences derived from the evidence pertinent to the issues of the case.

(2) It will also state conclusions of law and directives or other disposition entered against or in favor of the respondent.

(c)(1) The order will be served personally or by mail on the respondent.

(2) If counsel represents respondent, service of the order on respondent’s counsel shall be deemed service on the respondent.

Subpart 14

17 CAR § 240-1401 Violation of law or rules {#sec-17-car-240-1401 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1401}

17 CAR § 240-1401. Violation of law or rules.

The Auctioneer’s Licensing Board may impose a civil penalty or deny, suspend, refuse to renew, or revoke the license of any auctioneer or auction house owner for any of the following causes:

(1) For providing false or fraudulent information on an application;

(2) For obtaining a license through false or fraudulent representation;

(3) For making any substantial misrepresentation in an application for a license or renewal of license;

(4) For pursuing a continued and flagrant course of misrepresentation or making false promises through:

(A) Agents;

(B) Advertising; or

(5) For failing to account for or remit, within ten (10) business days, any money belonging to others that comes into his or her possession and for commingling funds of others with his or her own or failing to keep such funds of others in an escrow or trustee account;

(6) For conviction in a court of competent jurisdiction of this state or any other jurisdiction of a felony listed under Arkansas Code § 17-3-102;

(7) If the auctioneer/auction house owner demonstrates:

(A) Bad faith;

(B) Dishonesty;

(D) Untruthfulness; or

(E) Deceptive practices;

(8) For any violation of the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., or of any rule of the board;

(9) For a failure of a licensee to provide to the board any change of business address within thirty (30) days of such change;

(10) For failure to renew a license within the thirty-day grace period;

(11) For failing to enter into a written contract with the seller and furnish voluntarily to the seller at the time of execution copies of all written instruments prepared by the auctioneer/auction house owner, including the contract;

(12) For any other conduct that constitutes improper, fraudulent, or dishonest dealings, to include falsely accusing any auctioneer or auction house owner;

(13) For failing to complete or submit the continuing education requirements as specified by this subpart and the rules adopted by the board; or

(14) Submitting false information as to the receipt of continuing education.

17 CAR § 240-1402 Sanctions for false information {#sec-17-car-240-1402 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1402}

17 CAR § 240-1402. Sanctions for false information.

A licensee who submits false information under this subpart shall be subject to the sanctions provided for under Arkansas Code § 17-17-308.

Subpart 15

17 CAR § 240-1501 Sanctions {#sec-17-car-240-1501 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1501}

17 CAR § 240-1501. Sanctions.

After due notice and hearing, a person found to have violated provisions of the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., or 17 CAR § 240-1401 et seq., may have any one (1) or more of the following sanctions imposed upon him or her by the Auctioneer’s Licensing Board:

(1) Suspension, revocation, or denial of the license or the renewal thereof;

(2) A penalty not to exceed one thousand dollars ($1,000) for each violation;

(3) Conditions or restrictions placed upon the person’s license; or

(4) Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals.

17 CAR § 240-1502 Penalty in lieu {#sec-17-car-240-1502 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1502}

17 CAR § 240-1502. Penalty in lieu.

Whenever the Auctioneer’s Licensing Board finds that the holder of a license issued by it is guilty of a violation of this part or the laws of the State of Arkansas, it shall have the power and authority to impose a penalty on the licensee in lieu of suspension or revocation of the license.

17 CAR § 240-1503 Suspension of license pending payment of penalty {#sec-17-car-240-1503 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1503}

17 CAR § 240-1503. Suspension of license pending payment of penalty.

Upon imposition of a penalty in lieu of suspension or revocation, the Auctioneer’s Licensing Board may require that the license be suspended until the penalty is paid.

History

Cross Reference: Penalty in lieu, 17 CAR § 240-1502. Authorities: Arkansas Code § 17-17-114; Arkansas Code § 17-17-207; Arkansas Code § 17-17-308

17 CAR § 240-1504 Civil action by the board {#sec-17-car-240-1504 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1504}

17 CAR § 240-1504. Civil action by the board.

If any person upon whom the Auctioneer’s Licensing Board has levied a civil penalty fails to pay the civil penalty within thirty (30) days of the board’s decision to impose the penalty, the amount of the fine shall be considered to be a debt owed to the board and may be collected by civil action by the board.

17 CAR § 240-1505 Penalty for unlicensed person {#sec-17-car-240-1505 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1505}

17 CAR § 240-1505. Penalty for unlicensed person.

The Auctioneer’s Licensing Board may impose a civil penalty against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure pursuant to the provisions in this part.

17 CAR § 240-1506 Additional hours of continuing education may be required {#sec-17-car-240-1506 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1506}

17 CAR § 240-1506. Additional hours of continuing education may be required.

The Auctioneer’s Licensing Board shall have the authority to require additional continuing education hours for an auctioneer or auction house owner found in violation of the auctioneer law or this part.

17 CAR § 240-1507 Voluntary surrender of license {#sec-17-car-240-1507 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1507}

17 CAR § 240-1507. Voluntary surrender of license.

The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Auctioneer’s Licensing Board’s determination to accept the proffered surrender, rather than conducting a formal disciplinary proceeding.

17 CAR § 240-1508 Relicensure of a revoked or surrendered license {#sec-17-car-240-1508 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1508}

17 CAR § 240-1508. Relicensure of a revoked or surrendered license.

(a)(1)(A) No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the Auctioneer’s Licensing Board.

(B) The application for relicensure is not allowed until at least five (5) years after the revocation or surrender of license took effect.

(2) Exception. An individual or corporation whose auctioneer license or auction house license was revoked for nonrenewal only, may make application for licensure at any time pursuant to the rules for licensure in effect at the time of application.

(b) The applicant bears the burden of proof that he or she:

(1) Is rehabilitated following the revocation or surrender of his or her license;

(2) Can engage in the conduct authorized by the license without undue risk to the public:

(A) Health;

(B) Safety; and

(3) Is otherwise qualified for the license pursuant to the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq.

(1) Health;

(2) Safety; and

(3) Welfare.

(d) The board may require that the person seeking relicensure take the licensing examination and/or submit proof of continuing education hours.

Subpart 16

17 CAR § 240-1601 Requirements to provide information to the board {#sec-17-car-240-1601 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1601}

17 CAR § 240-1601. Requirements to provide information to the board.

Every person licensed under the provisions of the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., shall upon request make available to the Auctioneer’s Licensing Board or its duly authorized representative any information which the board requires to verify compliance of the licensee with all provisions of the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., and this part.

17 CAR § 240-1602 Severability {#sec-17-car-240-1602 omnilex-key=us-ar-regs-official--title-17-part-240--17 CAR § 240-1602}

17 CAR § 240-1602. Severability.

This part being for the regulation of the business of auctioneers and the protection of the public, the provisions hereby are declared to be severable and the invalidity of any rule, clause, sentence, paragraph, or section hereof shall not affect the validity of the remainder thereof.