Tenn. Comp. R. & Regs. 0160 — Auctioneer Commission

Chapter 0160-01 Regulations of Auctioneers

Tenn. Comp. R. & Regs. 0160-01-.01 DUTIES OF PRINCIPAL OR PUBLIC AUTOMOBILE AUCTIONEER

The principal or public automobile auctioneer shall be responsible for the advertising and management of the sale and account for all proceeds therefrom and shall, over his or her signature, issue a closing statement to the seller or sellers.

History

• Authority: T.C.A. § 62-19-106.
• Administrative History: Original rule certified June 7, 1974. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.16 REPEALED

History

• Authority: T.C.A. §§ 62-19-102, 62-19-106, and 62-19-111.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Repeal filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.17 CHARITY AUCTION EXEMPTION

(1) An individual or entity may claim an exemption from licensure under T.C.A. § 62-19-103(4) as it relates to auctions on behalf of a political party, church, or charitable corporation or association, provided that any such individual or entity providing auction services shall not be compensated, and 100% of the net proceeds of such sale shall be donated to such political party, church, or charitable organization or association.

(2) Any organization registered with the Secretary of State as a charitable corporation as required by T.C.A. § 48-101-504(a), or exempt from the registration requirement pursuant to T.C.A. § 48-101-502, or any organization granted an exemption from taxation pursuant to the provisions of 26 U.S.C. § 501(c)(3) of the Internal Revenue Code shall be considered a charitable corporation or association for the purpose of T.C.A. § 62-19-103(4).

History

• Authority: T.C.A. §§ 62-19-103 and 62-19-106.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

Tenn. Comp. R. & Regs. 0160-01-.02 UNLAWFUL REBATES

It shall be unlawful for a person licensed under the provisions of this act to rebate any part of his or her commission to any person or persons not holding a real estate license or any auctioneer license.

History

• Authority: T.C.A. § 62-19-106.
• Administrative History: Original rule certified June 7, 1974. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.03 REPEALED

History

• Authority: T.C.A. § 62-1906.
• Administrative History: Original rule certified June 7, 1974. Repeal filed August 18, 1976; effective September 17, 1976.

Tenn. Comp. R. & Regs. 0160-01-.04 REPEALED

History

• Authority: T.C.A. § 62-1906.
• Administrative History: Original rule certified June 7, 1974. Repealed by Public Chapter 261; effective July 1, 1983.

Tenn. Comp. R. & Regs. 0160-01-.05 PUBLICATION OF NAME

(1) All advertising of an auction sale must be made in the name and license number of the licensee who shall bear responsibility of the sale to the seller, general public and auctioneer commission.

(2) All advertising shall include the name of the principal or public automobile auctioneer, and the principal or public automobile auctioneer shall attend all auction sales.

History

• Authority: T.C.A. §§ 62-19-102, 62-19-106, 62-19-111, and 62-19-125.
• Administrative History: Original rule certified June 7, 1974. Amendment filed August 18, 1976; effective September 17, 1976. Amendment filed March 15, 1993; effective April 29, 1993. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.06 DATES OF EXAMINATIONS

The Commission shall, in conjunction with the current contractor, administer the examination on the dates provided by the contractor.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-111.
• Administrative History: Original rule certified June 7, 1974. Amendment filed August 18, 1976; effective September 17, 1976. Amendment filed March 1, 1978; effective March 31, 1978. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Repeal and new rule filed October 15, 2008; effective December 29, 2008. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-01-.07 REPEALED

History

• Authority: T.C.A. §§ 61-1906 and 62-19-106.
• Administrative History: Original rule certified June 7, 1974. Repeal filed February 28, 2001; effective May 14, 2001.

Tenn. Comp. R. & Regs. 0160-01-.08 REPEALED

History

• Authority: T.C.A. §§ 61-1906 and 62-19-106(b).
• Administrative History: Original rule certified June 7, 1974. Repeal filed January 30, 2008; effective April 14, 2008.

Tenn. Comp. R. & Regs. 0160-01-.09 ASSISTANTS

Any person acting as ringman, or bid spotter, at personal property sales, such as cattle sales, auction houses, auto sales, and real estate sales shall not be required to be licensed under this act and shall be directly responsible to the auctioneer in charge. The principal auctioneer shall be responsible for that person’s conduct and representation.

History

• Authority: T.C.A. §§ 62-19-102 and 61-19-106(b).
• Administrative History: Original rule certified June 7, 1974. Repeal and new rule filed January 30, 2008; effective April 14, 2008.

Tenn. Comp. R. & Regs. 0160-01-.10 AUCTION SCHOOLS

(1) In order to be approved by the Auctioneer Commission (for the purpose of providing instruction required by T.C.A. § 62-19-111 for a bid caller, affiliate, or principal auctioneer license), an auction school must:

(a) Execute an application on the form prescribed by the Commission, accompanied by a description of the school’s curriculum;

(b) Have a permanent business location;

(c) Conduct a minimum of fifty (50) hours of classroom or online instruction, including sixteen (16) hours in basic fundamentals, and at least twenty-five (25) hours under the supervision of a licensed auctioneer with at least three (3) years of experience;

(d) Maintain a pass/fail grading system, with a supplementary “good/fair/poor” designation;

(e) Provide instruction in public speaking, bid calling, sales management, advertisements, contracts, closing statements, license law, the Uniform Commercial Code, bulk sales and firearms; and (f) Demonstrate every two (2) years that it has met the requirements of the Tennessee Higher Education Commission (or the equivalent thereof in another state).

(2) In order to be approved by the Auctioneer Commission (for the purpose of providing instruction required by T.C.A. § 62-19-111 for an automobile auctioneer license), an auction school must:

(a) Execute an application on the form prescribed by the Commission, accompanied by a description of the school’s curriculum;

(b) Have a permanent business location;

(c) Conduct a minimum of fifteen (15) hours of rigorous classroom or online instruction in automobile auctioneering, including instruction in ethics of automobile auctions, registration and licensing of motor vehicles, transfers of title and registration, and rules and statutes relating to public automobile auctions; and (d) Demonstrate every two (2) years that it has met the requirements of the Tennessee Higher Education Commission (or the equivalent thereof in another state).

History

• Authority: T.C.A. §§ 62-19-106(b) and 62-19-111.
• Administrative History: Original rule filed May 12, 1982; effective June 28, 1982. Amendment filed November 23, 1988; effective January 7, 1989. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Repeal and new rule filed October 15, 2008; effective December 29, 2008. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.11 CIVIL PENALTIES

(1) With respect to any person required to be licensed by the Commission, the Commission may assess a civil penalty against such person, in addition to or in lieu of any other lawful disciplinary action, for a separate violation of a statute, rule, or order pertaining to the Commission in the amount of 0–$1,000.00.

(2) Each day of a continued violation under paragraph (1) constitutes a separate violation.

(3) The Commission’s administrative director and investigator, acting on behalf of the Commission, may issue citations to unlicensed individuals or entities in accordance with T.C.A. § 62-19-126 in the amount of 0–$2,500.00.

(4) In determining the amount of any penalty to be assessed pursuant to this rule, the Commission may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation and the risk of harm to the public;

(d) The economic benefits gained by the violator as a result of non-compliance; and (e) The interest of the public.

History

• Authority: T.C.A. §§ 56-1-308, 62-19-106, 62-19-112, and 62-19-126.
• Administrative History: Original rule filed August 26, 1986; effective November 29, 1986. Amendment filed February 16, 1990; effective April 2, 1990. Amendment filed February 28, 2001; effective May 14, 2001. Amendment filed October 15, 2008; effective December 29, 2008. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-01-.12 AFFILIATES - SPONSORS - SUPERVISION

(1) In order to be permitted to sponsor an affiliate auctioneer, a principal or public automobile auctioneer must be licensed for at least one (1) year and be in good standing with the Commission.

(2) Any affiliate auctioneer so sponsored shall be under the direct supervision of his or her sponsor or under the direct supervision of his or her non-sponsoring employer auctioneer if acting pursuant to paragraph (6).

(3) A sponsoring principal or public automobile auctioneer is to be responsible and accountable for the auctioneering activities of any affiliate auctioneer associated with such auctioneer.

(4) Any legal document relative to conducting, or offering to conduct, any auction shall be executed by a principal or public automobile auctioneer, or by an affiliate auctioneer with the approval of his or her sponsor so noted on the document.

(5) Any advertisement placed by an affiliate auctioneer must clearly and conspicuously identify the affiliate auctioneer as such, contain his or her license number and the name and license number of his or her sponsor.

(6) An affiliate auctioneer may be employed by a licensed principal or public automobile auctioneer who is not designated as the affiliate’s sponsor if the following terms and conditions are met:

(a) The affiliate auctioneer must first notify the Commission of such employment on a form approved by the Commission. The form shall include the written permission of the affiliate’s sponsor and shall contain the notarized signatures of the affiliate auctioneer, the sponsoring principal or public automobile auctioneer and the non-sponsoring employer principal or public automobile auctioneer;

(b) The non-sponsoring employer auctioneer must be currently licensed as a principal or public automobile auctioneer in the State of Tennessee and must be in good standing with the Commission; and (c) Any violation of this rule shall subject the affiliate auctioneer, the sponsoring principal or public automobile auctioneer and/or the non-sponsoring employer principal or public automobile auctioneer to disciplinary action by the Commission.

(7) An affiliate:

(a) May not execute a contract to conduct an auction without the approval of his or her sponsor noted on the document, but an affiliate may sign a contract in order to indicate he or she procured the client and the auction.

(b) May not sign a closing statement or have an escrow or trust account in his or her name as a depository for auction proceeds, but he or she may take part in the closing and settlement proceedings of an auction. An affiliate’s sponsoring auctioneer is responsible for keeping the account of and dispersing money received at an auction.

(c) May not call bids at an auction without the presence of his or her sponsor. An affiliate’s sponsor is responsible for all auctioning activities of the affiliate and must be physically present to monitor those activities.

(8) An affiliate shall provide the Tennessee Auctioneer Commission with sufficient proof that he or she has been active during the affiliateship. Each affiliate shall use a log as a means to keep track of his or her experience during the six (6) month affiliateship period. The log shall be completed and submitted with the application for a principal or public automobile auctioneer license, at the conclusion of the affiliateship.

(a) Points. An auction is divided into eight (8) parts. Each part has a point value assigned to it. Performance of any of the activities listed in paragraph (9) of this rule earns the affiliate the corresponding points. The details of these activities and their point values shall be included in an affiliate’s log. During the six (6) month affiliateship period, an affiliate shall obtain a minimum of 1,000 points in order to be eligible for a principal or public automobile auctioneer license. This is the substantial equivalent of working five (5) auctions from beginning to end.

(b) Sponsor’s Signature. A sponsoring principal or public automobile auctioneer shall acknowledge each auction activity recorded in his or her affiliate’s log, by signing and dating in the appropriate space after each entry of activity.

(c) Accumulating Points. An affiliate should make every effort to obtain and log experience in all phases of the auction business. An affiliate shall not submit a log with all of his or her experience concentrated in fewer than four (4) auction activities. The

purpose of the log is to indicate to the Commission that the affiliate has been fully exposed to the auction business and has participated in as many areas of the auction process as possible.

(9) An affiliate shall complete each of the following categories to receive points:

(a) Contracts: Complete and execute a contract with a seller (in accordance with subparagraph (7)(a) of this rule), twenty (20) points;

(b) Advertising: Write an inventory/create a newspaper ad/erect signs, twenty (20) points;

(c) Sale Preparation: Prepare an inventory for an auction or set up auction equipment, twenty (20) points;

(d) Bid Calling: Call bids at an auction, sixty (60) points;

(e) Bid Assistant/Working Ring: Work the ring at an auction for at least one (1) hour, forty (40) points;

(f) Clerking/Cashiering: Clerk at least thirty percent (30%) of an auction or collect money for at least thirty percent (30%) of an auction, twenty (20) points; and (g) Closing: Participate in balancing auction proceeds and assist in preparation of a closing statement, twenty (20) points.

History

• Authority: T.C.A. §§ 62-19-106, 62-19-111, and 62-19-112(b)(7).
• Administrative History: Original rule filed November 23, 1988; effective January 7, 1989. Amendment filed March 15, 1993; effective April 29, 1993. Amendment filed August 5, 1998; effective October 19, 1998. Amendment filed February 28, 2001; effective May 14, 2001. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.13 REPEALED

History

• Authority: T.C.A. §§ 62-19-106(b) and 62-19-116(c)(2).
• Administrative History: Original rule filed April 7, 1989; effective July 29, 1989. Repealed August 5, 1998; effective October 19, 1998.

Tenn. Comp. R. & Regs. 0160-01-.14 FEES

(1) Each application for licensure shall be accompanied by a nonrefundable application fee of fifty dollars ($50.00).

(2) Fees for the issuance of initial licensure and the renewal thereof shall be as follows:

(a) Principal Auctioneer License, one hundred seventy-five dollars ($175.00);

(b) Affiliate Auctioneer License, one hundred twenty-five dollars ($125.00);

(c) Bid Caller Auctioneer License, one hundred fifty dollars ($150.00);

(d) Public Automobile Auctioneer License, one hundred seventy-five dollars ($175.00);

(e) Public Automobile Auction License, one hundred seventy-five dollars ($175.00);

(f) Auctioneer Education and Recovery Account Fee, fifty dollars ($50.00); and (g) Replacement License, thirty-five dollars ($35.00).

(3) Licenses are valid for two (2) years from the date of their issuance and must be renewed on or before their expiration date. The Commission may, in its discretion, renew the license upon application within the sixty (60) days immediately preceding its date of expiration.

(4) A licensee shall pay a one-time fee of one hundred fifty dollars ($150.00) for the retirement of a principal auctioneer, affiliate auctioneer, or public automobile auctioneer license. An application for activation of a retired license shall be accompanied by an application fee of one hundred dollars ($100.00), the applicable license fee and the Auctioneer Education and Recovery Account fee.

History

• Authority: T.C.A. §§ 62-19-106, 62-19-111, and 62-19-116.
• Administrative History: Original rule filed July 14, 1989; effective August 28, 1989. Amendment filed March 15, 1993; effective April 29, 1993. Amendment filed August 5, 1998; effective October 19, 1998. Amendment filed February 28, 2001; effective May 14, 2001. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Amendments filed October 15, 2008; effective December 29, 2008. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-01-.15 NON-RESIDENT AUCTIONEER

(1) Disciplinary sanctions against a non-resident licensee imposed by the licensee’s home state or any other state shall be grounds for disciplinary action by the Commission in accordance with T.C.A. § 62-19-112 and these rules.

(2) Each application for a non-resident principal or public automobile auctioneer license shall be accompanied by documentation from a bank that includes the name and address of the bank, the account number of the non-resident principal or public automobile auctioneer’s escrow account and the signature and title of the bank officer issuing the documentation. The documentation shall further include a statement authorizing the Tennessee Auctioneer Commission, or its agents, to audit the escrow account.

History

• Authority: T.C.A. §§ 62-19-106, 62-19-112, and 62-19-117.
• Administrative History: Original rule filed April 16, 1992; effective May 31, 1992. Amendment filed February 28, 2001; effective May 14, 2001. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.18 ELECTRONIC MEDIA AUCTION LICENSE REQUIREMENT

(1) Any electronic media or computer-generated auction originating from within Tennessee shall conform to the requirements of Tennessee Code Annotated, Title 62, Chapter 19 et seq.

(Auctioneer Licensing Law) and the Rules of the Tennessee Auctioneer Commission.

History

• Authority: T.C.A. §§ 62-19-102 and 62-19-106.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

Tenn. Comp. R. & Regs. 0160-01-.19 TYPES OF AUCTIONS DEFINED

(1) Absolute auction/auction without reserve - An auction at which property put up for sale is sold to the highest bidder, where the seller may not withdraw the property from the auction after the auctioneer calls for bids unless no bid is made in a reasonable time, where the seller may not bid himself or through an agent, and where the seller will deliver marketable title.

(2) At auction/auction with reserve - An auction at which the seller or his agent reserves the right to establish a minimum bid, to accept or reject any and all bids, and to withdraw the property at any time prior to the completion of the sale by the auctioneer.

History

• Authority: T.C.A. § 62-19-106.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001.

Tenn. Comp. R. & Regs. 0160-01-.20 ADVERTISING GUIDELINES

(1) Advertising in any form that is designed to give notice of an upcoming auction must include the name and license number of the principal or public automobile auctioneer responsible for holding the sale.

(2) False, deceptive, misleading and untruthful advertising is expressly prohibited. Any advertisement or advertising shall be deemed to be false, deceptive, misleading or untruthful if it:

(a) Contains a misrepresentation of fact.

(b) Is misleading or deceptive because in its content or, in the context in which it is presented, it makes only a partial disclosure of relevant facts.

(c) Creates a false or unjustified expectation of the services to be performed.

(d) Contains any representation or claim that the advertising licensee in bad faith fails to perform.

(e) Advertises any auction using such descriptive words as “Urgent,” “Emergency,”

“Distress,” or any other word which connotes a liquidation of assets or that the buyers will, for some extraordinary reason, be in a position to reap some unusual bargain, without specifically disclosing the reason that the sale is “urgent,” the nature of the “emergency” or the cause of the “distress.” In a written advertisement, the reason, nature, and cause shall be set forth in a print size equal to the descriptive word used.

(f) Advertises any auction using descriptive words such as “Seized,” “Confiscated,”

“Forfeited,” or any other word which connotes a governmental action; the sale of items seized or taken by a government department, agency or commission; or that buyers will for some governmental reason be in a position to reap some unusual bargain, without specifically disclosing the exact nature of the governmental action. In a written advertisement, the nature of the governmental action shall be set forth in a print size equal to the descriptive word used.

(g) Advertises in bad faith an item for sale that the principal or public automobile auctioneer does not intend to offer for sale at the auction being advertised.

(3) Advertising for a sale at which some items will be auctioned with reserve and some items will be auctioned without reserve shall clearly and conspicuously indicate this fact to the public. In written advertisements for such a sale, the font size, style and case of the type used in publicizing the part of the sale to be held without reserve shall not differ from the font size, style and case used to publicize the part of the sale to be held with reserve.

(4) Any advertising or advertisement purporting or suggesting that an auction sale is being held in conjunction with or as a result of a bankruptcy proceeding, or that items to be sold at auction were previously purchased in connection with a bankruptcy proceeding, shall contain the bankruptcy court case number assigned by the court of jurisdiction for such proceeding.

(5) A principal or public automobile auctioneer shall not permit his or her name or license number to appear on any advertisement not in compliance with Tennessee Code Annotated, Title 62,

Chapter 19 et seq. (Auctioneer Licensing Law) and the Rules of the Tennessee Auctioneer Commission.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-118(c)(2).
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.21 DISCLOSURE OF BUYER’S PREMIUM

A principal or public automobile auctioneer shall disclose the existence and amount of any “buyer’s premium,” commission, or fee to be charged to buyers at an auction sale. Such disclosure shall be made in all advertising and orally announced immediately prior to the start of an auction.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-118(c)(2).
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.22 LATE RENEWAL OF LICENSE

(1) A licensee applying to renew a license after the date of expiration, but less than two (2) months after the expiration date thereof, shall pay, in addition to any fees required for renewal and satisfaction of any outstanding continuing education requirements, a penalty of fifty dollars ($50.00).

(2) A licensee applying to renew a license more than two (2) months after the expiration date thereof, but less than six months, shall submit an application for licensure, satisfy any outstanding continuing education requirements, and pay a penalty of one hundred and fifty dollars ($150.00).

(3) A licensee applying to renew a license six months or more after the expiration date thereof, but less than one (1) year, shall submit an application for licensure, satisfy any outstanding continuing education requirements and pay a penalty of two hundred dollars ($200.00).

(4) Upon written submission of good cause shown, the Commission may by a majority vote waive any or all of the penalties and requirements in paragraphs (1)–(3) of this rule, including but not limited to additional education requirements, or in lieu thereof impose such other reasonable conditions or requirements as it deems appropriate.

(5) A licensee delinquent in the renewal of a license for one (1) year or more shall reapply for licensure and satisfy all requirements for obtaining such license, including but not limited to re-examination and re-application.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-111.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.23 RETIREMENT OF LICENSE

(1) Upon written request and the appropriate fee as set forth in Rule 0160-01-.14 of these rules, an auctioneer or affiliate auctioneer may retire such auctioneer’s or affiliate auctioneer’s license.

(2) Only a license that is current and in good standing with the Commission may be retired. For the purposes of T.C.A. § 62-19-112(d) and this rule, “current and in good standing” shall mean the license is valid and unexpired, all applicable fees and any outstanding penalties have been paid by the licensee, the licensee has met all applicable continuing education requirements, and the licensee is not under any current disciplinary sanction.

(3) Expired licenses renewed pursuant to Rule 0160-01-.22 shall be deemed valid and unexpired for the purposes of this rule.

(4) No contribution to the Education and Recovery Account or continuing education shall be required of a licensee whose license is in retirement.

(5) A retired license may be activated upon submission to the Commission of a written application, the payment of the appropriate fees as set forth in Rule 0160-01-.14 and proof that the applicant has obtained at least six (6) hours of continuing education in the two (2) year period immediately preceding the date of application.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-112.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-01-.24 NOTIFICATION OF CHANGE OF INFORMATION

Within sixty (60) days of occurrence, a licensee shall notify the Commission in writing of any change in information previously submitted by the licensee to the Commission. Such information includes but is not limited to the licensee’s business address, auction escrow account data and the employment, termination or resignation of any affiliate.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-111.
• Administrative History: Original rule filed February 28, 2001; effective May 14, 2001. Amendments filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.25 PUBLIC AUTOMOBILE AUCTION AND PUBLIC AUTOMOBILE AUCTIONEER

LICENSE.

(1) Any individual desiring a license as a public automobile auctioneer shall submit an application on a form prescribed by the Commission, accompanied by a nonrefundable application fee, along with satisfactory proof that the applicant has:

(a) Reached at least eighteen (18) years of age;

(b) Served as an auctioneer for a period of two (2) years; and (c) Successfully completed, in addition to the education required by T.C.A. § 62-19- 111(b)(2), fifteen (15) hours of more rigorous classroom or online instruction in automobile auctioneering approved by the Commission.

(2) An applicant for a public automobile auction license shall submit an application on a form prescribed by the Commission, accompanied by a nonrefundable application fee, and accompanied by satisfactory proof that:

(a) The public automobile auction has a letter of compliance with local ordinances from the local zoning authority;

(b) The public automobile auction has garage keeper’s legal liability insurance in an amount not less than five hundred thousand dollars ($500,000);

(c) The public automobile auction has a surety bond of fifty thousand dollars ($50,000) issued by a licensed bonding company;

(d) The public automobile auction has a compiled financial statement prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application;

(e) The public automobile auction has a minimum net worth of one hundred thousand dollars ($100,000);

(f) The public automobile auction has a business telephone number in the public automobile auction’s name;

(g) The public automobile auction has a permanently installed professional business sign with letters which are at least eight (8) inches in height;

(h) The public automobile auction has a current business tax license as required by local law;

(i) The public automobile auction has displayed on its premises a valid motor vehicle dealer license from the Tennessee Motor Vehicle Commission issued in the name of the public automobile auction; and (j) The public automobile auction has displayed on its premises a valid license from the Tennessee Auctioneer Commission issued in the name of the public automobile auction.

History

• Authority: T.C.A. §§ 62-19-106, 62-19-111, and 62-19-128.
• Administrative History: Original rule filed October 15, 2008; effective December 29, 2008. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed December 6, 2024; effective March 6, 2025.

Tenn. Comp. R. & Regs. 0160-01-.26 ESCROW ACCOUNT REQUIREMENT

(1) All principal and public automobile auctioneers shall maintain or have written authorization from a principal or public automobile auctioneer granting access to an escrow or trustee account for all funds that belong to others coming into the auctioneer’s possession as a result of an auction sale.

(2) All principal or public automobile auctioneers shall be responsible for all funds deposited into an escrow or trustee account.

History

• Authority: T.C.A. §§ 62-19-106 and 62-19-112(b)(4).
• Administrative History: New rules filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.27 LIVESTOCK AUCTION SALES

(1) Pursuant to T.C.A. § 62-19-103(8), the provisions of Title 62, Chapter 19 do not apply to any livestock auction sale regulated by the United States Department of Agriculture Packers & Stockyards Administration, if the sale uses:

(a) The shipper’s proceeds account required by federal regulations; and (b) A principal or public automobile auctioneer licensed under T.C.A. §§ 62-19-101 et seq. and the rules promulgated thereunder.

(2) Any operator of a livestock auction sale that is not registered with and regulated by the Packers & Stockyards Administration shall not qualify for license exemption under T.C.A. § 62-19-103(8) and must be appropriately licensed.

(3) Any person acting outside of a livestock auction regulated by the Packers & Stockyards Administration shall be a licensed principal or public automobile auctioneer and is subject to all statutes and rules of the Tennessee Auctioneer Commission notwithstanding such person’s registration with the Packers & Stockyards Administration.

(4) Nothing in this rule shall be construed as exempting any person acting as or advertising or representing to be an auctioneer or affiliate auctioneer from the licensure requirements of T.C.A. § 62-19-102.

History

• Authority: T.C.A. §§ 62-19-102, 62-19-103, and 62-19-106.
• Administrative History: New rules filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-01-.28 EXPIRED

History

• Authority: T.C.A. §§ 62-19-102, 62-19-103, and 62-19-106.
• Administrative History: New rules filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Rule expired pursuant to Chapter 452, § 1 of the 2017 Public Acts, effective May 25, 2017.

Tenn. Comp. R. & Regs. 0160-01-.29 MILITARY APPLICANTS

(1) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d)(1) may:

(a) Be issued a license upon application and payment of all fees required for the issuance of a regular license of the same type if, in the opinion of the Commission, the requirements for licensure of such other state are substantially equivalent to that required in Tennessee; or (b) Be issued a temporary permit as described herein if the Commission determines that the applicant’s license does not meet the requirements for substantial equivalency, but that the applicant could perform additional acts, including—but not limited to— education, training, or experience, in order to meet the requirements for the license to be substantially equivalent. In that case, the Commission may issue a temporary permit upon application and payment of all fees required for issuance of a regular license of the same type which shall allow such person to perform services as if fully licensed for a set period of time that is determined to be sufficient by the Commission for the applicant to complete such requirements.

1. After completing those additional requirements and providing the Commission with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the date of the original issuance of the temporary permit and an expiration date as if the full license had been issued at that time.

2. A temporary permit shall be issued for a period of less than the length of a renewal cycle for a full license.

3. A temporary permit shall expire upon the date set by the Commission and shall not be subject to renewal except through the timely completion of the requirements for substantial equivalency as required by the Commission or by an extension of time granted for good cause by the Commission.

4. Should an extension to a temporary permit cause the permit to be in effect longer than the renewal cycle of a full license, then the holder of the temporary permit shall file a renewal application with such documentation and fees, including completion of continuing education, as are required by the Commission for all other renewals of a full license of the same type.

(2) Military education, training, or experience completed by a person described at T.C.A. § 4-3- 1304(d)(1)(B)(ii)(a)–(c) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the Commission under the Division of Regulatory Boards if such military education, training or experience is determined by the Commission to be substantially equivalent to the education, training, or experience required for the issuance of such license.

(3) Renewal:

(a) Any licensee who is a member of the national guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without:

1. Payment of late fees or other penalties;

2. Obtaining continuing education credits when:

(i) Circumstances associated with the person’s military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the Commission; or (ii) The person performs the licensed occupation as part of such person’s military duties and provides documentation sufficient to demonstrate such to the Commission.

3. Performing any other similar act typically required for the renewal of a license.

(b) The license shall be eligible for renewal pursuant to this paragraph for six (6) months from the person’s release from active duty.

(c) Any person renewing under this paragraph shall provide the Commission such supporting documentation evidencing activation as may be required by the Commission prior to renewal of any license pursuant to this paragraph.

History

• Authority: T.C.A. §§ 4-3-1304 and 62-19-106.
• Administrative History: New rules filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016.

Chapter 0160-02 Rules of Procedure for Hearing Contested Cases

Tenn. Comp. R. & Regs. 0160-02 Rules of Procedure for Hearing Contested Cases

RULES

OF THE TENNESSEE AUCTIONEER COMMISSION

For Rules of Procedure for Hearing Contested Cases see Rules of the Secretary of State, Chapter 1360- 04-01.

Authority: T.C.A. § 4-509. Administrative History: Original chapter filed November 22, 1978; effective January 8, 1979. Administrative correction made to chapter reference on November 28, 2022.

Chapter 0160-03 Continuing Education

Tenn. Comp. R. & Regs. 0160-03-.01 DEFINITIONS

As used in this chapter, unless the context otherwise requires, the following definitions are applicable:

(1) “Commission” shall mean the Tennessee Auctioneer Commission.

(2) “License” shall mean a license issued by the Tennessee Auctioneer Commission in accordance with T.C.A. § 62-19-111.

(3) “Licensee” shall mean any principal auctioneer, affiliate auctioneer, or public automobile auctioneer licensed in accordance with T.C.A. § 62-19-111. As used in this chapter, this definition does not include bid caller auctioneers.

(4) “Personal identification number” shall mean the number assigned to a continuing education program approved by the Commission.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7).
• Administrative History: Original rule filed August 5, 1998; effective October 9, 1998. Amendments filed April 13, 2020; effective July 12, 2020.

Tenn. Comp. R. & Regs. 0160-03-.02 PURPOSE

The purposes of this chapter are to prescribe the basic continuing education requirements of licensees pursuant to T.C.A. § 62-19-106(e), to establish criteria for evaluating whether or not credit shall be awarded and to what extent credit shall be awarded for participation in a continuing education program or other continuing education activity, to establish a method for course providers to report completion of a program by licensees and to otherwise provide for the effective administration of the continuing education requirements by the Commission.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7) and Public Acts of 1997, Chapter 91, § 5.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998.

Tenn. Comp. R. & Regs. 0160-03-.03 BASIC REQUIREMENTS

(1) All licensees must obtain six (6) hours of continuing education per renewal cycle in order to renew a license.

(2) A licensee attending a continuing education program shall provide the licensee’s name and license number to the education provider in writing on the education provider’s registration form for any Commission-approved continuing education program. If the licensee fails to follow the aforementioned requirement, the licensee shall not receive credit for attending the program from the Commission. Licensees shall also personally maintain proof of completion of each continuing education course for two (2) renewal cycles.

(3) Licensees will only receive credit for courses and programs approved by the Commission.

History

• Authority: T.C.A. § 62-19-106.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Amendments filed April 13, 2020; effective July 12, 2020. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-03-.04 QUALIFYING PROGRAMS

(1) In order to qualify for credit toward satisfaction of the continuing education requirements of T.C.A. § 62-19-106(e), a continuing education program must be a formal program of learning which contributes directly to the professional competence of the licensee.

(2) A sponsor of a continuing education program shall obtain approval from the Commission as provided in this chapter.

(3) Formal programs requiring attendance may only be considered for approval by the Commission if:

(a) An outline is prepared and preserved;

(b) The unit program is at least two (2) hours (1 credit hour = 50 minutes) in length;

(c) The program is conducted by an instructor, discussion leader or lecturer qualified in the opinion of the Commission by either education or experience or both; and (d) A record of registration and attendance is maintained and certified by the signatures of an authorized representative of the organization sponsoring the program.

(4) Subject to compliance with paragraphs one (1) through three (3) of this rule, the following may qualify as acceptable continuing education programs:

(a) University or college courses, provided that:

1. Successful completion of a semester or quarter length course will satisfy the continuing education requirement for the license renewal for which it is taken; and 2. The courses are relevant to the auction industry;

(b) Programs of auctioneer associations and organizations recognized by the Commission; and (c) Programs of other organizations and associations recognized by the Commission.

(5) Formal correspondence and other individual study programs which require registration and provide evidence of satisfactory completion may qualify for continuing education credit in an amount to be determined by the Commission.

(6) Continuing education credit will be allowed for service as an instructor, discussion leader or speaker at any program for which participants are eligible to receive continuing education credit. Credit for such service shall be allowed on the first presentation only, unless the program has been substantially revised. One (1) hour of instruction will equal one (1) hour of continuing education.

(7) Any program of continuing education not specifically mentioned by this rule may be submitted to the Commission for evaluation and approval.

(8) The Commission specifically reserves the right to approve or disapprove credit for continuing education claimed under this rule.

(9) Notwithstanding any provisions of these rules to the contrary, programs sponsored by the Commission qualify as acceptable continuing education programs. The Commission is exempted from all sponsor requirements; however, the Commission shall maintain for each program it sponsors a registration form on which licensees attending a program print and sign their names and license number(s). The Commission need not maintain a signed registration form for courses it sponsors over the internet.

(10) Notwithstanding any other provisions of these rules to the contrary the requirements of Rule

Tenn. Comp. R. & Regs. 0160-03-.05 SPONSORS

(1) The sponsor of any continuing education program shall apply for approval of such program by filing the form prescribed by the Commission at least thirty (30) days prior to the program being offered for continuing education credit. Such form shall include certification that the program sponsored will conform to the provisions of this chapter. The criteria the Commission will use to determine whether a program is acceptable and how many hours of credit will be awarded for continuing education activity is established in Rule 0160-03-.04 Qualifying Programs.

(2) The sponsor of each continuing education program shall keep detailed records including:

(a) The date and location of the program presentation;

(b) The names and qualifications of each instructor in resume format;

(c) A registration form on which licensees attending the program print and sign their names and license number(s); and (d) A written outline of the program agenda.

(3) The records required by paragraph two (2) of this rule shall be maintained for a period of five (5) years following the date of each program presentation at a location listed on the application form. If the location of said records changes, the sponsor shall notify the Commission in writing of the new location of said records.

(4) The sponsor of any continuing education program approved by the Commission may advise licensees of such approval and the number of continuing education hours for which the Board approved the course.

(5) The Commission shall assign a personal identification number to each continuing education program it approves. The sponsor of each program shall keep its personal identification number confidential except that the number shall be disclosed when reporting program attendees to the Commission in accordance with Rule 0160-03-.07 Control and Reporting System.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7) and Public Acts of 1997, Chapter 91, § 5.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998. Amendment filed January 30, 2008; effective April 14, 2008.

Tenn. Comp. R. & Regs. 0160-03-.06 WITHDRAWAL OF PROGRAM APPROVAL

Approval of any program may be withdrawn by the Commission if:

(1) The establishment or conduct of a program violates, or fails to meet the requirements of the provisions of this chapter or other applicable law;

(2) The information contained in the application for approval is materially inaccurate or misleading;

(3) The sponsor, an instructor, or any representative of the sponsor disseminates false or misleading information concerning any program or attendees of the program;

(4) The performance of the instructor is so deficient as to impair significantly the value of the program; provided, however, that the instructor shall receive written notice of the discovered deficiency and the opportunity to demonstrate satisfactory correction thereof;

(5) The sponsor fails to submit to the Commission the material required by Rule 0160-03-.07 Control and Reporting System within twenty (20) working days of the date of the completion of the program; and/or (6) A presentation of the program differs in substance from the materials submitted to the Commission for program approval.

History

• Authority: T.C.A. §§ 62-19-106, 62-19-111, and 62-19-112.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-03-.07 CONTROL AND REPORTING SYSTEM

(1) Within twenty (20) days of the completion of a sponsor’s program, the sponsor shall submit to the Commission the original report and any required corrections identifying the program and the licensees who attended by either:

(a) Transmitting the information electronically via computer; or (b) Supplying the information in any State approved data format with a label identifying the sponsor’s name and program name.

(2) The information data file shall include the following data elements:

(a) Program name;

(b) Sponsor name;

(c) Date program was conducted;

(d) Number of hours the Commission has determined would be awarded to a person attending the program; and (e) Name and license number of all attending licensees.

(3) Should any continuing education credit hours claimed in a submission by a sponsor be disapproved, the Commission shall notify the sponsor in writing of the reason for disapproval and allow a specified time for correction or explanation of any deficiency.

History

• Authority: T.C.A. § 62-19-106.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998. Repeal and new rule filed January 30, 2008; effective April 14, 2008. Amendments filed August 11, 2025; effective November 9, 2025.

Tenn. Comp. R. & Regs. 0160-03-.08 AUDITS

The Commission may conduct random audits of continuing education programs to ensure compliance with the provisions of this chapter.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7) and Public Acts of 1997, Chapter 91, § 5.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998.

Tenn. Comp. R. & Regs. 0160-03-.09 EXTENSION OF TIME

(1) The Commission may, upon written request by a licensee, extend the time within which a licensee must comply with the requirements of this chapter for reasonable and just causes.

(2) The grant of an extension by the Commission will result in the renewal of a license based on the condition that the licensee complete the continuing education requirement by the deadline established by the Commission. If the licensee fails to meet the continuing education requirement by the deadline established by the Commission or obtain another extension from the Commission, the licensee shall cease all activity requiring a license.

(3) Any licensee who requests and is granted an extension of time under this rule shall remain subject to the provisions of this chapter and shall note such extension on any report or correspondence thereafter submitted until the licensee is in compliance with the requirements of this chapter.

(4) If an extension of time is granted by the Commission without a deadline, the Commission shall review the extension every six (6) months for the purpose of determining whether good cause exists to continue such extension.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7) and Public Acts of 1997, Chapter 91, § 5.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998.

Tenn. Comp. R. & Regs. 0160-03-.10 FAILURE TO OBTAIN REQUIRED CONTINUING EDUCATION

(1) A licensee who is not granted an extension of time and who fails to obtain the required number of continuing education hours prior to the expiration date appearing on the license(s) shall be denied renewal of his or her license(s) until the Commission receives documentation, as provided in this chapter, indicating that he or she has obtained the required continuing education. Such a licensee shall be subject to the penalties and procedures for late renewal established at T.C.A. § 62-19-111.

(2) A licensee who is not granted an extension and who fails to obtain the required number of continuing education hours prior to the expiration date of the licensee’s license shall not engage in activity requiring a license under T.C.A., Title 62, Chapter 19 until or unless the Commission renews the relevant license after the licensee demonstrates that all requirements for renewal including the continuing education requirements have been met.

(3) Acting as an auctioneer on an expired license constitutes grounds for the assessment of civil penalties pursuant to Rule 0160-01-.11 Civil Penalties.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7) and Public Acts of 1997, Chapter 91, § 5.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998.

Tenn. Comp. R. & Regs. 0160-03-.11 COMITY

The Commission will deem a licensee to have met the continuing education requirements provided herein if the licensee provides to the Commission prior to the expiration of the license, or when applying for renewal, a written statement by the licensee affirming the following:

(1) That the licensee resides in another state or territory which has been recognized by the Commission as having continuing education requirements acceptable to the Commission; and (2) That the licensee has satisfied all continuing education and registration requirements of that state or territory.

History

• Authority: T.C.A. §§ 62-19-106(b), 62-19-106(e), 62-19-111, and 62-19-112(b)(7) and Public Acts of 1997, Chapter 91, § 5.
• Administrative History: Original rule filed August 5, 1998; effective October 19, 1998.