reglab/housing_qa huggingface dataset:
NC Gen Stat § 85B-4.2 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.2 - Grounds for payment; notice and application to Commission.

 85B-4.2. Grounds for payment; notice and application to Commission.An aggrieved person who has suffered a monetary loss as a direct result of the conversion of funds or property or other fraudulent act or conduct by a licensed auctioneer, apprentice auctioneer, or auction firm shall be eligible to seek compensation from the Fund subject to the limitations of this Chapter and the amount of loss which is otherwise unrecoverable provided that:(1) The aggrieved person has sued the licensee in a court of competent jurisdiction and has filed with the Commission written notice of such lawsuit within 60 days after its commencement unless the total loss claimed excluding attorneys' fees is less than two thousand five hundred dollars ($2,500), in which case the notice may be filed within 90 days after the termination of all judicial proceedings, including appeals;(2) The aggrieved person has obtained final judgment in a court of competent jurisdiction against the licensee based upon conversion or other fraudulent conduct arising out of a transaction which occurred when the licensee was licensed by the Commission and was acting in a capacity for which a North Carolina license is required, which judgment shall show the amount owed the aggrieved person;(3) The aggrieved person was not engaged in any act or conduct for which an auctioneer license is required and was not acting in violation of any of the laws of the State of North Carolina or of the United States; and(4) Execution on the judgment has been issued and has been returned unsatisfied in whole or in part.Upon the termination of all judicial proceedings including appeals, and for a period of one year thereafter, a person eligible for recovery may file a verified application with the Commission for payment out of the Fund of the amount remaining unpaid upon the judgment which represents the actual and direct loss sustained by reason of conversion or other fraudulent conduct. A certified copy of the judgment and return of execution shall be attached to the application and filed with the Commission. The applicant shall serve upon the judgment debtor a copy of the application and shall file with the Commission an affidavit or certificate of service, in accordance with the procedures specified by rule by the Commission. (1983, c. 603, s. 2; 1989, c. 732, s. 3; 1991 (Reg. Sess., 1992), c. 819, s. 6.)
NC Gen Stat § 85B-4.3 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.3 - Hearing; required showing.

 85B-4.3. Hearing; required showing.Upon application by an aggrieved person, the Commission shall conduct a hearing and the aggrieved person shall be required to show that:(1) The person is not a spouse of the judgment debtor or a person representing such spouse;(2) The person gave notice of the lawsuit as required by G.S. 85B-4.2;(3) The person is making application not more than one year after termination of all judicial proceedings, including appeals, in connection with the judgment;(4) The person has complied with all requirements of this Article;(5) The person has obtained a judgment as described in G.S. 85B-4.2;(6) The person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets subject to be sold or applied in satisfaction of the judgment;(7) That by a search the person has discovered no real or personal property or other assets subject to be sold or applied, or has discovered certain of them, describing them, but that the amount realized was insufficient to satisfy the judgment, stating the amount realized and the balance remaining due on the judgment after application of the amount realized; and(8) The person has diligently pursued available remedies including attempted execution on the judgment against all the judgment debtors and the execution has been returned unsatisfied. In addition to that, the person knows of no assets of the judgment debtor and has attempted collection from all other persons who may be liable in the transaction for which payment is sought from the Fund if there are any other persons. (1991 (Reg. Sess., 1992), c. 819, s. 7.)
NC Gen Stat § 85B-4.4 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.4 - Response and defense by Commission and judgment debtor; proof of conversion or other fraudulent act.

 85B-4.4. Response and defense by Commission and judgment debtor; proof of conversion or other fraudulent act.(a) When the Commission proceeds upon an application as set forth in this Article, counsel for the Commission may defend action on behalf of the Fund and shall have recourse to all appropriate means of defense, including the examination of witnesses. The judgment debtor may personally defend the action and shall have recourse to all appropriate means of defense, including the examination of witnesses. Within 30 days after service of the application, counsel for the Commission and the judgment debtor may file responses setting forth answers and defenses. Responses shall be filed with the Commission and copies shall be served upon every party by the filing party. If at any time it appears there are no triable issues of fact and the application for payment from the Fund is without merit, the Commission shall dismiss the application. A motion to dismiss may be supported by affidavit of any person having knowledge of the facts and may be made on the basis that the application or the judgment referred to does not form a basis for meritorious recovery under G.S. 85B-4.2, that the applicant has not complied with the provisions of this Article, or that the liability of the Fund with regard to the particular licensee or transaction has been exhausted; provided, however, notice of such motion shall be given at least 10 days prior to the time fixed for hearing.(b) Whenever the judgment obtained by an applicant is by default, stipulation, or consent, or whenever the action against the licensee was defended by a trustee in bankruptcy, the applicant, for purposes of this Article, shall have the burden of proving the cause of action for conversion of funds or property or other fraudulent conduct. Otherwise, the judgment shall create a rebuttable presumption of conversion or other fraudulent conduct. (1991 (Reg. Sess., 1992), c. 819, s. 8.)
NC Gen Stat § 85B-4.5 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.5 - Determination of certain small claims without a prior judicial determination.

 85B-4.5. Determination of certain small claims without a prior judicial determination.Notwithstanding any other provisions of this Chapter, the Commission may, in its discretion, order that payment be made from the Fund, without requiring a prior judicial determination in any case where:(1) The total loss claimed by the claimant is two thousand five hundred dollars ($2,500) or less;(2) The amount of alleged loss is readily ascertainable rather than speculative in nature;(3) The alleged loss is one that is otherwise compensable under this Chapter;(4) The claimant filed a properly notarized complaint with the Commission not more than one year following the date of the alleged wrongful act or conduct of the licensee; and(5) The Commission, in its discretion, determines that, based upon the evidence presented, justice would be better served by allowing compensation to be paid without first requiring the aggrieved party to obtain a judgment from a court of competent jurisdiction. (1991 (Reg. Sess., 1992), c. 819, s. 9.)
NC Gen Stat § 85B-4.6 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.6 - Order directing payment out of Fund; compromise of claims.

 85B-4.6. Order directing payment out of Fund; compromise of claims.(a) Applications for payment from the Fund shall be heard and decided by a majority of the members of the Commission. If, after a hearing, the Commission finds that the claim should be paid from the Fund, the Commission shall enter an order requiring payment from the Fund of whatever sum the Commission shall find to be payable upon the claim in accordance with the limitations contained in this Article.(b) Subject to Commission approval, a claim based upon the application of an aggrieved person may be compromised; however, the Commission shall not be bound in any way by any compromise or stipulation of the judgment debtor. (1991 (Reg. Sess., 1992), c. 819, s. 10.)
NC Gen Stat § 85B-4.7 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.7 - Limitations; pro rata distribution; attorneys' fees.

 85B-4.7. Limitations; pro rata distribution; attorneys' fees.(a) Payments from the Fund shall be subject to the following limitations:(1) The right to recovery under this Article shall be forever barred unless timely notice is given as required by G.S. 85B-4.2(a)(1) and application is made within one year after termination of all proceedings, including appeals, in connection with the judgment.(2) The Fund shall not be liable for more than ten thousand dollars ($10,000) per transaction regardless of the number of persons aggrieved.(3) The liability of the Fund shall not exceed in the aggregate ten thousand dollars ($10,000) for any one licensee within a single calendar year, and in no event shall it exceed in the aggregate twenty thousand dollars ($20,000) for any one licensee.(4) The Fund shall not be liable for payment of any judgment awards of consequential damages, multiple or punitive damages, civil penalties, incidental damages, special damages, interest, costs of court or action, or other similar awards.(b) If the maximum of the Fund is insufficient to pay in full the valid claims of all aggrieved persons whose claims relate to the same transaction or to the same licensee, the amount for which the Fund is liable shall be distributed among the claimants in a ratio that their respective claims bear to the total of such valid claims or in a manner the Commission deems equitable. Upon petition of the Commission, the Commission may require all claimants and prospective claimants to be joined in one proceeding so that the respective rights of all claimants to the Fund may be equitably resolved. (1991 (Reg. Sess., 1992), c. 819, s. 11.)
NC Gen Stat § 85B-4.8 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.8 - Repayment to Fund; automatic suspension of license.

 85B-4.8. Repayment to Fund; automatic suspension of license.Should the Commission pay from the Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of the licensee shall be automatically suspended upon the effective date of the order authorizing payment from the Fund. The licensee shall not be eligible for consideration for reinstatement until repayment in full, plus interest at the legal rate as provided for in G.S. 24-1, the amount paid from the Fund. (1991 (Reg. Sess., 1992), c. 819, s. 12.)
NC Gen Stat § 85B-4.9 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.9 - Subrogation of rights.

 85B-4.9. Subrogation of rights.When the Commission has paid from the Fund any sum to the judgment creditor, the Commission shall be subrogated to all of the rights of the judgment creditor to the extent of the amount paid and the judgment creditor shall assign all his right, title, and interest in the judgment to the extent of the amount paid to the Commission and any amount and interest recovered by the Commission on the judgment shall be deposited in the Fund. (1991 (Reg. Sess., 1992), c. 819, s. 13.)
NC Gen Stat § 85B-4.10 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.10 - Waiver of rights.

 85B-4.10. Waiver of rights.The failure of an aggrieved person to comply with this Chapter shall constitute a waiver of any rights hereunder. (1991 (Reg. Sess., 1992), c. 819, s. 14.)
NC Gen Stat § 85B-4.11 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.11 - Persons ineligible to recover from Fund.

 85B-4.11. Persons ineligible to recover from Fund.No licensee who suffers the loss of any commission from any transaction in which the licensee was acting in the capacity of an auctioneer, apprentice auctioneer, or auction firm shall be entitled to make application for payment from the Fund for the loss. Likewise, any person who suffers any monetary loss as a result of a joint business venture of any sort with a licensee shall not be entitled to be compensated from the Fund for the loss. (1991 (Reg. Sess., 1992), c. 819, s. 15.)
NC Gen Stat § 85B-4.12 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-4.12 - Disciplinary action against licensee.

 85B-4.12. Disciplinary action against licensee.Nothing contained in this Article shall limit the authority of the Commission to take disciplinary action against any licensee under this Chapter, nor shall the repayment in full of all obligations to the Fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought under this Chapter. (1991 (Reg. Sess., 1992), c. 819, s. 16.)
NC Gen Stat § 85B-6 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-6 - Fees; local governments not to charge fees or require licenses.

 85B-6. Fees; local governments not to charge fees or require licenses.(a) The Commission shall collect and remit to the State Treasurer fees in an amount not to exceed the following:  Item  Maximum Fee  Apprentice Auctioneers:    Application for license................................................................................   $ 125.00    Issuance or renewal of license....................................................................   125.00  Auctioneers:    Application for license................................................................................   125.00    Examination................................................................................................   75.00    Issuance or renewal of license....................................................................   250.00  Auction Firms:    Application for license................................................................................   125.00    Examination................................................................................................   75.00    Issuance or renewal of license....................................................................   250.00  Reinstatement of License...............................................................................   75.00.  An application fee for a license and an examination fee are nonrefundable. The amount payable by a nonresident under G.S. 85B-5 to obtain a nonresident reciprocal auctioneer license is the greater of the amount set in the above table for an examination for and the issuance of an auctioneer's license and the amount the nonresident's state would charge a resident auctioneer of this State to obtain a comparable license from that state.A reinstatement fee is payable when a person applies for renewal of a license after the license has lapsed for failure to renew it before it expired. The reinstatement of a lapsed license is not retroactive in effect and does not limit the authority of the courts or of the Commission to take disciplinary action against a person who engages in the auctioneer profession with a lapsed license.(b) No local government or agency of local government may charge any fees or require any licenses for auctioneers, apprentice auctioneers, or auction firms in addition to those set out in this Chapter. (1973, c. 552, s. 6; c. 1195, s. 3; 1975, c. 648, s. 5; 1977, 2nd Sess., c. 1219, s. 43.7; 1983, c. 751, s. 12; 1991 (Reg. Sess., 1992), c. 819, s. 18; 1993, c. 421, s. 1; 1999-142, s. 6.)
NC Gen Stat § 85B-7 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-7 - Conduct of auction; records.

 85B-7. Conduct of auction; records.(a) No licensee shall conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement must contain the terms and conditions upon which the auctioneer received the goods for sale. The licensee shall provide the owner with a signed copy of the agreement and shall keep at least one copy for his own records for two years from the date of the agreement. Copies of all contracts shall be made available to the Commission or its designated agent upon request.(b) Each licensee shall maintain consignment records and enter in them, upon receipt of goods for auction and before sale, the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. The consignment record shall contain an adequate description of the goods to be sold and shall be sufficient to positively identify each item. Consignment records shall be open for inspection by the Commission or its designated agent at reasonable times.(c) All licensees shall have their licenses available at each auction they conduct.(d) Each licensee shall maintain sales records, which identify the purchaser of all goods sold by name, address, and when possible, telephone number. The sales records shall contain an adequate description of the items sold and must be sufficient to positively identify the owner of the property. Sales records shall be maintained for a period of not less than two years from the date of sale. Sales records shall be open for inspection by the Commission or its designated agent at reasonable times. (1973, c. 552, s. 7; 1991 (Reg. Sess., 1992), c. 819, s. 19; 2005-330, s. 5.)
NC Gen Stat § 85B-7.1 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-7.1 - Handling clients' funds.

 85B-7.1. Handling clients' funds.(a) Each licensee who does not disburse all funds to the seller on auction day shall maintain a trust or escrow account and shall deposit in the account all funds that are received for the benefit of another person and are not disbursed to the seller on auction day. The licensee shall deposit funds that are not disbursed on auction day with a federally insured depository institution or a trust institution authorized to do business in this State. At or before the time of all final settlements, the auctioneer shall provide the seller or consignor with a settlement statement, which includes a description of all goods sold, the selling price of the goods sold, the net proceeds due to the seller or consignor, the name and address of the person receiving the disbursement, and the amount of the disbursement. All settlement statements shall be signed by the licensee or the licensee's agent and by the person receiving the disbursement.(b) Each licensee shall maintain, for not less than five years, complete records showing the deposit, maintenance, and withdrawal of trust or escrow funds and the disbursement of funds on auction day. Records of the disbursement of funds on auction day shall include a copy of each receipt or settlement statement issued when the funds were disbursed. The Commission or its designated agent may inspect these records periodically, without prior notice, and may also inspect these records whenever the Commission determines that they are pertinent to an investigation of any specific complaint against a licensee.  (1991 (Reg. Sess., 1992), c. 819, s. 20; 1993, c. 421, s. 2; 2005-330, s. 6; 2017-25, s. 1(d).)
NC Gen Stat § 85B-9 (2021)
2021 North Carolina General Statutes|Chapter 85B - Auctions and Auctioneers|§ 85B-9 - Penalties and enforcement.

 85B-9. Penalties and enforcement.(a) Any person, corporation or association of persons violating the provisions of G.S. 85B-4(a) shall be guilty of a Class 1 misdemeanor. The Attorney General of North Carolina, or the Attorney General's designee, shall have concurrent jurisdiction with the district attorneys of this State to prosecute violations of this Chapter.(b) The Commission may in its own name seek injunctive relief in the General Court of Justice to restrain any violation or anticipated violation of the provisions of G.S. 85B-4(a) or any violation of this Chapter.(c) The Commission shall be entitled to the services of the Attorney General of North Carolina in enforcing the provisions of this Chapter or may employ an attorney to assist and represent it in enforcement of specific matters. (1973, c. 1195, s. 6; 1975, c. 648, s. 7; 1991 (Reg. Sess., 1992), c. 819, s. 22; 1993, c. 539, s. 600; 1994, Ex. Sess., c. 24, s. 14(c); 1999-142, s. 8.)
NC Gen Stat § 85C-1 through 85C-41 (2021)
2021 North Carolina General Statutes|Chapter 85C - Bail Bondsmen and Runners|§ 85C-1 through 85C-41 - Recodified as Article 71 of Chapter 58.

 85C-1 through 85C-41: Recodified as Article 71 of Chapter 58.
NC Gen Stat § 86-1 through 86-25 (2021)
2021 North Carolina General Statutes|Chapter 86 - Barbers|§ 86-1 through 86-25 - Recodified as §§ 86A-1 to 86A-26.

 86-1 through 86-25. Recodified as 86A-1 to 86A-26.
NC Gen Stat § 86A-1 (2021)
2021 North Carolina General Statutes|Chapter 86A - Barbers|§ 86A-1 - Necessity for certificate of registration and shop or school permit.

 86A-1. Necessity for certificate of registration and shop or school permit.No person or combination of persons shall, either directly or indirectly, practice or attempt to practice barbering in the State of North Carolina without first obtaining a certificate of registration either as a registered apprentice or as a registered barber issued pursuant to provisions of this Chapter by the State Board of Barber Examiners. No person or combination of persons, or corporation, shall operate, manage or attempt to operate or manage a barber school, barbershop, or any other place where barber services are rendered, after July 1, 1945, without first obtaining a shop permit, or school permit, issued by the State Board of Barber Examiners, pursuant to the provisions of this Chapter. (1929, c. 119, s. 1; 1941, c. 375, s. 1; 1945, c. 830, s. 1; 1979, c. 695, s. 1.)
NC Gen Stat § 86A-2 (2021)
2021 North Carolina General Statutes|Chapter 86A - Barbers|§ 86A-2 - What constitutes practice of barbering.

 86A-2. What constitutes practice of barbering.Any one or combination of the following practices constitutes the practice of barbering in the purview of this Chapter:(1) Shaving or trimming the beard, or cutting the hair;(2) Dyeing the hair or applying hair tonics, permanent waving or marcelling the hair;(3) Giving facial or scalp massages, or treatments with oils, creams, lotions or other preparations either by hand or mechanical appliances. (1929, c. 119, s. 2; 1941, c. 375, s. 2; 1979, c. 695, s. 1.)
NC Gen Stat § 86A-3 (2021)
2021 North Carolina General Statutes|Chapter 86A - Barbers|§ 86A-3 - Qualifications for certificate as a registered barber.

 86A-3. Qualifications for certificate as a registered barber.A certificate of registration as a registered barber shall be issued by the Board to any person who meets all of the following qualifications:(1) Has attended an approved barber school for at least 1528 hours.(2) Has completed a 12-month apprenticeship under the supervision of a licensed barber, as provided in G.S. 86A-24.(3) Has passed a clinical examination conducted by the Board.(4) Has submitted to the Board the affidavit required by G.S. 86A-24(c) certifying that the applicant has served the apprenticeship required by subdivision (2). (1929, c. 119, ss. 3, 4, 11; 1941, c. 375, s. 3; 1961, c. 577, s. 1; 1979, c. 695, s. 1; 1981, c. 457, s. 1; 1995 (Reg. Sess., 1996), c. 605, s. 1.)