AL Code § 34-4-21 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 4 - Auctioneers.|Article 2 - Licenses.|Section 34-4-21 - Application and Examination; Fees; Expiration, Renewal of Licenses; Single Auction License; Continuing Education; Discharge of Apprentice; Change of Address; Inactive Status.

Section 34-4-21Application and examination; fees; expiration, renewal of licenses; single auction license; continuing education; discharge of apprentice; change of address; inactive status. (a) Any person desiring to enter into the auction business and obtain a license as an auctioneer or apprentice auctioneer shall make written application for a license to the board. Each application shall be accompanied by an examination fee of an amount not to exceed one hundred fifty dollars ($150), as set by rule of the board, which shall be collected from each applicant to defray the expenses of the examination. The application shall be submitted on forms prepared and furnished by the board. (b)(1) Each applicant for a license as an auctioneer shall be 19 years of age or over, and each applicant for a license as an apprentice auctioneer shall be 18 years of age or over. Each applicant for an auctioneer's license shall have served one year as an apprentice auctioneer under the supervision of a licensed auctioneer in this state and have successfully completed a course of study consisting of not less than 85 hours of classroom instruction in the fundamentals of auctioneering that satisfies the requirements of the board. (2) An application shall also be accompanied by a recommendation of an employing auctioneer. If an applicant has not successfully completed an approved course of study that satisfies the requirements of the board, in lieu thereof, he or she shall be required to serve two years as an apprentice under the supervision of a licensed auctioneer in this state. (c)(1) Any person who files a complete application with the board in the proper manner shall be entitled to take an examination to determine his or her qualifications. The board may require applicants to take and pass an examination establishing, in a manner satisfactory to the board, that the applicant has a general knowledge of ethics, reading, writing, spelling, elementary arithmetic, and the laws of this state relating to auctions and this chapter. The examination for an auctioneer's license shall be of a more exacting nature and scope than the examination for an apprentice auctioneer. (2) The board, through application and examination, shall determine whether the applicant is of good repute, trustworthy, honest, and competent to transact the business of an auctioneer, or of an apprentice auctioneer, in a manner that safeguards the interest of the public. (3) The board shall require, and it shall be the responsibility of any applicant for an initial, renewal, or reciprocal license to disclose any prior conviction, any pending criminal arrest of any nature except misdemeanor traffic violations, and any prior or pending disciplinary proceedings against the applicant before a board of auctioneers or real estate commission in this or any other state. If an applicant has been convicted of a crime in a court of competent jurisdiction of this or any other district, state, or territory of the United States or of a foreign country, the untrustworthiness of the applicant and the conviction, in itself, may be sufficient grounds for refusal of a license. (4) All auctioneers, apprentice auctioneers, and auction companies are under a continuing duty to report to the board any and all criminal arrests, charges, convictions, or disciplinary proceedings which they may incur, as well as any civil suits involving them. The board shall receive notice of any arrest, charge, criminal conviction, or commencement of disciplinary proceedings within 30 days of its occurrence. Notice of the commencement of any civil suit shall be received by the board within 30 days after service of the complaint upon the defendant in the action. (d) The board may grant a single auction license once per calendar year to any nonresident individual who is duly licensed in good standing as an auctioneer in another state, or to an auction company in another state, who makes written application to the board and provides satisfactory proof of all of the following: (1) The applicant satisfies the age, reputation, and other qualifications to be licensed as an auctioneer. (2) The applicant has paid a fee as established by rule of the board. (3) The applicant has not applied for or previously obtained a license under this chapter. (4) The applicant is not the subject of a disciplinary action in any state; has not had a professional license or business license for any company in which he or she is a principal in this, or any other licensing jurisdiction, disciplined, suspended, revoked, or denied; has not been convicted of a criminal offense; and has no criminal charges pending in any jurisdiction. (5) The applicant has provided proof of financial responsibility in the form of either an irrevocable letter of credit or a cash bond or surety bond in the amount of ten thousand dollars ($10,000). If the applicant gives a surety bond, the bond shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the board and shall be conditioned on compliance by the applicant with this chapter and the rules adopted by the board. All bonds shall be in a form approved by the board. (e) The license fee for each auctioneer or auction company shall be an amount to be determined by the board, not to exceed two hundred fifty dollars ($250), and the license fee for each apprentice auctioneer shall be an amount to be determined by the board, not to exceed one hundred fifty dollars ($150). The license fees shall not be increased more than twenty-five dollars ($25) in any given year. (f) All licenses shall expire on September 30 of each year following issuance thereof and may be renewed upon payment of the appropriate license fee as required by this chapter. Renewal of a license may be effected at any time during the months preceding the date of expiration. No examination shall be required for the renewal of any license, unless the license has been revoked or suspended. If a licensee fails to renew his or her license by the deadline of each year, he or she may renew his or her license within 60 days after the expiration date, upon payment of the required fee and a late fee of twenty-five dollars ($25) for apprentices and fifty dollars ($50) for auctioneers and auction companies. If a licensee elects not to pay the penalty and renew his or her license, he or she shall be required to submit an application, pay the examination fee, and take the examination required for new licensees. (g) The board, by rule, shall adopt a program of continuing education for its licensees. No licensee shall have his or her license renewed unless, in addition to any other requirements of this chapter, the minimum annual continuing education requirements are met. The continuing education program shall not include testing or examination of the licensees in any manner. Any licensee 65 years of age or older shall be exempt from the continuing education requirement. (h) The board shall prepare and deliver to each licensee a license certificate and pocket card. The certificate shall be displayed openly at all times in the office of the licensee. The certificate and the pocket card of the apprentice auctioneer shall contain his or her name as well as that of the auctioneer under whose supervision he or she is employed. (i) When any auctioneer discharges an apprentice, or terminates his or her employment with the auctioneer for any reason, the auctioneer shall deliver or mail by registered or certified mail to the board the license of the discharged apprentice auctioneer. It shall be unlawful for any apprentice auctioneer to perform any of the acts contemplated by this chapter, either directly or indirectly under authority of his or her license, until the apprentice auctioneer receives a new license bearing the name and address of his or her new employer. No more than one license shall be issued to any apprentice auctioneer for the same period of time. (j) Written notice shall be given immediately to the board by each licensee of any change in his or her mailing address and the board shall issue a new license for the unexpired period. A change of mailing address without notification to the board shall automatically cancel the license previously issued. For changing a mailing address and issuance of a new license, the board shall collect a fee in an amount determined by rule of the board. Each prior license shall be returned or accounted for to the board and be canceled before the issuance of the new license. The board may require other proof considered desirable with due regard to the paramount interest of the public in the issuance of the license. (k)(1) An auctioneer who is in good standing with the board may request inactive status by submitting to the board a written application, his or her current license certificate and pocket card, and a fee. The auctioneer shall certify on the application that he or she will not perform any business of auctioneering while on inactive status. An auctioneer who has a disciplinary or suspension hearing pending against him or her may only be granted inactive status upon approval of the board. Inactive status may be renewed annually upon written application and payment of a fee. The board, by rule, shall determine the amount of the initial application fee and the annual renewal fee. (2) An auctioneer on inactive status may be restored to active status by submitting to the board a written application requesting reactivation and providing proof of satisfying all continuing education requirements for the most recent licensure period during which the license was inactive. (l) Pursuant to Sections 41-22-1 to 41-22-27, inclusive, the Alabama Administrative Procedure Act, the board may make and enforce any necessary and reasonable rules pursuant to the application for any license. (m) The board, by rule, may establish and charge reasonable fees relating to the administration and enforcement of this chapter for application or other processing costs; online service; continuing education provider services; copy, mailing, and filing services; and other fees as necessary to offset licensing and processing costs. (Acts 1973, No. 811, p. 1236, §11; Acts 1981, No. 81-378, p. 555, §4; Acts 1988, No. 88-138, p. 201, §3; Acts 1992, No. 92-119, p. 197, §3; Act 98-271, p. 440, §1; Act 2004-74, p. 94, §3; Act 2008-81, p. 103, §3; Act 2012-97, p. 168, §3; Act 2014-329, p. 1216, §1; Act 2021-438, §1.)