reglab/housing_qa huggingface dataset:
IN Code § 25-6.1-1-2 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 1. Short Title and Definitions|25-6.1-1-2. Scope of Article

Sec. 2. This article provides licensing and registration for persons engaged in operating, conducting or otherwise producing auctions. No other agency or political subdivision of the state shall impose on a licensee or seller at auction any registration or license requirement or any license or employment fee or charge on account of such auction activities.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.1.
IN Code § 25-6.1-1-3 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 1. Short Title and Definitions|25-6.1-1-3. Definitions

Sec. 3. As used in this article:"Auction" means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of the auctioneer's audience, which exchanges consist of a series of invitations for offers for the purchase of goods or real estate made by the auctioneer and offers to purchase made by members of the audience and culminate in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience."Auction company" means any person or persons who, as a part of its business, arranges, manages, sponsors, advertises, or carries out auctions."Auctioneer" means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of offers for the purchase of goods or real estate at an auction."Commission" means the Indiana auctioneer commission."Goods" means any goods, wares, chattels, merchandise, or other personal property, including domestic animals and farm products."Licensee" means any person licensed under this article and, in the case of an auction company, includes the person required to obtain a license for such auction company."Organization" means a corporation, a limited liability company, a partnership, a trust (specifically including a business trust), a firm, an association, or any other form of business enterprise which is owned by two (2) or more individuals."Person" means an organization or an individual."Real estate" means any right, title, or interest in real property, including fixtures."Licensing agency" means the Indiana professional licensing agency established by IC 25-1-5-3.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.2; Acts 1981, P.L.222, SEC.35; P.L.132-1984, SEC.14; P.L.214-1993, SEC.13; P.L.1-2006, SEC.422; P.L.59-2014, SEC.1.
IN Code § 25-6.1-2-1 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 2. Creation of Commission|25-6.1-2-1. Creation and Membership

Sec. 1. (a) The Indiana auctioneer commission is created consisting of five (5) members, not more than three (3) of whom may be members of the same political party.(b) Subject to IC 25-1-6.5-3, the governor shall appoint each commission member to serve for a term under IC 25-1-6.5. A vacancy arising on the commission shall be filled under IC 25-1-6.5.(c) Four (4) individuals appointed to membership on the commission must be citizens of Indiana and engaged as auctioneers for a period of not less than five (5) years immediately preceding their appointment. One (1) individual appointed to membership on the commission must be a citizen of Indiana who has not been associated with auctioneering in any way other than as a consumer.(d) An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government.(e) A board member may be removed under IC 25-1-6.5-4.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1981, P.L.222, SEC.36; P.L.249-2019, SEC.56.
IN Code § 25-6.1-2-2 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 2. Creation of Commission|25-6.1-2-2. Meetings

Sec. 2. (a) The commission shall, at its first meeting each year, at a time and place established by the chairman, conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members.(b) Three (3) members constitute a quorum for the purpose of transacting business. A majority vote of the commission is necessary to bind the commission.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.177-2015, SEC.15.
IN Code § 25-6.1-2-3 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 2. Creation of Commission|25-6.1-2-3. Officers; Duties; Terms

Sec. 3. (a) At the first meeting held each year, the commission shall elect from its membership a chairman and a vice chairman. Each officer shall serve for a term of one (1) year and until the officer's successor is elected.(b) The chairman shall preside at all meetings of the commission.(c) The vice chairman shall act as presiding officer in the absence of the chairman and shall perform such other duties as the chairman may direct.(d) The commission shall be provided with an executive secretary by the licensing agency. The person provided may not be a member of the commission.(e) The executive secretary, through the licensing agency, shall:(1) notify all members of meetings;(2) keep a record of all meetings of the commission, votes taken by the commission, and other proceedings, transactions, communications, official acts, and records of the commission; and(3) perform other duties as the chairman directs.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.3; Acts 1981, P.L.222, SEC.37; P.L.132-1984, SEC.15; P.L.177-2015, SEC.16.
IN Code § 25-6.1-2-4 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 2. Creation of Commission|25-6.1-2-4. Per Diem and Expenses

Sec. 4. Per Diem and Expenses. Each member of the commission shall receive a salary per diem for each day actually engaged in service of the commission, together with reimbursement for necessary travel expense incurred in the performance of his strictly official duties, in accordance with travel policies and procedures established by the department of administration and the state budget agency. The compensation and expense of said commission shall be paid out of the general fund of the state upon appropriation being made therefor in the manner provided by law for the making of such appropriations.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-2-5 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 2. Creation of Commission|25-6.1-2-5. Powers

Sec. 5. (a) The commission is empowered to do the following:(1) Administer and enforce the provisions of this article.(2) Adopt such rules in accordance with IC 4-22-2 and such forms as are necessary or appropriate for the administration and the effective and efficient enforcement of this article.(3) Issue, suspend, and revoke licenses in accordance with this article.(4) Subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this article or the rules, and to take appropriate action pursuant to IC 25-1-11.(5) Bring actions, in the name of the state of Indiana, in an appropriate circuit court, superior court, or probate court in order to enforce compliance with this article or the rules by restraining order or injunction.(6) Hold public hearings on any matters for which a hearing is required under this article and to have all powers granted in IC 4-21.5.(7) Adopt a seal and, through its secretary, certify copies.(b) The licensing agency shall provide necessary employees and consultants to enforce this article.(c) The commission shall adopt rules under IC 4-22-2 establishing the following:(1) Standards for competent:(A) practice as an auctioneer; and(B) operation of an auction company.(2) Continuing education requirements for an individual who has reactivated an auctioneer license with less than twelve (12) months remaining in the licensing period.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.4; Acts 1981, P.L.222, SEC.38; P.L.132-1984, SEC.16; P.L.7-1987, SEC.112; P.L.1-1991, SEC.163; P.L.238-1995, SEC.1; P.L.59-2014, SEC.2; P.L.84-2016, SEC.102.
IN Code § 25-6.1-2-6 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 2. Creation of Commission|25-6.1-2-6. Fees; Disposition

Sec. 6. Fees, disposal. All fees received by the commission under this article shall be paid to the state treasurer to be placed by him in the general fund of the state. All records of such fees received by the commission shall be available for the inspection of the general public.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-3-1 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-1. Coverage

Sec. 1. Coverage. (a) Except as provided in subsection (b), no individual may act as an auctioneer and no person may operate an auction company without obtaining and having in full force and effect a valid license issued by the commission in accordance with this chapter.(b) The requirements of this article do not apply to:(1) An auction of goods or real estate conducted exclusively by individuals who personally own such goods or real estate and who did not acquire such goods or real estate for resale.(2) An auction conducted by or under the direction of any public authority.(3) An auction conducted pursuant to any judicial order or to the settlement of a decedent's estate.(4) A sale conducted by or on behalf of any political party, church, charitable corporation, or association if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold himself or herself out as being available to engage in the sale of goods or real estate at auction.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.8-1993, SEC.374; P.L.59-2014, SEC.3.
IN Code § 25-6.1-3-5 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-5. License Fee; Surcharge

Sec. 5. At the time of obtaining a license under this chapter, the licensee shall pay:(1) the license fee established by the commission under IC 25-1-8-2; and(2) a surcharge under IC 25-6.1-8 for deposit in the auctioneer recovery fund.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.256-1987, SEC.2; P.L.23-2003, SEC.6; P.L.194-2005, SEC.20.
IN Code § 25-6.1-3-6 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-6. License Requirement

Sec. 6. All auctions arranged by or through an auction company shall be conducted exclusively by individuals who are licensed as auctioneers under this chapter.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.59-2014, SEC.7.
IN Code § 25-6.1-3-7 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-7. Display of License

Sec. 7. Display of License. Every person licensed under this article shall display his license or a certified copy of it issued by the commission in the full and unobstructed view of the public at his principal place of business.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-3-8 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-8. Duplicates and Certified Copies of Licenses; Fees

Sec. 8. (a) The commission may charge the fee established under IC 25-1-8-2 as the cost of providing duplicate licenses to replace lost or destroyed licenses.(b) The commission may charge a fee established under IC 25-1-8-2 for the cost of verifying a license to another state.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.235-1995, SEC.2; P.L.194-2005, SEC.21.
IN Code § 25-6.1-3-9 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-9. Cease and Desist Order

Sec. 9. (a) When the commission determines that a person not licensed under this article is engaged in or is believed to be engaged in activities for which a license is required under this article, the commission may issue an order to that person requiring the person to show cause why the person should not be ordered to cease and desist from such activities. The show cause order shall set forth a time and place for a hearing at which the affected person may appear and show cause as to why the person should not be subject to licensing under this article.(b) If the commission, after a hearing, determines that the activities in which the person is engaged are subject to licensing under this article, the commission may issue a cease and desist order which shall describe the person and activities which are the subject of the order.(c) A cease and desist order issued under this section shall be enforceable in the circuit courts, superior courts, or probate courts of this state.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.84-2016, SEC.103.
IN Code § 25-6.1-3-10 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 3. Licensing|25-6.1-3-10. Denial of License; Rights and Remedies

Sec. 10. Any person who makes proper and complete application to the commission and who is denied a license under this article has all of the rights and remedies prescribed in IC 4-21.5.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.7-1987, SEC.113.
IN Code § 25-6.1-6-1 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 6. Licensee Obligations|25-6.1-6-1. Performance by Auctioneer

Sec. 1. Performance by Auctioneer. In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods or real estate being sold at the auction, shall perform his duties so that the highest or most favorable offer made by a member of his audience is accepted, and shall otherwise perform his duties in accordance with the highest standards of the auctioneering profession.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-6-2 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 6. Licensee Obligations|25-6.1-6-2. Accounting and Paying Over

Sec. 2. Accounting and Paying Over. (a) Every licensee, within thirty (30) days after the sale transaction, shall account to, or see to an accounting for, those persons who own or who are acting as consignor of goods or real estate which is the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.(b) Every licensee, within thirty (30) days after a sale transaction of goods and within a reasonable time after a real estate sale transaction, shall pay over, or see to the paying over of, all monies and proceeds due to the owner or the consignor of goods or real estate which was the subject of an auction engaged in or conducted by such licensee or upon such licensee's premises.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.9.
IN Code § 25-6.1-6-3 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 6. Licensee Obligations|25-6.1-6-3. Records and Accounts

Sec. 3. Records and Accounts. Each licensee shall keep and maintain in a place of safety for a period of not less than two (2) years complete and correct records and accounts pertaining to that licensee's licensed activity, including the name and address of the owner or consignor of all goods and real estate involved in such activities, a description of such goods and real estate, the terms and conditions of the acceptance and sale of such goods and real estate, and accounts of all monies received and paid out, whether on the licensee's own behalf or as agent, as a result of such activities.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-6-4 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 6. Licensee Obligations|25-6.1-6-4. Written Contracts

Sec. 4. No licensee shall sell goods or real estate at auction until the auctioneer or auction company involved has first entered into a written contract with the owner or consignor of such goods or real estate, which contract sets forth the terms and conditions upon which such auctioneer or auction company accepts the goods or real estate for sale. A copy of every written contract shall be retained for a period of two (2) years from the date of the auction.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.10; P.L.59-2014, SEC.8.
IN Code § 25-6.1-6-5 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 6. Licensee Obligations|25-6.1-6-5. Advertising

Sec. 5. Advertising. All advertisements of auctions shall disclose:(1) the auctioneer's name and the name of the auction company involved; and(2) the name of the owner or consignor of goods or real estate to be sold or the fact that the goods are being sold on general consignment.As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980, P.L.163, SEC.11; P.L.59-2014, SEC.9.
IN Code § 25-6.1-6-6 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 6. Licensee Obligations|25-6.1-6-6. Trust Accounts

Sec. 6. (a) Each licensee:(1) shall keep in one (1) or more trust accounts (interest or noninterest bearing) all funds belonging to others that come into the possession of the licensee and are held by the licensee for more than twenty-four (24) hours after the funds become available for use by the licensee; and(2) shall clearly identify any account containing those funds as a trust account.The trust accounts shall contain all auction proceeds not yet disbursed and all other funds belonging to others.(b) The licensee shall not use any trust account for the deposit of any personal funds or other business funds and shall keep a detailed record of the funds and any interest accrued in each trust account that identifies the amount of funds held for each beneficiary. Any interest earned shall be held for the beneficiary.(c) Upon the death or termination of a licensee or the expiration or revocation of the licensee's license, the commission shall take custody of each trust account and may appoint a successor trustee to protect and distribute the proceeds of that account.As added by P.L.256-1987, SEC.3.
IN Code § 25-6.1-7-1 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 7. Penalties|25-6.1-7-1. Failure to Be Licensed

Sec. 1. (a) An individual may not act as an auctioneer without first having obtained and having in full force and effect the license required under this article.(b) A person (except a person who shall have become exempt, by reason of compliance with the provisions of IC 25-6.1-3-4, from the auction company licensing requirements of this article) may not operate an auction company without first having obtained and having in full force and effect the auction company license required under this article.(c) A person who knowingly or intentionally violates the provisions of this section commits a Class A misdemeanor.As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.84-1998, SEC.20; P.L.1-1999, SEC.57; P.L.59-2014, SEC.10.
IN Code § 25-6.1-7-2 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 7. Penalties|25-6.1-7-2. Other Violations

Sec. 2. Other Violations. A person who violates or fails to follow any provision of this article for which a specific penalty is not provided commits a Class A misdemeanor.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-7-3 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 7. Penalties|25-6.1-7-3. Injunctions

Sec. 3. Injunctions. The commission may maintain an action in the name of the state of Indiana to enjoin any person from engaging, without a license issued under this article (or pursuant to an exemption defined in this article), in any activity for which a license is required under this article.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-7-4 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 7. Penalties|25-6.1-7-4. Affidavit, Information, or Indictment; Sufficiency of Charge

Sec. 4. Affidavits, Informations, Indictments. In charging any person in an affidavit, information, or indictment with a violation of this article by carrying on (without a license obtained under, or pursuant to an exemption defined in, this article) an activity for the carrying-on of which a license issued under, or an exemption defined in, this article is required, it shall be sufficient to charge that the person did, upon a certain day and in a certain county, engage in such an activity and that he or it did not have a license to do so or an exemption (defined in this article) permitting him or it to do so. No further or more particular facts need be averred concerning the matter.As added by Acts 1977, P.L.270, SEC.1.
IN Code § 25-6.1-8-1 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 6.1. Auctioneers and Auctions|Chapter 8. Auctioneer Recovery Fund|25-6.1-8-1. Establishment of Fund; Administration; Investments

Sec. 1. (a) The auctioneer recovery fund is established for the purpose set out in this chapter. The fund shall be administered by the auctioneer commission.(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.(c) Money in the fund at the end of a fiscal year does not revert to the state general fund, except as provided in section 2.1 of this chapter.As added by P.L.256-1987, SEC.4. Amended by P.L.143-1990, SEC.1.