Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.02 - Application For Auctioneer's License

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Upon application for an auctioneer's
			 license, each apprentice auctioneer must present a statement signed by his/her
			 sponsoring auctioneer, stating that said apprentice has participated as
			 principal auctioneer in the required number of sales during the course of
			 his/her apprenticeship. The applicant must furnish proof of the sales in the
			 form of advertisements containing the applicant's name and license number in
			 equal prominence with the name and license number of the sponsoring auctioneer,
			 and proof that he/she was compensated for his/her services in these sales in
			 the form of copies of canceled checks showing that the monies went through the
			 sponsor's escrow account. (34-4-21)
(b) Non-resident, non-reciprocal
			 applicants must prove they have been active auctioneers during the past five
			 (5) years immediately preceding the date of application. Proof of activity may
			 include some or all of the following and must contain dates which will
			 effectively verify that the applicant has been an active auctioneer for the
			 five (5) years immediately preceding the application: advertisements containing
			 the applicant's name; copies of closing statements which show the date of the
			 sale and are signed by the applicant; copies of county and or municipal
			 auctioneer licenses; and affidavits from duly licensed Alabama auctioneers that
			 the applicant has engaged in auctions during this time. (34-4-25)
(c) Reciprocity will be granted to those
			 states having licensing requirements of equal or higher standards than Alabama
			 and who have entered into a reciprocal agreement with the board. Applicants for
			 reciprocity from states without an apprenticeship program equivalent to the
			 Alabama apprenticeship program will be required (1) to have been licensed in
			 reciprocating state for two (2) years prior to application for reciprocity, or
			 (2) to have attended auction school and/or have worked in the auction industry
			 in the reciprocating state for the equivalent of a two (2)-year apprenticeship.
			 Reciprocal applicants shall be required to pay any licensure, renewal or
			 application fee in an amount equal to that imposed on Alabama licensees in the
			 reciprocating state and shall be required to meet any other licensure
			 requirements imposed by the reciprocating state by rule, regulation, policy or
			 law; provided, however, that if the reciprocating state imposes licensure,
			 renewal or application fee that is less than that imposed by the Board, the
			 reciprocal applicant shall be required to pay the higher fee. A list of the
			 reciprocating states and their fees or requirements shall be maintained by the
			 Board. (34-4-25)
(d) Any auction company applying for an
			 auctioneer license shall furnish the following information to the Board; for
			 purposes of this rule, an auction company includes any legal entity which
			 engages in the business of auctioneering, as defined by the Auctioneers License
			 Act and the rules and regulations of the Board. An auction company exclusively
			 owned and operated by an auctioneer licensed by this Board and in good standing
			 therewith will be exempt from the requirement for a separate auctioneer license
			 under this chapter. Licensed auctioneers fitting within this exemption must
			 still complete and file an auction company application with the Board, but
			 shall not be required to remit the application or licensure fee. Failure to
			 file a completed auction company application may subject an auctioneer and/or
			 auction company to disciplinary action by the Board, regardless of whether the
			 exemption from a separate auctioneer license applies.
1. A completed, signed and notarized
			 application form, as prescribed by the Board, accompanied by the appropriate
			 filing fee determined by the Board;
2. If such company is a foreign entity,
			 satisfactory evidence approved by the Board that such company is authorized to
			 do business in this state and is registered with the Alabama Secretary of
			 State, in accordance with Article 15 of Title 10,
Code of Ala.
			 1975
;
3. Satisfactory
			 evidence approved by the Board that the auction company employs or shall employ
			 an auctioneer or auctioneers licensed under the provisions of this chapter to
			 conduct any auctions in this state.