reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 1 - Description of Organization › Section III-109 - Salaries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Members of the
				board may receive a per diem or compensation when actually attending a meeting
				of the board or any of its committees and for time spent on behalf of the board
				on official business. Additionally, members may be reimbursed for actual and
				necessary travel, incidental, and clerical expenses incurred in carrying out
				the provisions of this Chapter when and if funds are available from the board's
				funds.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111 and
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-301 - Domicile

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				be domiciled in Baton Rouge, Louisiana, but shall be authorized to meet
				elsewhere in the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111(C).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-303 - Chairman and Vice-Chairman of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman, or in his absence, the
				vice-chairman, or in the absence of both of them, the chairman chosen by the
				members present shall preside at all meetings of the board. The chairman shall
				be the chief executive officer of the board, and subject to the direction and
				under the supervision of the board, shall have general charge of the business
				affairs and property of the board and control of its officers. The chairman
				shall preside at all meetings of the members, shall appoint the members of all
				committees created by the bylaws or by resolution of the board. He shall be an
				ex-officio member of all standing committees and other committees created by
				the bylaws or by resolution of the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111 and
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-305 - Meetings of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall conduct regular meetings at least four times a year. A special meeting
				may be held at such time and place as specified by the executive secretary on
				call of the chairman or four members. The executive secretary shall give
				written notice of all meetings to the members of the board and the interested
				public.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111 and R.S.
				  7:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-307 - Special Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Special
				meetings of the board may be called by the chairman or at the request of any
				four members. The persons authorized to call such a special meeting may fix any
				place within the state of Louisiana.
B. Notice of any special meeting shall be
				given by mail posted at least five days prior to such a meeting. If mailed,
				such notice shall be deemed to be delivered when deposited in the United States
				mail so addressed, with postage thereon prepaid.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111 and
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-309 - Quorum of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Four members of
				the board constitute a quorum for all purposes including the granting or
				issuance of licenses and the rulemaking and adjudicative functions of the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111 and
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-311 - Majority Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. The act of
				the majority of the board members present at a meeting at which a quorum is
				present shall be the act of the board, except as specified by the
				statute.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3111 and
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 3 - General Course and Method of Operations › Section III-315 - Bylaws

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bylaws of the
				board may be adopted, amended or repealed by the members of the board at a
				regular meeting or a special meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 5 - Order of Business; Rules of Order › Section III-501 - Board Meeting; Order of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The order of business at all meetings of board members shall be:
1. call to order;
2. reading of the minutes of the previous
				meeting;
3. reports of
				members;
4. consideration of
				financial statements and reports;
5. consideration of unfinished
				business;
6. consideration of new
				and miscellaneous business;
7.
				adjournment.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 5 - Order of Business; Rules of Order › Section III-503 - Rules of Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided in the statute or the Administrative Procedure Act, the
				latest edition of
Robert's Rules of Order
as revised from time
				to time, shall determine procedure in all meetings of the members and the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 3111 and
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 7 - General Scope of Responsibilities › Section III-701 - Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The business and
				affairs of the board shall be managed by its board members.
B. The board shall perform the following
				duties:
1. examine each applicant desiring to
				be licensed as an auctioneer in the state of Louisiana;
2. administer a written examination for
				licensing at least four times each year in the city of Baton Rouge;
3. adopt rules and regulations to govern
				auctioneers in the state of Louisiana;
4. issue, suspend, modify or revoke licenses
				to do business in the state of Louisiana;
5. report to the attorney general of the
				state of Louisiana all persons violating the provisions of the statute and
				rules;
6. report annually, no later
				than March 1, to the governor, the secretary of the department and the
				legislature on its activities;
7.
				adopt its official seal;
8.
				furnish, upon request, a copy of Louisiana auction laws, and also an accurate
				list of those states having reciprocity with Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 7 - General Scope of Responsibilities › Section III-703 - Authorities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is
				authorized and shall do the following:
1.
				adopt and enforce rules and regulations, bylaws and rules of professional
				conduct as the board may deem necessary and proper to regulate auctions under
				its jurisdiction in the state of Louisiana, to provide for the efficient
				operation of the board, and otherwise to discharge its duties and powers under
				the statute and rules;
2. prescribe
				and adopt regulations, standards, procedures and policies governing the manner
				and conditions under which credit shall be given by the board for participation
				in a program of continuing education, as the board may consider necessary and
				appropriate to maintain the highest standards of proficiency as an auctioneer
				in the state of Louisiana;
3.
				authorize any member of the board to make any affidavit necessary to the
				issuance of any injunction or other legal process authorized under the statute
				or rules of the board;
4. authorize
				and issue subpoenas to require attendance and testimony and the production of
				documents for the purpose of enforcing the laws relative to auctions and
				securing evidence of violations thereof;
5. maintain a current list of licensed
				auctioneers;
6. select its officers
				annually.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 9 - Official Seal › Section III-901 - Official Seal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official
				seal of the Louisiana Auctioneer Licensing Board shall be as follows. The board
				shall have a seal which shall be in the form of a circle with the words ''State
				of Louisiana'' together with the words ''Louisiana Auctioneers Licensing
				Board'' inscribed thereon.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1102 - Qualifications for Applicant [Formerly Section 1101]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall base determination of
				satisfactory minimum qualifications for licensing as follows:
1. be of good moral character;
2. be a citizen, or a legal resident of the
				United States;
3. be at least 18
				years of age;
4. has completed one
				of the following:
a. completed a series of
				studies at a school of auctioneering licensed or approved by the
				board;
b. completed an
				apprenticeship of one year working with and under an auctioneer duly licensed
				in the state of Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1103 - Licensing Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications
				for the license to be obtained under provision of the board's enabling act
				shall be on the forms prescribed by the board and furnished to such applicants.
				The applications shall contain such information as the board deems necessary to
				enable it to fully determine the qualifications and eligibility of the
				applicant for the license applied for.
B. The board shall require the following in
				an application:
1. applicant's residential
				address;
2. applicant's business
				address;
3. applicant's telephone
				number;
4. voter's registration or
				other satisfactory proof of citizenship of this state or of other; in the
				alternative, a proof of resident alien status;
5. a good and sufficient surety bond executed
				by the applicant as principal and by a surety company qualified to do business
				in the state of Louisiana as surety in the amount of $10,000;
6. check, money order, or credit card in the
				sum of $300 for all fees covered in the initial licensing procedure;
7. Repealed;
8. irrevocable consent (if
				applicable);
9. current letter of
				good standing from other state, if applicable;
10. educational background;
11. three references, including their
				business addresses, who attest to the applicant's reputation and adherence to
				ethical standards;
12. previous
				occupational experience as an auctioneer;
13. copies of all current auctioneers
				licenses, if any;
14. Louisiana
				sales tax number or the signed waiver on the application stating they are not
				responsible for collecting sales tax since it is the employer's
				responsibility;
15. tax
				identification number.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1105 - Availability of Applications and Apprentice License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications and all other pertinent forms
				are available through the board's website or will be mailed upon request of the
				person seeking to be licensed as an auctioneer or as an apprentice
				auctioneer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112 and
				  R.S.
				  37:3113.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1107 - Change of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				licensees shall notify the board in writing of each change of address within 30
				days of that change.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112 and
				  R.S.
				  37:3113.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1109 - Examination Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall determine the scope, form, and content of the examinations for licensure
				which shall be written and shall include questions on Louisiana auction law and
				sound business practices.
B. The
				board shall issue a numbered license to an applicant who meets the requirements
				of this statute and rules, passes satisfactorily 70 percent the examination
				administered by the board and pays the fee to be a licensed
				auctioneer.
C. The board shall give
				examinations for licensure as needed.
D. An applicant failing in an examination may
				be examined again upon filing a new application and the payment of the
				re-examination fee of $50 fixed by the statute.
E. The board within 10 days and in writing
				shall notify any applicant who is denied licensing of the reason therefor.
				Within 15 days after receipt of notice, such applicant may make written request
				to the board that his or her examination be regraded and reviewed by the board.
				Upon regrading and review of the examinee's examination, the examinee will be
				advised in writing of the decision of the board. If it is determined by the
				board that the examination remains in the failure status, the examinee may, at
				his or her discretion, request a formal hearing with regard to the failing
				status of his or her examination grade. A formal hearing shall then be
				conducted under the Administrative Procedure Act.
F. An individual who fails to pass two
				successive examinations is not eligible to take another examination until the
				expiration of one year from the date of his most recent failure, at which time
				he shall complete and file a new application, bond and fee with the
				board.
G. All auctioneer license
				examinations are confidential tests. They are designed and administered under
				conditions established to protect the security of the tests. Neither the
				current forms nor the previous forms of the tests are available for purchase or
				inspection.
H. Examinations for
				persons with disabilities will be provided without discrimination based upon
				current law and upon the individual's disability.
I. The board may establish such procedures
				for applicants to take the examination outside the parish of the domicile of
				the board office, through providers approved by the board, as long as the
				applicant pays all costs of the examination and the procedures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112 and
				  R.S.
				  37:3113.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1111 - License Renewal and Penalty

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				license shall expire annually on December 31. Each renewal license shall be
				valid throughout this state from January 1 of each year to December 31 of each
				year. All applications for renewal of auctioneers' licenses shall be submitted
				to the board by November 1 of each year, and licenses shall be issued by
				January 10 of each year. If application of renewal of the license has not been
				made, the license shall expire on December 31 and it shall be illegal for any
				person to represent himself and act as an auctioneer thereafter. Any auctioneer
				who submits a renewal application after January 1 shall be subject to a late
				penalty of $75, which shall be paid to the Louisiana Auctioneers Licensing
				Board. Any auctioneer having a previous annual license shall be presumed to be
				a renewal applicant unless the auctioneer has allowed the license to lapse for
				more than one year from the date of renewal. If such license has lapsed for one
				year or more, then the auctioneer shall be charged a license restoration fee of
				$100, in addition to all other applicable fees, and the auctioneer's request
				for reinstatement must be approved by the Louisiana Auctioneers Licensing Board
				at one of the board's regularly scheduled meetings. If an applicant is seeking
				reinstatement after the license has been expired by more than 24 months, the
				applicant is subject to reexamination if originally licensed for less than five
				years.
B. The board shall notify
				the auctioneer of the need for renewal at the last known address at least 60
				days in advance of the expiration and send such forms for renewal as required
				by law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3115.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1113 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				assess the following schedule of fees, which shall not be refundable:
1. application fee-$75;
2. examination fee-$75;
3. re-examination fee-$50;
4. initial license fee for an
				auctioneer-$150;
5. annual renewal
				license fee for an auctioneer-$150;
6. restoration fee of a
				license-$100;
7. replacement fee of
				a lost, destroyed, or mutilated license-$25;
8. delinquent renewal fee-$75;
9. apprentice fee-$100;
10. annual certification of a licensed
				auctioneer school- $150;
11.
				initial license fee for an auction business-$300;
12. annual license renewal fee for an auction
				business-$300;
13. replacement fee
				of lost, destroyed or mutilated identification card-$5.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1115 - Reciprocity and Licensure without Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person holding a license to engage in
				auctions issued to him by a proper authority of a state, territory or
				possession of the United States of America or the District of Columbia having
				licensing requirements comparable to Louisiana and who in the opinion of the
				board otherwise meets the requirements of the statute and rules may upon
				application be licensed without further examination. The nonresident auctioneer
				must comply with all other provisions of the statute and rules.
B. A nonresident who does not hold a license
				in a reciprocal state must pass the examination and must comply with all other
				requirements of the statute and rules to be licensed in this state.
C. Notwithstanding any other provision of law
				to the contrary, no person duly licensed as an auctioneer in any other state
				and temporarily present in this state shall conduct an auction in this state
				unless he acts in association with an auctioneer duly licensed in this state if
				the state in which the nonresident auctioneer is licensed requires such an
				association with an auctioneer licensed in this state before an auctioneer duly
				licensed in Louisiana may conduct an auction in that state.
D. Every nonresident applicant for a license
				under the statute and rules shall file with the board as part of the
				application for a license a written irrevocable consent that any cause of
				action growing out of any transaction subject to the statute and rules may be
				commenced against the licensee in the proper court of any parish of this state
				in which the cause of action may arise or in which the plaintiff may reside by
				a service of process upon the board as the licensee's agent and stipulating and
				agreeing that such service has been made upon the person according to the laws
				of this or any other state. Such instrument shall be in such form and supported
				by such additional information as the board may by rule require.
E. All individuals making application for an
				auctioneer license per reciprocal agreement shall submit with their application
				a letter of certification from the state board or commission of their state of
				domicile, certifying that they are duly licensed in said state, stating their
				residency, date of issuance, expiration date and license number.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3117.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1117 - Qualifications for Licensing as an Apprentice Auctioneer

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to qualify as an apprentice
				auctioneer, the applicant must comply with the following.
1. The applicant must be at least 18 years of
				age and have a high school diploma or its equivalent.
2. The applicant must be a legal resident of
				the state of Louisiana.
3. The
				apprentice applicant must have worked in the auction business for a minimum of
				one year prior to application for an apprenticeship.
4. The applicant must submit the following:
a. an application for licensing on a form to
				be provided by the board;
b.
				Repealed;
c. a good and sufficient
				surety bond executed by the applicant as principal and by a surety company
				qualified to do business in the state of Louisiana as surety in the amount of
				$10,000, which shall be delivered to the board at the time of the initial
				license application (see §1201);
d.
				a certified copy of voter registration or other appropriate proof of
				residency;
e. application fee in
				the sum of $100;
f. a form signed
				by the supervising Louisiana resident licensed auctioneer stating that the
				apprentice will be serving under him for the term of one year;
g. a copy of the rules and regulations signed
				by both the apprentice and the supervising auctioneer.
5. The apprentice must work under a Louisiana
				licensed auctioneer during his one-year training period who has qualified as a
				supervising auctioneer pursuant to
				§1118 of this Chapter.
6. Repealed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1118 - Qualifications to be Supervising Auctioneer for Apprentice

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to qualify as a supervising
				auctioneer for an apprentice, the auctioneer must comply with the following.
1. The auctioneer must be a Louisiana
				resident.
2. The auctioneer must
				have been licensed by the board for at least five consecutive years at the time
				of the application by the apprentice.
3. Any auctioneer who presently has an
				apprentice training under him may complete the year. This regulation will
				affect only those who begin an apprenticeship training after the approval of
				these regulations.
4. The
				auctioneer cannot have any other apprentice being supervised at the time of
				application. A supervising auctioneer may have only one apprentice working
				under his supervision at any time.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1119 - Apprentice Auctioneer Licensing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The licensed Louisiana auctioneer acting as the supervisor for the apprentice
				auctioneer must hold the apprentice auctioneer's license. Under no
				circumstances is the apprentice auctioneer to have, display, or carry his
				license at any time.
B. When an
				apprentice auctioneer's employment with the supervising auctioneer is
				terminated for any reason, the supervising auctioneer shall immediately deliver
				or send by registered mail the apprentice auctioneer's license to the board. He
				must sign the back and indicate the termination date. Such apprentice
				auctioneer shall not engage in any auctioneer activity until he receives a new
				license (for the expired term) bearing the name and current license number of
				his new supervising auctioneer. No more than one license shall be issued to any
				apprentice auctioneer for the same period of time.
C. There will be just one licensed auctioneer
				supervisor at a time for an apprentice auctioneer. Should the apprentice
				auctioneer practice under another licensed auctioneer without a release from
				the first, the apprentice auctioneers license shall be suspended.
D. There will be an additional charge of $25
				for the new license.
E. The length
				of time that an applicant shall work as an apprentice auctioneer shall be 12
				months. During that period of time the apprentice auctioneer shall work and be
				directly involved in at least 80 hours over a minimum period of 12
				days.
F. The apprentice auctioneer
				shall receive training in the following areas:
1. the establishment and use of escrow
				accounts;
2. bid calling;
3. pre-auction activities which will include:
				handling consignments, and all related matters, including but not limited to
				consignment contracts, the assignment of lot numbers, the establishment of
				conditions and reserves for consignments, and advertising;
4. auction day activities which will include:
				clerking at the auction, including writing sale tickets, keeping track of all
				sales, and any related paper work or using appropriate auction software,
				ringman/spotter;
5. post auction
				activities which will include: closing out the auction and maintaining and
				balancing auction account records, collecting and remitting sales taxes to the
				proper government entities, settlements, closeouts and payments to
				consignors.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1120 - Auction Business Licensing.

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				applicant seeking to operate an auction house shall file with the board a
				completed application (on a form provided by the board) for a license for each
				auction business to be operated by that person. Although an auction business
				may operate in more than one location, at all times, it may only operate under
				the name licensed with the Louisiana Auctioneers Licensing Board. Auction
				businesses which sell property, either immovable or movable, located within the
				State of Louisiana are required to have a business license.
B. Auction houses which conduct business
				solely through internet-based platforms are not required to employ a licensed
				auctioneer to call the auction. Any live or simulcast auctions are required to
				employ a licensed auctioneer to call the live or real-time auction.
C. Auction houses which conduct any auction
				through an internet-based platform are responsible for the actions of the
				platform.
D. Licensing Fee. Each
				application for licensing shall be accompanied by a license fee in the amount
				of $300. Renewal of each auction business license shall be on an annual basis,
				no later than February 1 of each calendar year. An auction business license
				renewal fee shall be $300.
E.
				Application Information. Each applicant shall submit the following information
				on the designated application form:
1. the
				name of each owner of the entity and the length of time each such person has
				been an owner;
2. each business
				address of the entity;
3. each
				auctioneer licensed by the date of application who has been employed by the
				business for more than one auction in the previous calendar year;
4. the nature of the business and the product
				to be sold;
5. two references who
				shall be auctioneers currently licensed in this state in good standing with the
				board;
6. a good and sufficient
				surety bond executed by the applicant as principal and by a surety company
				qualified to do business in the state of Louisiana as surety in the amount of
				$10,000.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1121 - Causes for Nonissuance, Suspension, Revocation or Restriction; Fine, Reinstatement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may refuse to issue or may suspend, revoke or impose probationary or
				other restrictions of any license issued under this statute and rules for any
				of the following causes:
1. conviction of a
				felony or entry of a plea of guilty or nolo contendere to a felony charge under
				the laws of the United States of America or of any state;
2. deceit or perjury in obtaining any
				certificate or license issued under this statute and rules;
3. providing false testimony before the
				board;
4. efforts to deceive or
				defraud the public;
5. incompetency
				or gross negligence;
6. rendering,
				submitting, subscribing, or verifying false, deceptive, misleading or unfounded
				opinions or reports;
7. the refusal
				of the licensing authority of another state to issue or renew a license, permit
				or certificate in that state or the revocation or suspension of or other
				restriction imposed on a license, permit or certificate issued by such
				licensing authority;
8. aiding or
				abetting a person to evade the provisions of this statute and rules or
				knowingly combining or conspiring with an unlicensed person or acting as an
				agent, partner, associate or otherwise, of an unlicensed person with intent to
				evade the provisions of this statute and rules;
9. violation of any provision of this statute
				and rules or any rules or regulations of the board or rules of conduct
				promulgated by the board;
10.
				indebtedness to the state or to any municipal corporation for any tax as an
				auctioneer or for any license or commission that he has neglected to pay after
				final judgment has been rendered against him for it;
11. false, deceptive or misleading
				advertising;
12. failure to notify
				the board within 30 days, of any administrative action taken by another
				licensing authority, board or commission;
13. failure to comply with all local, city,
				parish/county, or state laws.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1123 - Issuing of Licenses for Military

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licenses issued to those with military
				training, spouse, or dependent of a member of the military or a United States
				Department of Defense civilian employee who received military orders for a
				change of station to a military installation or assignment located in Louisiana
				will be issued in accordance with Act 2020, No. 200.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3651
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1125 - Issuing of Licenses for Healthcare Professional Dependents

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licenses
				issued to dependents of healthcare professionals will be issued in accordance
				with Act 2021, No. 279.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1751.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 11 - License of Auctioneer › Section III-1127 - Occupational License and Examination Fee Waiver

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licenses issued to qualified
				individuals will be issued in accordance with Act 2020, No. 275.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:23.4
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 12 - Bonds; Funds › Section III-1201 - Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant
				for licensure as a resident auctioneer, apprentice auctioneer, or auction
				business shall deliver to and deposit with the board at the time of application
				either the sum of $10,000 in cash or a surety bond in the amount of $10,000.
				Such bond shall:
1. be executed by the
				applicant as principal and by a surety company qualified to do business in the
				state as a surety;
2. be in a form
				approved by the board;
3. be
				conditioned upon compliance by the applicant with the conditions of any written
				auctioneer's contract made by such applicant in connection with a sale or
				auction in which he is a party;
4.
				be conditioned upon the assurance that the applicant shall not violate any
				provision of this Chapter or state law in the conduct of the business for which
				he is licensed;
5. be made payable
				to the board for the use, benefit, and indemnity of any person who suffers any
				loss as a result of a violation of this Chapter and for the proper disposition
				of all funds, taxes and registration fees;
6. be for the period of licensure.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 13 - Cease and Desist; Injunctions › Section III-1301 - Cease and Desist; Injunctions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In addition to or in lieu of the criminal penalties and administrative
				sanctions provided in the statute and rules, the board is empowered to issue an
				order to any person or firm engaged in any activity, conduct or practice
				constituting a violation of any provision of the statute or rules directing
				such person or firm to cease and desist from such activity, conduct or
				practice. Such order shall be issued in the name of the state of Louisiana
				under the official seal of the board.
B. Upon a proper showing by the board that
				such person or firm has engaged in any activity, conduct or practice prescribed
				by the statute and rules, the court shall issue a temporary restraining order
				restraining the person or firm from engaging in unlawful activity, conduct or
				practices pending the hearing on a preliminary injunction and in due course a
				permanent injunction shall issue after the hearing commanding the cessation of
				the unlawful activity, conduct or practices complained of, all without the
				necessity of the board having to give bond as usually required in such cases. A
				temporary restraining order, preliminary injunction or permanent injunction
				issued hereunder shall not be subject to being released upon bond.
C. If the person or firm to whom the board
				directs a cease and desist order does not cease and desist the prescribed
				activity, conduct or practice within 10 days from service of such cease and
				desist order by certified mail, the board may cause to issue in any court of
				competent jurisdiction and proper venue a writ of injunction enjoining such
				person or firm from engaging in any activity, conduct or practice by the
				statute and rules.
D. Those who
				hold auction licenses who are found in violation of the statutes or regulations
				shall be responsible for reasonable attorney fees.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3122.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 15 - Violations and Penalties › Section III-1501 - Violations and Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person who engages in auctions without a valid license violates this statute
				and rules.
B. Any person who
				willfully violates any provision of this statute and rules or any rules and
				regulations adopted under its authority shall be fined for each offense not
				more than $500 or imprisoned not more than six months, or both. Each individual
				sale or act in connection with the conduct of an auction in violation of any
				provision of this statute and rules shall constitute a separate offense and
				violation of this statute and rules.
C. Any person who fails to comply with any
				order issued by the board or its designee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3123.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 15 - Violations and Penalties › Section III-1503 - Fines for Advertising Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Violations of Chapter 17 requiring that
				the licensee place his name and license number in all advertising will result
				in a money fine to be levied against him. The amount of the fine will be $50
				for the first offense and $100 for the second offense. A third or subsequent
				offense may result in a fine or other disciplinary action within the discretion
				of the board. Signs and business cards shall be exempt from this requirement of
				displaying the licensee number so long as the contact information is present
				since these are not considered ads.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3119.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 17 - Responsibilities of Licensed Auctioneer › Section III-1701 - Advertising and Management of Sale

Current through Register Vol. 50, No. 6, June 20, 2024
A. The auctioneer shall be responsible for
				the advertising and management of the sale and account for all proceeds
				therefore and shall, over his signature, issue a closing statement to the
				sellers.
B. All advertising of an
				auction sale must be made in the name of the licensee who shall bear
				responsibility of the sale to the seller, general public and auctioneer board.
				The current license number must be published.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 17 - Responsibilities of Licensed Auctioneer › Section III-1703 - Conduct in Professional Manner

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				licensee shall conduct his professional activities in a professional manner
				that will reflect credit upon him, the auction profession and
				auctioneers.
B. Unprofessional
				conduct includes but is not limited to the following:
1. failure of a licensee to deposit in one or
				more identifiable bank accounts maintained in the state in which the auctioneer
				is situated all funds derived from an auction sale paid to the licensee or to a
				person, corporation, firm or combination thereof which conducted the sale. No
				funds belonging to the auctioneer shall be deposited therein except as follows:
a. funds reasonably sufficient to pay bank
				charges may be deposited therein;
b. funds belonging in part to the person who
				employs the auctioneer and in part to the auctioneer must be deposited therein,
				but if the portion belonging to the auctioneer to receive it is disputed by the
				person who employs the auctioneer, in which event the disputed portion shall
				not be withdrawn until the dispute is finally resolved;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 17 - Responsibilities of Licensed Auctioneer › Section III-1705 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				licensees, including all individual auctioneers and auction businesses, must
				retain the following records of each sale conducted by that licensee or
				conducted by an apprentice auctioneer for which that licensee is responsible,
				for at least three years after the sale:
1.
				clerk sheets;
2. consignor
				sheets;
3. records showing deposits
				and disbursements from the escrow account;
4. consignor's contracts;
5. settlement sheets;
6. receipts to buyers;
7. any document showing lot numbers, item
				numbers, amounts of sale and commission amounts for each sale;
8. sales tax licenses;
9. occupational licenses;
10. any other license which the auctioneer is
				required to have to operate his business.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 17 - Responsibilities of Licensed Auctioneer › Section III-1706 - Absolute Auction (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 19 - Fund of the Board › Section III-1901 - Auctioneers Licensing Board Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				There is hereby created a special fund designated as the Louisiana Auctioneers
				Licensing Board Fund. The fund shall be audited by a firm of certified public
				accountants and maintained and controlled by the board. All fees paid to the
				board and any other revenues shall be deposited in said fund.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3119.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 21 - Rulemaking Process › Section III-2101 - Adoption of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The adoption of
				any rule or regulation, guideline, substantive procedure or code of conduct
				shall be subject to the provisions of the Administrative Procedure
				Act.
B. Fiscal Year. The fiscal
				year of the board shall end on June 30 of each year hereafter.
C. Bylaws. Bylaws of the board may be
				adopted, amended or repealed by the members of the board at a regular meeting
				or a special meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3120.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 25 - Auctioneer Business (Repealed) › Section III-2501 - Licensing of Auction Business (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3119.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part III - Auctioneers › Chapter 29 - Miscellaneous › Section III-2901 - Costs for Letters of Good Standing and Rosters of Licensees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				charge any individual, board or other party requesting a letter of good
				standing for an individual auctioneer or an Auction Business the sum of $25 as
				cost for research, preparation, postage and copies necessary for the
				preparation of that letter.
B. The
				board may charge any individual, board or other party the sum of $25 for the
				preparation and mailing of a roster of licensees or for preparation of
				electronic media or labels containing that information.
C. The board may charge any individual, board
				or other party the sum of $10 plus the cost of labels to prepare mailing
				labels. Any such request must be approved by the board chairman before
				preparing.
D. Should any reciprocal
				auctioneer licensing board request any of the above, or any other document,
				that board shall be charged what it charges the Louisiana Auctioneers Licensing
				Board for the same document.
E. Any
				auctioneer or auction business licensed under any reciprocity agreement with a
				reciprocal state will be charged for any of the items listed in this Section
				the same amount as that charged to Louisiana individual and/or business
				licensees by the reciprocal state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3112.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 1 - General Requirements › Section V-103 - Communication with Commission [Formerly Section 107]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All communications with the commission
				  should be addressed to its office, 3519 Twelfth Street, Metairie, LA 70002. All
				  necessary forms may be obtained at such office.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part V - Automotive Industry › Subpart 1 - Motor Vehicle Commission › Chapter 1 - General Requirements › Section V-105 - Powers and Duties of Executive Director [Formerly Section 109]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive
				  director of the commission shall have charge of the office of the commission,
				  the clerical help therein, the books and records of the commission, and the
				  financial accounts of the commission, subject to the orders and instructions of
				  the commission. He shall attend to such routine correspondence and other
				  activities as may not require official action by the commission itself, and
				  shall perform such other tasks as the commission may delegate to him. The
				  executive director has the authority to issue all licenses upon receipt of
				  applications that comply with the statutes and rules of the commission. He
				  shall endeavor to obtain all necessary information and so handle and process
				  the preliminary aspects of matters which are to come before the commission for
				  official action that when placed before the commission the matter will be in
				  shape for proper official action.
AUTHORITY NOTE:
					 Adopted in accordance with
					 R.S.
					 32:1253.