reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 03 - ATHLETIC TRAINER EXAMINERS › Section .0400 - DISCIPLINARY PROCEDURES › Section 03 .0401 - DISCIPLINARY ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Board disciplinary actions may include the following:
(1) Reprimand. Reprimand is a public rebuke
				for misconduct as an athletic trainer.
(2) Restriction. Restriction is a stay of
				suspension or revocation allowing limited practice within conditions stipulated
				by the Board.
(3) Suspension.
				Suspension is the withdrawal of the privilege to practice for a specified
				time.
(4) Revocation. Revocation is
				the withdrawal of the privilege to practice as a licensed athletic trainer in
				the State of North Carolina.
Authority
				  G.S.
				  90-525;
				  90-536;
Temporary
				  Adoption Eff. March 16, 1998;
Eff. May 1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 03 - ATHLETIC TRAINER EXAMINERS › Section .0500 - ATHLETIC TRAINER PROTOCOL › Section 03 .0501 - MINIMUM REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The practice protocol for each athletic trainer pursuant to
				  G.S.
				  90-523(2) shall be a general
				  outline of practices for which the athletic trainer has been trained and shall
				  be individualized to accommodate the skills of the athletic trainer. The
				  practice protocol shall not allow the athletic trainer to undertake medical
				  diagnosis or to prescribe or dispense prescription drugs or prescription
				  devices. The practice protocol shall not allow the athletic trainer to
				  independently provide treatments for athletes with fractures, head or spinal
				  injuries, or other serious medical conditions, except the athletic trainer may
				  render appropriate first aid or emergency care. The protocol shall specify
				  provisions for physician involvement in the event of serious injuries. The
				  athletic trainer and the physician shall sign and file a statement with the
				  North Carolina Medical Board agreeing to abide by the protocol. The format of
				  the protocol shall be typewritten on letter size paper.
Authority
				  G.S.
				  90-523;
				  90-525;
Temporary
				  Adoption Eff. March 16, 1998;
Eff. May 1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0100 - RULES OF ORGANIZATION › Section 04A .0101-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-1 to
					 85B-8;
Eff. February
					 1, 1976;
Readopted Eff. December 19, 1977;
Amended Eff.
					 July 1, 1983;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0100 - RULES OF ORGANIZATION › Section 04A .0105 - REPEALED - RULE MAKING AND ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 85B-8; 150A et seq.;
Eff. July 1, 1982;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0200 - RULE MAKING › Section 04A .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 150A-11(1);
					 150A-12(3);
					 150A-15;
Eff.
					 February 1, 1976;
Readopted Eff. December 19, 1977;
Repealed Eff. July 1, 1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0300 - DECLARATORY RULINGS › Section 04A .0301-.0304

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 150A-11(1);
					 150A-17;
Eff.
					 February 1, 1976;
Readopted Eff. December 19, 1977;
Repealed Eff. July 1, 1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0400 - APPLICATION FOR LICENSE › Section 04A .0401-.0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3;
					 85B-4;
					 85B-5;
					 85B-6;
Eff. February
					 1, 1976;
Amended Eff. November 17, 1977;
Readopted Eff.
					 December 19, 1977;
Amended Eff. February 1, 1984; July 1,
					 1983;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0400 - APPLICATION FOR LICENSE › Section 04A .0405 - REPEALED - SURETY BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 85B-4(f);
Eff. February 1, 1976;
Readopted Eff. December 19,
					 1977;
Repealed Eff. February 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0500 - EXAMINATIONS › Section 04A .0501-.0505

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 85B-4(d);
					 85B-6;
Eff. February
					 1, 1976;
Readopted Eff. December 19, 1977;
Amended Eff.
					 July 1, 1983;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0600 - LICENSING › Section 04A .0601-.0609

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
					 Lodged Eff. June 29, 1983;
Statutory Authority
					 G.S.
					 85B-3(f);
					 85B-4(a),(c);
					 85B-8(a)(1);
Eff. February 1, 1976;
Readopted Eff. December 19,
					 1977;
Amended Eff. July 1, 1983; January 1, 1983; November 1,
					 1978;
Curative Amended Eff. September 7, 1983;
Repealed
					 Eff. November 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0700 - SCHOOLS OF AUCTIONEERING › Section 04A .0701-.0703

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 85B-4(d);
Eff. February 1, 1976;
Readopted Eff. December 19,
					 1977;
Amended Eff. February 1, 1984;
Repealed Eff.
					 November 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0700 - SCHOOLS OF AUCTIONEERING › Section 04A .0704-.0705

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
Eff.
					 February 1, 1984;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0800 - GENERAL AUCTIONEERING › Section 04A .0801-.0804

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 85B-3(f);
					 85B-7(a);
Eff. February 1, 1976;
Readopted Eff. December 19,
					 1977;
Amended Eff. July 1, 1983;
Repealed Eff. November
					 1, 1984.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter A - AUCTIONEERS COMMISSION › Section .0900 - CONTESTED CASES › Section 04A .0901-.0907

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.85B-3(f);85B-8(c);
					 150A-12(d);
					 150A-23;
					 150A-23(d);
					 150A-25(b);
150A-27:
Eff. February 1, 1976;
Readopted Eff. December
					 19, 1977;
Repealed Eff. July 1,
					 1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 04B .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It is the
				  responsibility of the Board to license auctioneers, apprentice auctioneers, and
				  auction firms and ensure that the qualifications and activities of those
				  engaged in auctioneering activities comply with G.S. 85B.
(b) The Board is not a board of arbitration
				  and has no jurisdiction to settle disputes between parties concerning the rate
				  of commissions, the division of commissions, or pay of assistants.
Authority
					 G.S.
					 85B-3.1;
Eff. November 1,
					 1984;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 04B .0102 - BOARD OFFICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  administrative offices of the Board are located at:
108 Ber Creek Drive
Fuquay-Varina, North Carolina 27526
Telephone: (919) 567-2844
(b) The Board's website is
				  www.ncalb.org.
(c) Office hours are
				  8:30 a.m. until 5:00 p.m., Monday through Friday, excluding State holidays as
				  set forth in
				  25 NCAC
				  01E .0901, which is hereby incorporated by
				  reference including subsequent amendments.
Authority
					 G.S.
					 85B-3.1;
Eff. November 1,
					 1984;
Amended Eff. March 1, 2003; June 1, 1999; July 1, 1995; April
					 1, 1989;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 04B .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever used in this Chapter:
(1) "Auction house," "auction barn," or
				  "auction gallery" shall mean an auction business that conducts auctions at a
				  single location and where consignments are brought to the location by either
				  the auctioneer/auction firm or the public to be sold at auction.
(2) "Auctioneers Law" or "licensing law"
				  shall refer to G.S. 85B.
(3)
				  "Board" shall mean the North Carolina Auctioneers Commission.
(4) "Buyer's Premium" shall mean any
				  additional charge owed by a buyer to the auctioneer, auction firm, or to the
				  seller above the highest accepted bid amount.
(5) "Course" shall mean the curriculum,
				  instruction, and activities of schools of auctioneering subject to the rules of
				  this Subchapter.
(6) "Minimum Bid"
				  shall mean minimum opening bids.
(7) "Principal(s)" as it pertains to auction
				  firms shall mean director(s), officer(s), owner(s), and partner(s).
(8) "Sole Proprietor Auction Business" shall
				  mean a licensed auctioneer whose business is not defined as an "Auction Firm"
				  as set forth in
				  G.S.
				  85B-1(6).
Authority
					 G.S.
					 85B-1;
					 85B-3.1;
					 85B-4;
Eff. November
					 1, 1984;
Amended Eff. May 1, 2006; April 1, 2001; April 1, 1996;
					 January 1, 1995;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0100 - ORGANIZATION AND GENERAL PROVISIONS › Section 04B .0104 - ADMINISTRATIVE LAW PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Contested Cases. Administrative hearings in contested cases conducted by the
				  Board or an administrative law judge as authorized in
				  G.S.
				  150B-40(e) shall be governed
				  by:
(1) Article 3A of G.S. 150B;
(2) the Rules of Civil Procedure as contained
				  in G.S.
				  1A-1; and
(3) the General Rules of Practice for the
				  Superior and District Courts as authorized by
				  G.S.
				  7A-34 and found in the Rules Volume of the
				  North Carolina General Statutes.
The General Rules of Practice for the Superior and District
					 Courts are hereby incorporated by reference for contested cases for which the
					 Board has authority to adopt rules under
					 G.S.
					 150B-38(h). These
					 incorporations shall include any later amendments and editions of the
					 incorporated matter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 04B .0201 - APPLICATION FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Auctioneer.
				  Each applicant for an auctioneer license shall make application on a form
				  prescribed by the Board, which may be obtained from the Board using the
				  information in Rule .0102 of this Subchapter.
(1) The application form requires:
(A) the applicant's legal name;
(B) the applicant's physical, postal mail,
				  and email addresses;
(C) the
				  applicant's telephone number(s);
(D) the county, state, and country of the
				  applicant's legal residence;
(E)
				  the applicant's social security number;
(F) the applicant's date of birth;
(G) the applicant's qualification for
				  licensure as set forth in
				  G.S.
				  85B-4(b);
(H) the places of residence within the
				  previous five years for the applicant;
(I) the applicant's current employment (if
				  any);
(J) any places of employment
				  within the previous five years for the applicant;
(K) two character endorsements for the
				  applicant;
(L) any doing business
				  names for the applicant; and
(M)
				  the applicant's notarized signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 04B .0202 - FILING AND FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Completed
				  applications shall be received in the Board office at least seven days prior to
				  a published Board meeting date, or in the case of an application for auctioneer
				  examination, at least 10 days prior to a scheduled examination as published on
				  the Board's website, and shall be accompanied by all required
				  documents.
(b) License fees are as
				  follows:
(1) New auctioneer license for an
				  applicant who did not serve an apprenticeship $250.00
This includes a $150.00 annual license fee; $50.00
					 application fee; and $50.00 examination fee.
(2) New auctioneer license for an applicant
				  who served an apprenticeship $200.00
This includes a $150.00 annual license fee; and $50.00
					 examination fee.
(3)
				  Renewal of auctioneer license $150.00
(4) New apprentice auctioneer license $150.00
This includes a $100.00 license fee and a $50.00
					 application fee.
(5)
				  Renewal of apprentice auctioneer license $100.00
(6) New auction firm license (no examination)
				  $200.00
This includes a $150.00 annual license fee; and $50.00
					 application fee.
(7) New
				  auction firm license (examination) $250.00
This includes a $150.00 annual license fee; $50.00
					 application fee; and $50.00 examination fee.
(8) Renewal of an auction firm license
				  $150.00
(9) Application and
				  processing fee for conversion of non-resident reciprocal license to $50.00
				  in-state license
(10)
				  Reinstatement of lapsed license $50.00
(11) Fingerprint card background check fee
				  $38.00
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0200 - APPLICATION FOR LICENSE › Section 04B .0203 - EXTENSIONS FOR MEMBERS OF THE ARMED FORCES

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall waive the license renewal fee and shall
					 grant an extension of time for up to one year for completing and reporting
					 continuing education credits for those licensees currently licensed and in good
					 standing with the Board who are serving in the Armed Services of the United
					 States, and to whom
					 G.S.
					 105-249.2 grants an extension of time to file
					 a tax return.
Authority
					 G.S.
					 93B-15;
Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0300 - EXAMINATIONS › Section 04B .0301 - SUBJECT MATTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The auctioneer
				  license examination shall test the applicant's knowledge of the following
				  subjects:
(1) a working knowledge of the
				  auction business including conduct of auctions, auctioneering ethics, contract
				  drafting, bid calling, basic mathematical computations and percentages,
				  advertising, settlement statements, and laws and rules that relate to the
				  auctioneering profession;
(2) the
				  provisions of the licensing law; and
(3) the rules of this Subchapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0300 - EXAMINATIONS › Section 04B .0302 - RE-EXAMINATION/REFUND OF FEES

Current through Register Vol. 39, No. 2, July 15, 2024
If the applicant does not appear at the initial examination
					 for which he or she has been scheduled or fails to pass such examination, he or
					 she will be re-scheduled for the next scheduled examination. If the applicant
					 again does not appear or fails to pass this examination, the Board shall refund
					 the licensure fee, but not the application or examination fee. A new
					 application and appropriate fees shall be required if the person wishes to
					 reapply.
Authority
					 G.S.
					 85B-4;
					 85B-6;
Eff. November
					 1, 1984;
Amended Eff. June 1, 1991;
Temporary Amendment
					 Eff. January 1, 2000;
Amended Eff. April 1, 2001;
Readopted Eff. July 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0300 - EXAMINATIONS › Section 04B .0303 - EXAM: REVIEW: PAPERS AND CONTENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  applicant who fails to obtain a passing score of 75 percent or higher on an
				  examination may request an appointment with the Board staff to review his or
				  her examination.
(b) All
				  examination papers shall remain the property of the Board. The contents thereof
				  shall not be divulged, except by express written authorization of the
				  Board.
Authority
					 G.S.
					 85B-4;
					 93B-8;
Eff. November
					 1, 1984;
Amended Eff. June 1, 1991;
Readopted Eff. July
					 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0400 - LICENSING › Section 04B .0401 - LICENSE NUMBER: DISPLAY OF LICENSE AND POCKET CARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Board shall issue to each individual or firm a non-transferable license number.
				  If the number is retired for any reason such as death, failure to continue in
				  the auction business, or failure to renew his or her license, the Board shall
				  not reissue the number.
(b) A
				  pocket card shall be issued by the Board with the auctioneer, apprentice
				  auctioneer, or auction firm's name, license number, and date of expiration. The
				  pocket card shall be carried when auctioneering activities are being conducted
				  by the licensee, and in the case of auction firms, each of the designated
				  persons, and shall be available for inspection by the Executive Director or
				  designated agent of the Board.
(c)
				  An auction firm shall display its license in its premises, so as to be visible
				  for inspection by patrons of the firm.
Authority
					 G.S.
					 85B-3.1;
					 85B-4;
Eff. November
					 1, 1984;
Amended Eff. May 1, 2006; April 1, 2001; January 1, 1995;
					 April 1, 1989;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0400 - LICENSING › Section 04B .0402 - LICENSE RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any licensee
				  seeking the renewal of a license that is in good standing shall submit the
				  required fees, records, and documentation as set forth in
				  21 NCAC
				  04B .0801(a) and
				  G.S.
				  143-788(a)(5) to verify the
				  licensee's compliance with G.S. 85B and the rules in this Chapter.
(b) Applications for renewal of licenses
				  shall only be processed by the Board upon receipt of the required fee and any
				  records, documents, or information required by Paragraph (a) of this
				  Rule.
(c) Any person or entity who
				  engages in any auctioneering activities governed by the auctioneers law while
				  the license is lapsed shall be subject to the penalties pursuant to
				  G.S.
				  85B-9.
(d) Persons or firms whose license has been
				  lapsed or suspended in excess of 24 months and who desire to be licensed shall
				  apply for a new license and shall meet all the requirements in effect at that
				  time. Persons or firms whose license has been lapsed or suspended in excess of
				  24 months and who desire to be licensed shall be exempt from the auctioneer
				  school or the apprenticeship requirements if the continuing education
				  requirements have been met for all lapsed or suspended years.
Authority
					 G.S.
					 85B-3.1;
					 85B-4;
Eff. November
					 1, 1984;
Amended Eff. April 1, 2001; January 1, 1995; April 1,
					 1989;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0400 - LICENSING › Section 04B .0403 - APPRENTICE AUCTIONEER LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  apprentice auctioneer's license shall be valid only while he or she is
				  associated with and supervised by a licensed auctioneer approved by the Board.
				  In order to be approved by the Board as a supervisor, the Board shall receive a
				  written notice, signed by the prospective supervisor and the apprentice,
				  requesting that the licensed auctioneer be approved as a supervisor for the
				  apprentice. Upon receipt of such a request, the Board shall review the
				  requested approval. The requested approval shall be denied by the Board if the
				  prospective supervisor fails to possess a minimum of five years of active
				  experience in the auctioneering profession or has committed any act that
				  resulted in license suspension or revocation under the rules of this Subchapter
				  or under G.S. 85B.
(b) The
				  supervising auctioneer shall be on the premises of the sale location and
				  supervise the apprentice auctioneer at all times that an apprentice auctioneer
				  is engaged in bid calling. Additionally, the supervising auctioneer shall
				  supervise the apprentice and ensure that the apprentice auctioneer conforms
				  with the auctioneer law and the rules of this Subchapter.
(c) Any licensed auctioneer who undertakes
				  the supervision of an apprentice auctioneer shall provide the apprentice with
				  training and supervision in the following:
(1) a working knowledge of the auction
				  business including conduct of auctions, auctioneering ethics, contract
				  drafting, bid calling, basic mathematical computations, advertising, and
				  settlement statements;
(2) the
				  provisions of the licensing law;
(3) the rules of this Subchapter;
				  and
(4) the preparation and
				  maintenance of written agreements, record books, and other sales records as
				  required by
				  G.S.
				  85B-7.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0400 - LICENSING › Section 04B .0404 - GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Board may assess a civil penalty in accordance with
				  G.S.
				  85B-3.1(b) or deny, suspend,
				  or revoke a license, or issue a letter of reprimand to a licensee, upon any of
				  the following grounds:
(1) violation of any
				  provision of G.S. 85B;
(2)
				  violation of any rule in this Subchapter;
(3) a check given to the Board in payment of
				  fees is returned unpaid;
(4)
				  allowing an unlicensed person to call a bid at a sale, except as authorized in
				  21 NCAC
				  04B .0506;
(5) auctioneering at an unlicensed auction
				  firm sale;
(6) failure to complete
				  an application or making any false statement or giving any false information in
				  connection with an application for a license, renewal, or reinstatement of a
				  license including:
(A) failure to cooperate
				  with any investigation; or
(B)
				  making any false statement or giving any false information in connection with
				  any investigation by the Board or the Board's staff;
(7) being adjudicated mentally incompetent by
				  a court;
(8) being convicted of a
				  crime that meets the requirements of
				  G.S.
				  93B-8.1(b);
(9) violation of any federal or state
				  statute, rule, or regulation that relates to the auctioneering
				  profession;
(10) practicing the
				  profession for which the individual is licensed while his or her ability to
				  practice was impaired by alcohol or other drugs or physical or mental
				  disability or disease;
(11) being
				  incompetent in practice. In this Subparagraph, "being incompetent in practice"
				  means the licensee has engaged in conduct that shows a lack of ability,
				  fitness, or knowledge to apply principles or skills of the auctioneering
				  profession;
(12) engaging in
				  unprofessional conduct. In this Subparagraph, "unprofessional conduct" means
				  the licensee has committed any prohibited act as set forth in
				  G.S.
				  85B-8(a);
(13) obtaining or attempting to obtain
				  compensation by fraud or deceit;
(14) violation of any order of the Auctioneer
				  Licensing Board requiring a licensee to comply with any provision of the
				  Board's law or administrative rules;
(15) failure to possess truth, honesty, and
				  integrity sufficient to be entitled to the high regard and confidence of the
				  public. In this Subparagraph, "a lack of truth, honesty, and integrity" shall
				  be shown by proof that the applicant or licensee is in violation of other
				  provisions of the Board's law and administrative rules that demonstrate that
				  the applicant or licensee fails to meet this standard; or
(16) failure to make the disclosures required
				  by 21
				  NCAC 04B .0405.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0400 - LICENSING › Section 04B .0405 - INVOLVEMENT IN COURT ACTION OR ADMINISTRATIVE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All auctioneers, apprentice auctioneers,
				  and auction firms, including their principals and designated person(s), shall
				  report to the Board all criminal arrests for, charges of, or convictions of a
				  misdemeanor that has as an element dishonesty, deceit, fraud, or
				  misrepresentation, or any arrests, charges, or convictions of any felony.
				  Convictions include findings of guilt, guilty pleas, and pleas of nolo
				  contendere. The Board shall receive written notice of any such arrest, charge,
				  or criminal conviction within 30 days of the occurrence of any or all of these
				  events.
(b) All auctioneers,
				  apprentice auctioneers, and auction firms, including their principals and
				  designated person(s), shall report to the Board all civil suits involving them
				  that are based upon any allegation of gross negligence, dishonesty, fraud,
				  misrepresentation, or incompetency, or that in any way involve an auction sale
				  or a transaction related to an auction matter or auctioneering. The Board shall
				  receive written notice of any such civil suit within 30 days of the date the
				  complaint in the suit is served on the defendant in the action, or the date a
				  pleading containing one or more of these allegations is served on a
				  party.
(c) All auctioneers,
				  apprentice auctioneers, and auction firms, including their principals and
				  designated person(s), shall report to the Board all administrative proceedings
				  commenced against them that involve any potential revocation or suspension of,
				  or other disciplinary action against, any auction license or auctioneer license
				  that they hold in another state. The Board shall receive written notice of any
				  such administrative proceeding within 30 days of the date the auctioneer,
				  apprentice auctioneer, or auction firm, including its principals and designated
				  person(s), is notified of the administrative proceeding.
Authority
					 G.S.
					 85B-3.1;
					 85B-4;
Eff. November
					 1, 1984;
Amended Eff. April 1, 2001; January 1, 1995; April 1,
					 1989;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0500 - SCHOOLS OF AUCTIONEERING › Section 04B .0501 - APPLICATION FOR COURSE APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Schools of auctioneering seeking approval of its curriculum and instructors by
				  the Board shall make application on a form prescribed by the Board, which may
				  be obtained from the Board using the information in Rule .0102 of this
				  Subchapter. The application form requires:
(1)
				  the school name;
(2) the name of
				  the school director;
(3) the
				  school's physical, postal mail, and email addresses;
(4) the school's website address (if
				  any);
(5) the school's telephone
				  number(s);
(6) the name, education
				  and experience qualifications, and hours to be taught for each
				  instructor;
(7) the instructor(s)
				  for, and hours to be taught in each Essential Core Curriculum topic;
(8) the instructor(s) for, and hours to be
				  taught in each supplemental Instruction topic; and
(9) the school director's
				  signature.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0500 - SCHOOLS OF AUCTIONEERING › Section 04B .0502 - REQUIREMENTS FOR APPROVAL/MINIMUM STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  course curriculum shall contain classroom instruction in the following subjects
				  for the minimum number of hours shown:
(1)
				  Essential Core Curriculum (minimum 50 hours):
15 Hours - Bid Calling, Voice Control, Proper Breathing
					 Techniques, and Use and Sequence of Numbers;
4 Hours - Advertising and Marketing;
8 Hours - Auctioneers Law and Rules and Regulations;
2 Hours - Uniform Commercial Code and Bulk
					 Transfers;
2 Hours - Drafting and Negotiating Contracts;
2 Hours - Closing Statements and Settlements;
8 Hours - Accounting and Mathematics;
2 Hours - Auctioneering Ethics;
2 Hours - Handling Sale Proceeds and Escrow
					 Accounts;
2 Hours - Auction Preparation and Setup; and
3 Hours - Review and Testing (End of Course).
(2) Supplemental Instruction Areas
				  (minimum 30 hours):
Antiques Heavy Equipment
Real Estate Automobiles
Technology Cattle and Livestock
Environmental Issues Public Speaking
Computers Estate Sales
Firearms Appraising
Foreclosure and Bankruptcy Sales Sales Tax
					 Requirements
Art, Rugs, Jewelry Ring Work
Body Language Consignment Auctions
Farm Machinery
Cyber Security and Client Property Protection
Each Supplemental Instruction Area shall be addressed in
					 the school.
(3) Schools
				  that include students that have expressed to the school an interest to become
				  North Carolina applicants shall provide a minimum of 2 hours of instruction on
				  the North Carolina Auctioneers Law and Rules, G.S. 85B and
				  21 NCAC
				  04B. This instruction shall be included
				  within the minimum required 8 hours instruction of Auctioneers Law and Rules
				  and Regulations.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0500 - SCHOOLS OF AUCTIONEERING › Section 04B .0503 - CERTIFICATION OF COURSE COMPLETION

Current through Register Vol. 39, No. 2, July 15, 2024
Schools shall furnish each student who completes his or her
					 course a transcript containing the student's name, the date the course was
					 completed, and the total number of hours completed by that
					 student.
Authority
					 G.S.
					 85B-4(d);
Eff.
					 November 1, 1984;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0500 - SCHOOLS OF AUCTIONEERING › Section 04B .0504 - RECORDS MUST BE MAINTAINED

Current through Register Vol. 39, No. 2, July 15, 2024
Each school shall maintain for five years, and make
					 available upon request of the Board or its staff, records containing the
					 following information:
(1) the dates,
				  times of instruction, and location of every course offered;
(2) for each student, the names, address(es),
				  and numbers of hours completed;
(3)
				  a list of all instructors used by the school, the qualifications of each, and
				  their addresses; and
(4) for each
				  course offered, the names of all instructors used, the subject(s) taught, the
				  number of hours that each instructor devoted to each subject, and the dates and
				  times of the instruction.
Authority
					 G.S.
					 85B-4(d);
Eff.
					 November 1, 1984;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0500 - SCHOOLS OF AUCTIONEERING › Section 04B .0505 - GROUNDS FOR APPROVAL, DENIAL, SUSPENSION, OR REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The approval of a school's curriculum and
				  instructors by the Board shall be valid for a period of two years. Each
				  approval shall be evaluated for reapproval by the Board prior to the expiration
				  of the two-year period.
(b) The
				  Board may deny, suspend, or revoke the approval of any school's curriculum and
				  instructors when it finds that the school has failed to meet or to maintain any
				  requirement of this Section. The Board may deny, suspend, or revoke the
				  approval of any school's curriculum and instructors upon a finding that any
				  information required under this Section was falsified or
				  misrepresented.
Authority
					 G.S.
					 85B-3(f);
					 85B-4(d);
Eff. November 1, 1984;
Amended Eff. April 1, 1996;
Readopted Eff. July 1, 2020;
Amended Eff. September 1,
					 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0500 - SCHOOLS OF AUCTIONEERING › Section 04B .0506 - ALLOWING UNLICENSED BID CALLERS: EXCEPTION

Current through Register Vol. 39, No. 2, July 15, 2024
A person enrolled in a class at a school of auctioneering
					 with Board-approved curriculum and instructors may call bids without a license
					 if it is done for the purpose of training and receiving instruction. The bid
					 calling by an unlicensed individual shall be done under the direct supervision
					 of a licensed auctioneer who is also an instructor in the school and who
					 further assumes responsibility for the activities of the student in the matter
					 involving bid calling.
Authority
					 G.S.
					 85B-4(d);
Eff.
					 November 1, 1984;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0600 - GENERAL AUCTIONEERING › Section 04B .0601 - CHANGE OF ADDRESS OR BUSINESS NAME OR OWNERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  licensees shall notify the Board in writing of each change or addition of
				  residence or business address, including mailing address, and change of trade
				  name, assumed name, or combination of names under which the licensee conducts
				  business related to auctions.
(b)
				  In the case of a corporate license, the licensee shall notify the Board of any
				  change in the directors or officers of the corporation. The new director(s) or
				  officer(s) shall comply with the provisions of
				  21 NCAC
				  04B .0201(d)(2)(A), (B), (D),
				  (E), and (F). If the new directors or
				  officers have a 51% or greater controlling interest in the corporation, the
				  firm license shall be retired and the firm shall apply for a new
				  license.
(c) In the case of a
				  partnership license, the licensee shall notify the Board of any change in
				  partners and such new partners shall comply with the provisions of
				  21 NCAC
				  04B .0201(d)(2)(A), (B), (D),
				  (E), and (F).
(d) In the case of an auction firm license,
				  the licensee shall notify the Board of any change in a designated person(s). If
				  the designated person is a currently licensed auctioneer under G.S 85B, the
				  designated person shall be required to comply with the provisions of
				  21 NCAC
				  04B .0201(d)(2)(A), (B), (D),
				  (E), and (F). If the designated person is not
				  a currently licensed auctioneer under G.S. 85B, the designated person shall be
				  required to comply with the provisions of
				  21 NCAC
				  04B .0201(d)(2)(A), (B), (D),
				  (E), and (F).
(e) Any changes of reported information
				  required by this Rule shall be reported within 10 days of the occurrence of
				  such change.
Authority
					 G.S.
					 85B-3.1;
Eff. November 1,
					 1984;
Amended Eff. April 1, 1996; January 1, 1995;
Temporary Amendment Eff. January 1, 2000;
Amended Eff. April 1,
					 2001;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0600 - GENERAL AUCTIONEERING › Section 04B .0603 - SALE PROCEEDS, ACCOUNTING AND ESCROW ACCOUNTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  payment made payable to the auctioneer/firm of which any portion belongs to
				  others, and not disbursed to the seller on auction day, shall be deposited in
				  an escrow account for the benefit of the owner or seller of such property
				  within three business days after receipt of same.
(b) Any licensee who disburses any funds on
				  auction day shall prepare a receipt or settlement statement in compliance with
				  G.S.
				  85B-7.1(a) and maintain
				  records in compliance with
				  G.S.
				  85B-7.1(b).
(c) Every auctioneer/firm that does not
				  disburse all funds to the seller on auction day shall establish and maintain a
				  separate bank account designated as "Custodial Account for Sellers Proceeds" or
				  some similar identifying designation, to disclose that the depositor is acting
				  as a fiduciary and that the funds in the account are trust funds.
(d) Custodial accounts created pursuant to
				  Paragraph (c) of this Rule shall be established and maintained in banks, credit
				  unions, or savings and loan associations located in North Carolina whose
				  deposits are insured by the Federal Deposit Insurance Corporation, or
				  comparable state or federal recognized insurance agency or program.
(e) The custodial account created pursuant to
				  Paragraph (c) of this Rule shall be drawn on only for payment of:
(1) the net proceeds to the seller, or to any
				  person that the auctioneer/firm knows is entitled to payment;
(2) to pay charges against the property that
				  the auctioneer/firm in its agency capacity is required to pay; and
(3) to obtain any sums due the
				  auctioneer/firm as compensation for its services.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0600 - GENERAL AUCTIONEERING › Section 04B .0604 - CONTRACTS, CONSIGNMENT RECORDS, SALES RECORDS, AND BIDDER REGISTRATION RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All written agreements for auctions and
				  registration, sales, and accounting records shall be maintained at the site
				  during the conduct of the auction and, upon request, shall be made available to
				  the Board or its staff.
(b) An
				  auction house, auction barn, or auction gallery business may enter into a
				  written agreement with repeat dealers or sellers for an extended period of
				  time, not to exceed one year.
(c)
				  The consignment records and sales records shall be kept by the licensee for a
				  period of two years from the date of the auction.
(d) At an auction house, auction barn, or
				  auction gallery, when consignments are brought to the location by the public
				  during that specific auction sale, the sales records and the consignment
				  records may be the same.
(e) The
				  bidder registration records shall contain the bidders' names, addresses,
				  telephone numbers, and email addresses. The bidder registration records shall
				  be kept by the licensee for a period of two years from the date of the
				  auction.
(f) All required records
				  shall be open for inspection by the Board or its designated agent at reasonable
				  times, or copies of the same shall be provided to the Board or its designated
				  agent upon written request.
(g) In
				  auctions of consigned property, any buyer's premium shall be calculated,
				  collected, and distributed according to terms authorized by the consignor in a
				  written auction contract.
Authority
					 G.S.
					 85B-7;
					 85B-7.1;
					 85B-8;
Eff. January
					 1, 1995;
Amended Eff. May 1, 2006;
Readopted Eff. July
					 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0600 - GENERAL AUCTIONEERING › Section 04B .0605 - BIDDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  auctioneer/auction firm shall bid on items in a sale he or she is conducting or
				  procure the bid without the intent to purchase the item. However, in a sale
				  with reserve, the auctioneer/auction firm may bid on the reserve item up to,
				  and including, the amount of the reserve price without the intent to purchase
				  the item. In any auction where the auctioneer/auction firm bids or such
				  auctioneer/auction firm procures such a bid, the auctioneer shall announce such
				  bidding in advance of the auction.
(b) A minimum opening bid shall not be
				  required in an absolute auction. Following an opening bid, the auctioneer may
				  set reasonable minimum bid increments. Such a policy shall be disclosed in the
				  auctioneer's/auction firm's spoken, posted, and written terms and conditions of
				  the sale. In this Paragraph "reasonable minimum bid increments" shall be
				  determined by the auctioneer or auction firm, based on the type and value of
				  the property being offered at an auction.
Authority
					 G.S.
					 25-2-328(4);
					 85B-1;
					 85B-3.1;
Eff. January
					 1, 1995;
Amended Eff. May 1, 2006; April 1, 2001;
Readopted Eff. July 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0600 - GENERAL AUCTIONEERING › Section 04B .0606 - AUCTION FIRMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All licensed
				  auction firms shall have at least one Board-approved designated person as
				  defined by
				  G.S.
				  85B-1(10). If a licensed
				  auction firm does not have at least one Board-approved designated person, it
				  shall not engage in auctioneering activity.
(b) Only Board-approved designated person(s)
				  for an auction firm shall have the authority to transact business under the
				  firm license. This includes arranging, managing, soliciting, and contracting
				  auctions; the supervision of the auction staff; the supervision of the
				  acceptance of consignments of items for sale at auction; the supervision of the
				  advertising of an auction; and the supervision of the acceptance of payment and
				  disbursement of monies for items sold at auction.
(c) At least one designated person shall be
				  on the premises of an auction firm's auction sale location while the auction
				  sale is conducted.
(d) Any
				  auctioneer licensed under G.S. 85B may call bids for a licensed auction firm
				  without being a designated person.
(e) Any apprentice auctioneer licensed under
				  G.S. 85B and supervised by his or her supervising auctioneer may call bids for
				  a licensed auction firm without being a designated person.
(f) Individuals that hold a currently valid
				  real estate broker license shall be exempt from the auction firm examination.
				  Their authority to transact business as a designated person under the auction
				  firm license is limited to real estate sales at auction.
Authority
					 G.S.
					 85B-1;
					 85B-3.1;
					 85B-4;
Eff. May 1,
					 2006;
Readopted Eff. July 1,
					 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 04 - AUCTIONEERS › Subchapter B - AUCTIONEER LICENSING BOARD › Section .0600 - GENERAL AUCTIONEERING › Section 04B .0607 - SOLE PROPRIETOR AUCTION BUSINESSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  licensed auctioneer who owns and operates a sole proprietor auction business
				  has the responsibility for arranging, managing, soliciting, and contracting
				  auctions; the supervision of the auction staff; the supervision of the
				  acceptance of consignments of items for sale at auction; the supervision of the
				  advertising of an auction; and the supervision of the acceptance of payment and
				  disbursement of monies for items sold at auction.
(b) A licensed auctioneer or an apprentice
				  auctioneer who is employed or contracted by another licensed auctioneer who
				  owns and operates a sole proprietor auction business shall only be responsible
				  for calling bids and performing duties that a non-auctioneer is allowed to
				  perform.
(c) A licensed auctioneer
				  who owns and operates a sole proprietor auction business shall be on the
				  premises of his or her businesses' auction sale location while the auction sale
				  is conducted.
Authority
					 G.S.
					 85B-1;
					 85B-3.1;
Eff. May 1,
					 2006;
Readopted Eff. July 1,
					 2020.