Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.12a - Schedule of civil penalties-auctioneers, apprentice auctioneers and auction companies

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF AUCTIONEER EXAMINERS
Violation Under 63 P.S.
Violations Under Title 49 Chapter 1
Description of
								  Violation
Penalties
Sections 734.3(a), 734.5(e) and
								  734.20(a)(9)
N/A
Auctioneer or apprentice auctioneer operating on
								  a lapsed license in this Commonwealth.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Sections 734.3(a) and 724.20(a)(9)
N/A
Engaging in unlicensed auctioneering activities
								  in this Commonwealth.
1st offense-$1,000
2nd offense- formal action
Sections 734.3(a) and 734.20(a)(9)
N/A
Operating as an unlicensed auction company in
								  this Commonwealth.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Sections 734.3(a)(1), 734.5(e) and 734.20(a)(9)
N/A
Operating an auction company on a lapsed license
								  in this Commonwealth.
1st offense-$500
2nd offense-$1,000
3rd offense- formal action
Section 734.20(a)(12)
N/A
Failure of an auctioneer to establish or
								  maintain an escrow account.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Sections 734.21 and 734.20(a)(9)
N/A
Failure of an auctioneer to immediately deposit
								  gross auction sale proceeds into an escrow account.
1st offense-$500
2nd offense-3rd offense- formal
								  action
Sections 734.15.1 and 734.20(a)(9)
N/A
Failure of an auctioneer to enter into a written
								  contract with the owner or consignor of the property to be sold at auction
								  prior to the auction sale.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Sections 734.15.1 and 734.20(a)(9)
N/A
Failure of an auctioneer to keep contracts on
								  file in the office of the auctioneer.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Sections 734.16(b) and 734.20(a)(9)
N/A
Failure or refusal of an auctioneer to permit
								  inspection of auction sale records at all reasonable times by BEI inspectors or
								  investigators.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Sections 734.18(a) and 734.20(a)(9)
N/A
Failure of an auctioneer to display auctioneer
								  license in the auctioneer's office.
1st offense-$250
2nd offense-$500
3rd offense-formal action
Sections 734.18(b) and 734.20(a)(9)
N/A
Failure of an apprentice auctioneer to display
								  the apprentice auctioneer license in the apprentice auctioneer's office.
1st offense-$250
2nd offense-$500
3rd offense-formal action
Section 734.20(a)(10)
§ 131(c) and (d)
Failure of a sponsor to either directly
								  supervise the apprentice while the apprentice is conducting an auction or to
								  provide for appropriate substitute supervision of the apprentice by a qualified
								  auctioneer.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
Section 734.20(a)(10)
§ 1.31(c) and (e)
Apprentice auctioneer conducting an auction sale
								  without direct supervision by either the sponsor or an authorized substitute
								  sponsor.
1st offense-$500
2nd offense-$1,000
3rd offense-formal action
The provisions of this §
													43b.12a amended under section 5(a)
						  of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. §
														2205(a)).