§ 4601. Repealed. 2003, No. 60, § 37.
§ 4602. Definitions
As used in this chapter:
(1) “Auction” means the offering of real or personal property for sale by means of exchanges
between an auctioneer and bidders.
(2) “Auctioneer” means a person who, for a fee or other compensation, conducts, advertises,
or offers services to conduct auctions. Not included in this definition are persons
required or authorized by law to sell real or personal property to retailers or merchants.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “Disciplinary action” means any action taken by an administrative law officer established
under 3 V.S.A. § 129(j) against a licensed auctioneer or an applicant. It includes all sanctions of any kind,
including the denial of licensure and the issuance of warnings, reprimands, conditions,
suspensions, or revocations of licensure. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 34; 2005, No. 27, § 112; 2013, No. 27, § 47.)
§ 4603. Prohibition; penalty
(a) No person shall use in connection with the person’s name any letters, words, or insignia
indicating or implying that the person is a licensed auctioneer unless the person
is licensed in accordance with this chapter.
(b) No person shall provide services as an auctioneer as defined by this chapter unless
the person is licensed in accordance with this chapter.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 35; 2007, No. 29, § 73.)
§ 4604. Director; duties
(a) The Director shall have the following duties:
(1) provide general information to applicants for licensure as auctioneers;
(2) explain appeal procedures to licensed auctioneers and applicants, and complaint procedures
to the public;
(3) administer fees established by law;
(4) receive applications for licensure, issue licenses to applicants qualified under this
chapter, deny or renew licenses, and issue, revoke, suspend, condition, and reinstate
licenses as ordered by an administrative law officer;
(5) refer complaints and disciplinary matters to an administrative law officer.
(b) The Director, after consultation with the advisor appointees, may adopt rules necessary
to perform the Director’s duties under this chapter. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4605. Advisor appointees
(a) The Secretary of State shall appoint two licensed auctioneers for five-year terms
to serve as advisors in matters relating to auctioneers. One of the initial appointments
may be for less than a five-year term. Appointees shall not have less than three years’
experience as an auctioneer immediately preceding appointment, and shall be actively
engaged in practice as an auctioneer in Vermont during incumbency.
(b) The Director shall seek the advice of the auctioneer advisors in carrying out the
provisions of this chapter. The advisors shall be entitled to compensation and necessary
expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4606. Application
(a) A person who desires to be licensed as an auctioneer shall apply to the Director,
in writing, on a form furnished by the Director, accompanied by payment of the required
fee. As a prerequisite to licensure, an applicant for licensure as an auctioneer shall
have:
(1) completed a course of instruction at an auctioneering school approved by the Director
with course requirements consisting of at least 40 clock hours; or
(2) completed an apprenticeship of at least 250 hours of experience obtained within one
calendar year that includes active participation in at least six auctions, including
bid calling, under the direction and supervision of an auctioneer licensed and in
good standing with this State or the state in which he or she is licensed and who
has been in practice a minimum of three years. Such proof may be in the form of a
sworn affidavit from the supervising auctioneer, including information as the Director
may reasonably require on forms provided by the Director. Auctioneer apprentices shall
contact the Office for the appropriate forms prior to beginning the apprenticeship.
Registered apprentices may perform auctioneering incidental to their apprenticeship
under the direct supervision of a licensed auctioneer.
(b)(1) The Director shall license otherwise qualified applicants who have obtained a license
in another jurisdiction that has licensure requirements substantially equivalent to
those in this State.
(2) For experienced applicants from states without licensure, the Director may allow related
education, training, or experience of the applicant on a case-by-case basis to be
a substitute for all or part of the apprenticeship requirement. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002; amended 2003, No. 60, § 36; 2005, No. 27, § 113; 2013, No. 27, § 47a.)
§ 4607. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee.
(b) Biennially, the Director shall forward a renewal form to each license holder. Upon
receipt of the completed form and the renewal fee, the Director shall issue a new
license.
(c) Any application for reinstatement of a license that has lapsed shall be accompanied
by the renewal fee and the late renewal penalty. A person shall not be required to
pay renewal fees for years during which the license was lapsed. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4608. Claims
Final settlement of accounts between consignors of auctioned goods and any auctioneer
licensed under this chapter shall be made within 30 days of the auction sale from
which the consignment was made. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)
§ 4609. Unprofessional conduct
(a) The term “unprofessional conduct” means misusing a title in professional activities
and any of the conduct listed in 3 V.S.A. § 129a, whether committed by a licensed auctioneer or an applicant.
(b) After hearing, and upon a finding of unprofessional conduct, an administrative law
officer may take disciplinary action against a licensed auctioneer or applicant. (Added 2001, No. 151 (Adj. Sess.), § 43, eff. June 27, 2002.)