HB139 By Representative Boothe RFD Boards, Agencies and Commissions Rd 1 09-FEB-16

SYNOPSIS: Under existing law, the State Board of Auctioneers is responsible for licensing auctioneers in the state.

This bill would increase the administrative fines the board may impose for a violation of the licensing laws.

This bill would require the board to meet four times a year but without specifying the months during which they must meet.

This bill would also provide that a majority of board members currently serving constitutes a quorum at a board meeting.

A BILL TO BE ENTITLED AN ACT

Relating to the Board of Auctioneers; to amend Sections 34-4-29 and 34-4-52, Code of Alabama 1975; to increase the administrative fines the State Board of Auctioneers may impose for a violation of the licensing laws; to require the board to meet four times a year but without specifying the months during which they must meet; and to provide that a majority of board members currently serving constitutes a quorum at a board meeting.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-4-29 and 34-4-52, Code of Alabama 1975, are amended to read as follows:

§34-4-29.

"(a) The board may revoke or suspend licenses as provided in this section.

"(b) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person containing evidence, documentary or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer, apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing on the complaint.

"(c) The board may suspend or revoke any license which has been issued based on false or fraudulent representations. The board may also suspend or revoke the license of any licensee for any of the following acts:

"(1) Making any substantial misrepresentation.

"(2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents, advertising, or otherwise.

"(3) Accepting valuable consideration as an apprentice auctioneer for the performance of any of the acts specified in this chapter from any person other than his or her employer auctioneer.

"(4) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep funds of others in an escrow or trustee account.

"(5) Paying valuable consideration to any person for services performed in violation of this chapter.

"(6) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony.

"(7) Violation of any rule or regulation promulgated by the board.

"(8) Failure to furnish voluntarily at the time of execution copies of all written instruments prepared by the auctioneer or apprentice auctioneer.

"(9) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness.

"(10) Any conduct of any auctioneer which demonstrates improper, fraudulent, or dishonest dealings.

"(11) Failing prior to the sale at public auction to enter into a written contract with the owner or cosignee of any property to be sold containing the terms and conditions upon which the licensee received the property for sale.

"(12) Failure by the auctioneer conducting an auction to show his or her name and state license number in the advertising of the auction.

"(13) Presenting a worthless check to the board.

"(d) Before denying an application for license or suspending or revoking any license, the board shall hold a hearing and shall, at least 21 days prior to the date set for the hearing, notify in writing the accused licensee of the charges made or the question to be determined, including notice of the time and place of the hearing, and afford the licensee an opportunity to be present, be heard in person or by counsel, and to offer evidence orally, or by affidavit or deposition. Written notice may be served by delivery of the notice personally to the applicant or licensee or by mailing the notice by registered or certified mail to the last known mailing address of the applicant or licensee. If the applicant or licensee is an apprentice auctioneer, the board shall also notify the auctioneer employing him or her, or whose employ he or she is about to enter, by mailing notice by registered or certified mail to the auctioneer's last known address. The hearing shall be held at a time and place prescribed by the board.

"(e) In addition to the disciplinary powers granted in this section, the board may levy and collect administrative fines for serious violations of this chapter or the rules and regulations of the board of not less than $200 five hundred dollars ($500) or more than $500 two thousand five hundred dollars ($2,500) for each violation.

§34-4-52.

"The board shall meet at least four times each year, in January, April, July, and October, for the purpose of transacting business as may properly come before the board. Special meetings of the board shall be held at such times as the board may provide in the bylaws the board may adopt. Four A majority of the currently appointed members shall constitute a quorum at a board meeting. Due notice of each meeting and the time and place thereof shall be given each member in such manner as the bylaws may provide."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Auctioneers, State Board of

Auctions and Auctioneers

Licenses and Licensing

Code Amended