Indiana Auctioneer Commission- Provisions

Annotated Indiana Code
Title 25. Professions and Occupations
Article 6.1. Auctioneers and Auctions
Chapter 2. Creation of Commission


25-6.1-2-1 Creation and membership

Sec. 1. Creation and Membership. (a) The Indiana auctioneer commission is created consisting of six (6) members, not more than four (4) of whom may be members of the same political party.
(b) A member of the commission is appointed by the governor to serve for a term of three (3) years and until his successor is appointed and qualified. A vacancy arising on the commission shall be filled by the governor, and the individual appointed to fill such vacancy shall serve for the unexpired term of the individual whose vacancy is being filled.
(c) Five (5) individuals appointed to membership on the commission must be citizens of Indiana and engaged as auctioneers for a period of not less than five (5) years immediately preceding their appointment. One (1) individual appointed to membership on the commission must be a citizen of Indiana who has not been associated with auctioneering in any way other than as a consumer.
(d) An individual may not act as a member of the commission while holding another elected or appointed office in either the state or federal government.

25-6.1-2-2 Quorum.

(a) The commission shall, at its first meeting each year, at a time and place established by the chairman, conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the commission. The secretary shall provide reasonable notice of the time and place of each meeting to all members.

(b) Three (3) members constitute a quorum for the purpose of transacting business. A majority vote of the commission is necessary to bind the commission.

25-6.1-2-3 Officers

Sec. 3. (a) At the first meeting held each year, the commission shall elect from its membership a chairman and a vice chairman. Each officer shall serve for a term of one (1) year and until the officer's successor is elected.
(b) The chairman shall preside at all meetings of the commission.
(c) The vice chairman shall act as presiding officer in the absence of the chairman and shall perform such other duties as the chairman may direct.
(d) The commission shall be provided with an executive secretary by the licensing agency. The person provided may not be a member of the commission.
(e) The executive secretary, through the licensing agency, shall:
(1) notify all members of meetings;
(2) keep a record of all meetings of the commission, votes taken by the commission, and other proceedings, transactions, communications, official acts, and records of the commission; and
(3) perform other duties as the chairman directs.

25-6.1-2-4 Per diem and expenses

Sec. 4. Per Diem and Expenses. Each member of the commission shall receive a salary per diem for each day actually engaged in service of the commission, together with reimbursement for necessary travel expense incurred in the performance of his strictly official duties, in accordance with travel policies and procedures established by the department of administration and the state budget agency. The compensation and expense of said commission shall be paid out of the general fund of the state upon appropriation being made therefor in the manner provided by law for the making of such appropriations.


25-6.1-2-5.  Powers.

(a) The commission is empowered to do the following:

     (1) Administer and enforce the provisions of this article.

     (2) Adopt such rules in accordance with IC 4-22-2 and such forms as are necessary or appropriate for the administration and the effective and efficient enforcement of this article.

     (3) Issue, suspend, and revoke licenses in accordance with this article.

     (4) Subject to IC 25-1-7, investigate complaints concerning licensees or persons the commission has reason to believe should be licensees, specifically including complaints respecting failure to comply with this article or the rules, and to take appropriate action pursuant to IC 25-1-11.

     (5) Bring actions, in the name of the state of Indiana, in an appropriate circuit court in order to enforce compliance with this article or the rules by restraining order or injunction.

     (6) Hold public hearings on any matters for which a hearing is required under this article and to have all powers granted in IC 4-21.5.

     (7) Adopt a seal and, through its secretary, certify copies.

(b) The licensing agency shall provide necessary employees and consultants to enforce this article.

(c) The commission shall adopt rules under IC 4-22-2 establishing the following:

     (1) Standards for competent:

         (A) practice as an auctioneer; and

         (B) operation of an auction company.

     (2) Continuing education requirements for an individual who has reactivated an auctioneer license with less than twelve (12) months remaining in the licensing period.

25-6.1-2-6 Fees; disposition

Sec. 6. Fees, disposal. All fees received by the commission under this article shall be paid to the state treasurer to be placed by him in the general fund of the state. All records of such fees received by the commission shall be available for the inspection of the general public.

Ind. Code Ann. § 25-6.1-2-1-6