Auctioneers License Kentucky

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.020 Definitions for chapter
330.030 Auctioneer's license required
330.040 Exceptions to KRS 330.030
330.050 Board of Auctioneers; membership; qualifications; terms; compensation; powers; employees; funds; publication of list of licensees; administrative regulations; removal of board members
330.060 Issuance of license; conditions; examination, fee, exception; service of process
330.070 Apprentice auctioneer requirements; license fee; continuing education requirement; pocket license; duty of auctioneer upon termination of apprentice employment; placement of licenses in escrow; notice of change of address
330.095 Reciprocal licensing without examination; continuing education requirements
330.100 Place of business; sign to be erected, requirements, exception; claims and disputes
330.110 License suspension, revocation, and other penalties; grounds

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.020 Definitions for chapter
As used in this chapter, unless the context otherwise requires:
(1) “Advertisement” means any written, oral, or electronic communication that:
(a) Offers real or personal property or any combination thereof by or at auction; or
(b) Promotes, solicits, induces, or offers to conduct an auction or to provide auction services;
(2) “Apprentice auctioneer” means any person who is employed or supervised, directly or indirectly, by an auctioneer to deal or engage in any activity in subsection (6) of this section, excluding the authority to enter into an auction listing contract or to independently maintain an auction escrow account;
(3) “Auction” means any method of sale, lease, or exchange of real property, personal property, or any combination thereof, by means of competitively increasing or decreasing bids. Any sale, lease, or exchange of real property, personal property, or any combination thereof, advertised or presented in any way by or at auction, is an auction for the purposes of this chapter;
(4) (a) “Auction house” means any commercial establishment at which personal property is regularly or customarily offered at auction, or at which personal property is customarily or regularly deposited and accepted, on consignment or otherwise, for sale at auction at a fixed location;
(b) “Auction house” does not mean:
1. Those establishments which limit personal property sold in regard to Thoroughbred horses or other horses or any interests therein, including but not limited to horse shares and seasons;
2. Tobacco and fixed-base livestock markets regulated by the United States Department of Agriculture; or
3. Fixed-base motor vehicle markets regulated by the Kentucky Motor Vehicle Commission pursuant to KRS Chapter 190;
(5) “Auction house operator” means the individual principally or ultimately responsible for the operation of an auction house, or in whose principal interest the establishment is operated. The auction house operator is responsible for retaining a licensed auctioneer to call bids at all auctions at the auction house;
(6) “Auctioneer” or “principal auctioneer” means any person who offers, solicits, negotiates, or attempts to offer, solicit, or negotiate an auction listing contract, sale, lease, or exchange of real property, personal property, or any other item of value, or any combination thereof, which may lawfully be kept or offered for sale, lease, or exchange, or any combination thereof, by or at auction, or who offers the same at auction and who is allowed to supervise and accepts the responsibility of sponsoring one (1) or more apprentice auctioneers;
(7) “Board” means the Board of Auctioneers;
(8) “Limited livestock auctioneer” means any auctioneer whose professional activities are limited to the calling of bids at the sale of livestock at fixed-based livestock yards operating under the control and guidance of the United States Department of Agriculture;
(9) “Personal property” means any tangible or intangible property, goods, services, chattels, merchandise, commodities, or any item of value in any form or type, other than real property, which may be lawfully kept or offered for sale, exchange, or lease;
(10) “Person” means any individual, association, partnership, corporation, limited liability company, or other business entity, including any officer, director, or employee thereof;
(11) “Real property” means real estate in its ordinary meaning, including but not limited to timeshares, options, leaseholds, and other interests less than leaseholds of any form or type which may be lawfully kept or offered for sale, exchange, or lease; and
(12) “Sealed bid auction” means a sealed bidding procedure which incorporates or allows for any competitive increasing or decreasing of bids after the opening of sealed bids. A “sealed bid auction” is an auction subject to the provisions of this chapter.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.030 Auctioneer's license required
 (1) It is unlawful for any person to advertise or act as an auctioneer or apprentice auctioneer within the Commonwealth, or advertise or act as an auctioneer or apprentice auctioneer of real or personal property located within the Commonwealth, without a license issued by the board.
(2) It is unlawful for any person to advertise or act as a limited livestock auctioneer within the Commonwealth without a license issued by the board.
(3) It is unlawful for any person to advertise or act as an auction house operator within the Commonwealth without a license issued by the board.
(a) An auction house operator shall be a licensed auctioneer or apprentice auctioneer if he or she acts as an auctioneer or apprentice auctioneer. If licensed as an auctioneer, an auction house operator license shall not be required.
(b) If an auction house operator conducts and operates more than one (1) auction house, a license shall be issued for each location, and the initial and renewal fees shall be applicable.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.040 Exceptions to KRS 330.030
 (1) KRS 330.030 shall not apply to:
(a) An auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree, or to any sale required by law to be at auction;
(b) An auction of any real or personal property conducted exclusively by an individual who personally owns such real or personal property and who did not acquire such real or personal property for resale. This paragraph is applicable only to individuals. It does not apply to any other “person” as defined in KRS 330.020, nor does it apply to any officer, director, or employee thereof when engaged in any duties associated with those capacities.
(c) Any person who calls bids at the sale of livestock owned and offered at auction by 4-H Clubs or FFA Clubs or club members, or by any university operated by the Commonwealth of Kentucky;
(d) An auction conducted by or on behalf of any political party, church, or charitable organization, corporation, or association if:
1. The individual conducting the sale receives no compensation and does not, by advertising or otherwise, present himself or herself as a licensed auctioneer;
2. All real or personal property is donated and not consigned; and
3. One hundred percent (100%) of the net proceeds of the auction are donated to the political party, church, or charitable organization, corporation, or association; or
(e) A student who:
1. Is calling bids for a maximum of twenty (20) items or lots of personal property during a twenty-four (24) hour period at an auction;
2. Is under the direct supervision of a person who is both the student's instructor from a board-approved auction education provider and a licensed auctioneer; and
3. Receives no compensation and does not, by advertising or otherwise, present himself or herself as being a licensed auctioneer.
The student and the supervising auctioneer instructor may both be liable for the student's auction-related activities.
(2) Notwithstanding the provisions of this section, a licensee shall not be exempt from any provisions of this chapter in connection with or by reason of his participation in any sale excepted under this section.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.050 Board of Auctioneers; membership; qualifications; terms; compensation; powers; employees; funds; publication of list of licensees; administrative regulations; removal of board members
 (1) There is hereby created a Board of Auctioneers. The Governor shall appoint a board consisting of five (5) members, all of whom immediately prior to the date of their appointment have been residents of the Commonwealth of Kentucky for five (5) years, and four (4) whose vocation for a period of at least five (5) years has been that of an auctioneer. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. The term of the members of the board shall be for three (3) years and until their successors are appointed and qualified. Members to fill vacancies shall be appointed for the unexpired term.
(2) At no time shall there be more than two (2) auctioneer members of the same political party on the board. Whenever there is an auctioneer vacancy on the board, the Kentucky Auctioneer Association shall recommend to the Governor at least three (3) names for each auctioneer vacancy, and such appointment or appointments shall be made from the recommendations of the association.
(3) The board, immediately upon qualification of the member appointed in each year, shall organize by selecting from its members a chairman.
(4) Each member of the board shall receive the sum of twelve thousand dollars ($12,000) per year, payable twice monthly, and reimbursement for actual and necessary expenses incurred in the performance of official duties.
(5) The board shall have full authority to employ, and discharge, any personnel, including counsel, as it may deem necessary to efficiently administer and enforce the provisions of this chapter, and it shall outline the duties and fix the compensation of such persons, provided that compensation shall be comparable to the salaries paid other state employees, if any, which the board may deem to be doing similar work. The board shall obtain office space, furniture, stationery, and any other proper supplies and conveniences reasonably necessary to carry out the provisions of this chapter. If any items deemed to be reasonably necessary by or which are required by the board are available through vendors under contract with the Commonwealth of Kentucky at less cost than if obtained otherwise, then the items shall be acquired pursuant to the contract. The board shall have full authority to obtain for its members, staff, and employees complete insurance coverage, including, but not limited to, liability and errors and omissions insurance, so long as the insurance concerns the business of the board.
(6) All fees and charges collected by the board under the provisions of this chapter shall be paid into the State Treasury through the Finance and Administration Cabinet and shall be credited to an agency fund account for the Board of Auctioneers under the provisions of KRS 45.253 and shall be withdrawn or expended as provided in that section, if such payment, credit, withdrawal, or expense provisions do not conflict with any provision of this chapter.
(a) The board may establish and collect reasonable fees relating to the administration and enforcement of this chapter for application or other processing costs, on-line service, continuing education provider services, copy and mailing services, or other fees necessary to offset the licensing and processing costs.
(b) The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, fines, penalties, and other income imposed under the provisions of this chapter and paid into the state treasury.
(c) The board shall be financially self-sustaining, and if funds permit it may underwrite, within its financial limitations, educational programs for the enlightenment and benefit of all licensees who have paid fees pursuant to this chapter.
(7) The board shall maintain annually a list of the names and addresses of all licensees regulated by the board. This list shall also contain the names of all persons whose licenses have been suspended or revoked within the preceding year, as well as any other information relative to the enforcement of the provisions of this chapter that the board may deem of interest to the public.
(8) The board may promulgate administrative regulations in accordance with KRS Chapter 13A as required to fulfill the duties and functions assigned to the board by this chapter.
(9) A board member shall be automatically removed from the board and a vacancy shall occur when:
(a) An auctioneer member of the board ceases to be a licensed auctioneer;
(b) A nonlicensed member of the board acquires a license regulated by the board;
(c) A board member enters a plea of guilty, an Alford plea, a plea of no contest to, or has been convicted of, any felony, and the time for appeal has passed or the judgment of conviction has been finally affirmed on appeal; or
(d) A board member ceases to be a resident of the Commonwealth of Kentucky.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.060 Issuance of license; conditions; examination, fee, exception; service of process
 (1) Every applicant for licensure shall be at least eighteen (18) years of age, show proof of a high school diploma or equivalent, and, within the preceding five (5) years, shall not have committed any act that constitutes grounds for license suspension or revocation under this chapter.
(a) The board may waive the high school diploma or equivalent requirement for an apprentice, licensed prior to 1985, applying for an auctioneer license.
(b) Any license issued pursuant to this chapter shall be granted only to a person found to be of good repute, trustworthy, and competent to transact the business for which the license was granted in a manner requisite to safeguarding the interest of the public.
(c) Effective July 1, 2010, an applicant for an apprentice auctioneer license shall have successfully completed at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider.
(d) The board may waive the eighty (80) hours of approved classroom instruction requirement if the applicant demonstrates sufficient previous auction experience and competency by affidavit or other evidence as required by the board.
(2) The board is authorized to require information from every applicant to determine the applicant's honesty and truthfulness.
(3) Every applicant shall successfully complete an examination, conducted by the board or its authorized representative. Every application for examination shall be submitted on board-prepared forms, and each applicant shall furnish pertinent background data as outlined on the forms.
(a) To defray the cost of administration of the examination, the board shall require each applicant to remit an examination fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(b) Examination fees shall be nonrefundable.
(c) If the applicant is unable to attend the scheduled exam, the examination fee shall be deferred to the next scheduled administration of the examination.
(d) Upon successful completion of the examination, the applicant shall apply for initial licensure within forty-five (45) days of receiving notice of successfully completing the examination.
(e) The examination shall be of the scope and wording sufficient in the judgment of the board to establish the competency of the applicant to act as an auctioneer or other licensee regulated by the board.
(4) If a license has been revoked, suspended, or is allowed to expire without renewal, the board may require the applicant to pass the written examination or complete some form of board-approved auction education before a license may be issued.
(5) If a license has not been renewed within six (6) months of the expiration date, the board shall require a person to successfully complete the written examination before a license is issued.
(6) In addition, every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the Commonwealth of Kentucky, by the service of any summons, process, or pleadings authorized by law on the authorized representative of the board. The consent shall stipulate and agree that the service of any summons, process, or pleadings on the authorized representative shall be taken and held in all courts to be as valid and binding as if actual service had been made upon the applicant in Kentucky. In case any summons, process, or pleadings are served upon the authorized representative of the board, it shall be by duplicate copies, one (1) of which shall be retained in the office of the board, and the other immediately forwarded by certified mail, return receipt requested, to the last known business address of the applicant against whom the summons, process, or pleadings are directed.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.070 Apprentice auctioneer requirements; license fee; continuing education requirement; pocket license; duty of auctioneer upon termination of apprentice employment; placement of licenses in escrow; notice of change of address
(1) An apprentice auctioneer applying for an auctioneer license shall, subject to the provisions of KRS 330.060:
(a) Possess a current Kentucky apprentice auctioneer license;
(b) Serve an apprenticeship for a period of one (1) year as an apprentice auctioneer in Kentucky;
(c) Submit a statement to the board, signed by the principal auctioneer, verifying that the applicant has actively and materially participated in at least ten (10) auctions prior to application; and
(d) Successfully complete at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider. The board may waive the eighty (80) hours of approved classroom instruction requirement if the applicant demonstrates sufficient previous auction experience and competency by affidavit or other evidence as required by the board.
(2) An apprentice auctioneer with an original license issued prior to June 30, 2010, or after July 1, 2015, shall be required to successfully complete the auctioneer examination.
(3) If an applicant for an auctioneer license resides in a state which does not have a current reciprocity agreement with the board, the board may waive the eighty (80) hour education requirement or the apprenticeship requirement, or both, if the applicant demonstrates sufficient previous auction experience and competency by affidavit or by other evidence as required by the board.
(4) An applicant for an auctioneer license who has previously held an auctioneer license which has been revoked, suspended, or which has expired without renewal may request, and the board may grant, a waiver of the requirement of possession of a current apprentice license.
(5) Every application for a license issued by the board shall be submitted on forms prepared by the board. Each applicant shall furnish pertinent background data as outlined on those forms.
(6) The board shall promulgate administrative regulations in accordance with KRS Chapter13A to establish an initial license fee and annual renewal license fee, neither of which shall exceed one hundred fifty dollars ($150).
(a) All licenses shall expire on the thirtieth day of June.
(b) Each license shall be renewed on or before the expiration date.
(c) In addition to the renewal fee, a late fee shall be established by administrative regulations promulgated by the board on each license renewed within six (6) months after the expiration date.
(d) In the absence of any reason or condition which might warrant the refusal of renewing a license, and upon timely receipt of the renewal form and the annual fee, the board shall issue a license for the ensuing year.
(7) (a) The board may require as a condition precedent to the renewal of any license, that each licensee complete continuing education up to ten (10) hours per license year. The board may impose different continuing education requirements upon different classifications of licenses under this chapter. The continuing education requirements in this subsection shall not apply to those auctioneers licensed prior to January 1, 1980.
(b) A licensee who has not completed the required continuing education may, within the time period set forth in subsection (6) of this section, remit a fee established by administrative regulations promulgated by the board with the applicable renewal fees, and the continuing education reporting requirement shall be deferred to the next annual renewal. If the licensee fails to meet the continuing education requirement for the next annual renewal, the licensee shall successfully complete the examination before renewal of his or her license.
(c) 1. The board may require all licensees to complete a six (6) hour board-approved core course once every four (4) years, that includes the core subjects of Kentucky auction statutes and regulations, ethics, and any other subject matter deemed appropriate by the board.
2. Effective July 1, 2016, each licensee with at least twenty-five (25) years of continuous licensure shall be exempt from the requirements of this paragraph.
(8) The board shall prepare and deliver to each licensee a pocket license. The pocket license of the apprentice auctioneer shall contain the name and address of his or her principal auctioneer. The board shall also prepare and deliver a license to each auction house operator.
(a) Auction house operators shall display their licenses conspicuously and at all times in the auction house identified on the license.
(b) All licensees shall carry their pocket licenses, or a digital facsimile thereof, when performing auctioneering tasks, to be shown upon request.
(c) A license or pocket license shall be replaced upon the request of the licensee and payment of a replacement fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(9) When an apprentice auctioneer is discharged or voluntarily terminates employment with the auctioneer for any reason:
(a) It shall be the immediate duty of the principal auctioneer to deliver to the board a written release of the apprentice auctioneer; and
(b) The apprentice auctioneer shall affiliate with a principal auctioneer within thirty (30) days by submitting to the board an affiliation letter signed by the new principal auctioneer and a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
An apprentice auctioneer shall not perform any of the acts regulated by this chapteruntil receiving a new license bearing a new principal auctioneer's name and address.
(10) (a) A licensee may place his or her license in escrow with the board if the licensee does not engage in any board-regulated auctioneering activity and continues to pay the annual renewal license fee.
(b) For each year the license is in escrow, a licensee shall be exempt from the contribution to the auctioneer's education, research, and recovery fund and the continuing education requirement.
(c) To reactivate a license in escrow, the licensee shall complete the core course and pay a reactivation fee and the annual renewal recovery fee, both of which shall be established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(11) Notice in writing shall be given to the board by each licensee of any change of principal business location or residence address within ten (10) days of the change, and the board shall issue an updated license for the unexpired period. The board may fine, suspend, or revoke the license of a licensee who does not notify the board of a change of address within ten (10) days. Changing a business or a residence address on its records shall entitle the board to collect a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(1) An apprentice auctioneer applying for an auctioneer license shall, subject to the provisions of KRS 330.060:
(a) Possess a current Kentucky apprentice auctioneer license;
(b) Serve an apprenticeship for a period of one (1) year as an apprentice auctioneer in Kentucky;
(c) Submit a statement to the board, signed by the principal auctioneer, verifying that the applicant has actively and materially participated in at least ten (10) auctions prior to application; and
(d) Successfully complete at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider. The board may waive the eighty (80) hours of approved classroom instruction requirement if the applicant demonstrates sufficient previous auction experience and competency by affidavit or other evidence as required by the board.
(2) An apprentice auctioneer with an original license issued prior to June 30, 2010, or after July 1, 2015, shall be required to successfully complete the auctioneer examination.
(3) If an applicant for an auctioneer license resides in a state which does not have a current reciprocity agreement with the board, the board may waive the eighty (80) hour education requirement or the apprenticeship requirement, or both, if the applicant demonstrates sufficient previous auction experience and competency by affidavit or by other evidence as required by the board.
(4) An applicant for an auctioneer license who has previously held an auctioneer license which has been revoked, suspended, or which has expired without renewal may request, and the board may grant, a waiver of the requirement of possession of a current apprentice license.
(5) Every application for a license issued by the board shall be submitted on forms prepared by the board. Each applicant shall furnish pertinent background data as outlined on those forms.
(6) The board shall promulgate administrative regulations in accordance with KRS Chapter13A to establish an initial license fee and annual renewal license fee, neither of which shall exceed one hundred fifty dollars ($150).
(a) All licenses shall expire on the thirtieth day of June.
(b) Each license shall be renewed on or before the expiration date.
(c) In addition to the renewal fee, a late fee shall be established by administrative regulations promulgated by the board on each license renewed within six (6) months after the expiration date.
(d) In the absence of any reason or condition which might warrant the refusal of renewing a license, and upon timely receipt of the renewal form and the annual fee, the board shall issue a license for the ensuing year.
(7) (a) The board may require as a condition precedent to the renewal of any license, that each licensee complete continuing education up to ten (10) hours per license year. The board may impose different continuing education requirements upon different classifications of licenses under this chapter. The continuing education requirements in this subsection shall not apply to those auctioneers licensed prior to January 1, 1980.
(b) A licensee who has not completed the required continuing education may, within the time period set forth in subsection (6) of this section, remit a fee established by administrative regulations promulgated by the board with the applicable renewal fees, and the continuing education reporting requirement shall be deferred to the next annual renewal. If the licensee fails to meet the continuing education requirement for the next annual renewal, the licensee shall successfully complete the examination before renewal of his or her license.
(c) 1. The board may require all licensees to complete a six (6) hour board-approved core course once every four (4) years, that includes the core subjects of Kentucky auction statutes and regulations, ethics, and any other subject matter deemed appropriate by the board.
2. Effective July 1, 2016, each licensee with at least twenty-five (25) years of continuous licensure shall be exempt from the requirements of this paragraph.
(8) The board shall prepare and deliver to each licensee a pocket license. The pocket license of the apprentice auctioneer shall contain the name and address of his or her principal auctioneer. The board shall also prepare and deliver a license to each auction house operator.
(a) Auction house operators shall display their licenses conspicuously and at all times in the auction house identified on the license.
(b) All licensees shall carry their pocket licenses, or a digital facsimile thereof, when performing auctioneering tasks, to be shown upon request.
(c) A license or pocket license shall be replaced upon the request of the licensee and payment of a replacement fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(9) When an apprentice auctioneer is discharged or voluntarily terminates employment with the auctioneer for any reason:
(a) It shall be the immediate duty of the principal auctioneer to deliver to the board a written release of the apprentice auctioneer; and
(b) The apprentice auctioneer shall affiliate with a principal auctioneer within thirty (30) days by submitting to the board an affiliation letter signed by the new principal auctioneer and a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
An apprentice auctioneer shall not perform any of the acts regulated by this chapteruntil receiving a new license bearing a new principal auctioneer's name and address.
(10) (a) A licensee may place his or her license in escrow with the board if the licensee does not engage in any board-regulated auctioneering activity and continues to pay the annual renewal license fee.
(b) For each year the license is in escrow, a licensee shall be exempt from the contribution to the auctioneer's education, research, and recovery fund and the continuing education requirement.
(c) To reactivate a license in escrow, the licensee shall complete the core course and pay a reactivation fee and the annual renewal recovery fee, both of which shall be established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(11) Notice in writing shall be given to the board by each licensee of any change of principal business location or residence address within ten (10) days of the change, and the board shall issue an updated license for the unexpired period. The board may fine, suspend, or revoke the license of a licensee who does not notify the board of a change of address within ten (10) days. Changing a business or a residence address on its records shall entitle the board to collect a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.095 Reciprocal licensing without examination; continuing education requirements
 (1) An individual holding an auctioneer license from the proper authority of a state, territory, or possession of the United States of America or the District of Columbia that has licensing requirements equal to or substantially equivalent to the requirements in this state, and where reciprocal licensing privileges are granted to residents of this state, may obtain an auctioneer license without examination and pre-license education if:
(a) The board has entered into a valid reciprocal agreement with the proper authority of the state, territory, or possession of the United States of America or the District of Columbia from which the nonresident applicant has a valid license;
(b) The applicant submits to the board the completed reciprocal application, including the irrevocable consent described in KRS 330.060, and the license and exam verification from a reciprocal state; and
(c) The applicant pays the applicable reciprocal fee:
1. The initial reciprocal fee shall be the greater of:
a. The sum total of the initial license and recovery fees charged by the applicant's reciprocal state to a Kentucky resident for an initial reciprocal license; or
b. The sum total of the current initial license and recovery fees assessed by the board to a nonreciprocal Kentucky licensee; and
2. The renewal reciprocal fee shall be the greater of:
a. The sum total of the renewal license and recovery fees charged by the applicant's reciprocal state to a Kentucky resident for a renewal reciprocal license; or
b. The sum total of the current renewal license and recovery fees assessed by the board to a nonreciprocal Kentucky licensee.
(2) If a licensee is issued a Kentucky reciprocal license via a jurisdiction that has continuing education requirements, the Kentucky reciprocal licensee shall be exempt from reporting continuing education. If a licensee is issued a Kentucky reciprocal license via a jurisdiction that does not have a continuing education requirement, the Kentucky reciprocal licensee shall report continuing education pursuant to KRS 330.070.
(3) Disciplinary sanctions against a reciprocal licensee imposed by any licensure jurisdiction may be grounds for disciplinary action by the board.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.100 Place of business; sign to be erected, requirements, exception; claims and disputes
 (1) Every auctioneer licensed under this chapter shall maintain a definite place of business in the Commonwealth, except that a nonresident holding a valid Kentucky auctioneer license is not required to maintain an active place of business in the Commonwealth if a place of business is maintained in the nonresident's state.
(2) Every auction house operator licensed under this chapter shall maintain a definite place of business in the Commonwealth, and shall erect and maintain a sign in a conspicuous place on the premises at or near the outside entrance to all fixed locations. The sign shall be written in clear and legible letters of not less than two (2) inches in height, and shall contain the name and license number of the auction house operator, and the name of the auction house, if different than the name of the operator. The sign shall be placed so that it can easily be observed and read by anyone entering the auction house.
(3) All claims or disputes of auctions conducted in the Commonwealth of Kentucky and auctions of real or personal property located in the Commonwealth of Kentucky shall be adjudicated by the courts of this state.

Title XXVI. Occupations and Professions
Chapter 330. Auctioneers and Auction House Operators (Refs & Annos)
330.110 License suspension, revocation, and other penalties; grounds
The board may suspend for a period up to five (5) years or revoke the license of any licensee, or levy fines not to exceed two thousand dollars ($2,000) against any licensee, or place any licensee on probation for a period of up to five (5) years, or require successful passage of any examination administered by the board, or require successful completion of any course of auction study or auction seminars designated by the board, or issue a formal reprimand, or order any combination of the above, for violation by any licensee of any of the provisions of this chapter, or for any of the following causes:
(1) Obtaining a license through false or fraudulent representation;
(2) Making any substantial misrepresentation;
(3) Pursuing a continued and flagrant course of misrepresentation or intentionally making false promises or disseminating misleading information through agents or advertising or otherwise;
(4) Accepting valuable consideration as an apprentice auctioneer for the performance of any of the acts specified in this chapter, from any person, except his or her principal auctioneer;
(5) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee's possession, commingling funds of others with the licensee's own funds, or failing to keep the funds of others in an escrow or trustee account;
(6) Paying valuable consideration to any person for services performed in violation of this chapter, or procuring, permitting, aiding, or abetting any unlicensed person acting in violation of any of the provisions of this chapter;
(7) Entering a plea of guilty, an Alford plea, a plea of no contest to, or being convicted of, any felony, and the time for appeal has passed or the judgment of conviction has been finally affirmed on appeal;
(8) Violation of any provision of this chapter or any administrative regulation promulgated by the board;
(9) Failure to furnish voluntarily at the time of execution, copies of all written instruments prepared by any licensee to each signatory of the written instrument;
(10) Any conduct of a licensee which demonstrates bad faith, dishonesty, incompetence, or untruthfulness;
(11) Any other conduct that constitutes improper, fraudulent, dishonest, or negligent dealings;
(12) Failure to enter into a binding written auction listing contract with the seller or with the seller's duly authorized agent prior to advertising, promoting, or offering any real or personal property by or at auction;
(13) Failure to provide a receipt to all persons consigning personal property with any licensee for auction;
(14) Failure to establish and maintain, for a minimum of five (5) years from final settlement, complete and correct written or electronic records and accounts of all auction transactions, including:
(a) Listing contracts, including the name and address of the seller;
(b) Written purchase contracts;
(c) Descriptive inventory and final bid amounts of all items or lots offered;
(d) Buyer registration records; and
(e) Settlement records, including all moneys received and disbursed and escrow account activity; or
(15) Failure of any licensee to present any auction-related information, including but not limited to advertisements, listing contracts, purchase contracts, clerking records, buyer registration records, settlement records, escrow account information, license, or any other auction-related information, subsequent to a request by a board compliance officer or board counsel.

Ky. Rev. Stat. Ann. §§ 330.020 - 330.110