Louisiana Auctioneer Licensing Board

Louisiana Revised Statutes
Title 37. Professions and Occupations (Refs & Annos)
Chapter 42. Auctioneer Licensing Board (Refs & Annos)
Part I. Generally 
§ 3101. Declaration of purpose
§ 3102. Short title
§ 3103. Definitions of terms
§ 3104. Exclusions
§ 3105. Auction regulations generally
§ 3106. Rules and regulations adoption; procedure; oaths
§ 3107. Complaints; penalties

§ 3101. Declaration of purpose

A. The Legislature of Louisiana declares that requiring the licensure of qualified auctioneers and auction houses is in the best interest of the citizens of this state.
B. The purpose of this Chapter is to require qualifying criteria in a presently unregulated occupational field in which unqualified, irresponsible, or unscrupulous individuals may injure the public. The requirements of this Chapter shall contribute to the safety, health, and property of the people of Louisiana in the transfer of property by auction.

§ 3102. Short title

This Act shall be known as and may be cited as the “Auctioneers Licensing Law.”

§ 3103. Definitions of terms

A. As used in this Chapter, these terms shall have the definitions ascribed to them, unless the context indicates otherwise:
(1) “Applicant” means any person applying for a license under this Chapter.
(2) “Apprentice” means any person who is employed, either directly or indirectly, by an auctioneer to deal or engage in auctions or who is studying to become an auctioneer.
(3) “Auction” means the sale by competitive bid of any property which sale consists of a series of invitations for offers to purchase property made by the auctioneer and offers to purchase made by members of the audience culminating in the acceptance by the auctioneer of the highest or most favorable bid.
(3.1) “Auction house”, “auction company”, and “auction business” are synonymous and interchangeable terms and mean any entity, whether a sole proprietorship, partnership, limited liability partnership, limited liability company, corporation, or any other legal entity defined by the board, which arranges, manages, sponsors, advertises, or carries out two or more auctions within any twelve-month period and which regularly represents that goods are sold at auction. However, a public livestock auction business which exclusively auctions livestock and which is regulated as a public livestock market by the Louisiana Board of Animal Health pursuant to R.S. 3:2091 et seq. shall not be defined as an auction business for purposes of this Chapter. “Auction house,” “auction company,” and “auction business” shall not mean an entity which sells property through an Internet-based trading platform unless such entity's activities constitute an “auction” as defined in Paragraph (3) of this Subsection.
(4) “Auctioneer” means any person who, for another, with or without receiving or collecting a fee, commission, or other valuable consideration, sells or offers to sell property at an auction. “Auctioneer” shall not mean a person who sells property through an Internet-based trading platform unless such person's activities constitute an “auction” as defined in Paragraph (3) of this Subsection.
(5) “Board” means the Louisiana Auctioneers Licensing Board created in this Chapter.
(6) “Department” means the office of the governor.
(7) “Licensee” means any person holding a license under this Chapter.
(8) “Person” means an individual, partnership, company, corporation, association, or group however organized.
(9) “Property” means any property, tangible and intangible, real, personal, or mixed.
(10) “Secured party” means a person holding a security interest.
B. The board may define terms in the regulation of licensing of auctioneers only pursuant to and consistent with the provisions of this Chapter.

§ 3104. Exclusions

The provisions of this Chapter shall not apply to the following:
(1) A sale conducted by order of any United States Court pursuant to Title 11 of the United States Code relating to bankruptcy.
(2) A sale conducted by an employee of the United States or the state of Louisiana or its political subdivisions in the course and scope of his employment.
(3) A sale conducted by a charitable or nonprofit organization.
(4) A sale conducted by an individual of his own property if such individual is not engaged in the business of selling such property as an auctioneer on a regular basis.
(5) A foreclosure sale of realty conducted personally by a trustee under a recorded deed of trust.
(6) A foreclosure sale of personal property conducted personally by the mortgagee or other secured party or an employee of such mortgagee or other secured party acting in the course and scope of his employment under a recorded chattel mortgage or other security or agreement.
(7) A sale conducted by sealed bid.

§ 3105. Auction regulations generally

A. No person, firm, auction house, or corporation, or combination thereof shall sell, dispose of, or offer for sale at public auction or cause or permit to be sold, disposed of, or offered for sale at any public auction any property of whatsoever nature unless said auction is conducted by a duly licensed auctioneer and if such sale takes place at an auction house, by a duly licensed auction house, if the owner of the auction house is not a licensed auctioneer.
B. Notwithstanding any other provision of law to the contrary, a person, firm or corporation, or combination thereof, may sell, dispose of, or offer for sale at any public auction any property of whatever nature without the necessity of any other license, provided that the auction is conducted by a person who is a duly licensed Louisiana auctioneer or Louisiana livestock auctioneer or Louisiana apprentice auctioneer working under the supervision of a Louisiana licensed auctioneer, whichever is applicable, or otherwise meets the exceptions in accordance with the provisions of this Chapter.

§ 3106. Rules and regulations adoption; procedure; oaths

A. The board may make reasonable rules and regulations relating to the form and manner of filing applications for licenses; the issuance, denial, suspension, and revocation of licenses; and the conduct of hearings consistent with the provisions of the Administrative Procedure Act, R.S. 49:951 et seq.
B. The board or other person authorized by the board may administer oaths and hear testimony in matters relating to the duties imposed on the board pursuant to this Section.

§ 3107. Complaints; penalties

A. The board may upon its own initiative and shall upon the written complaint of any person investigate alleged violations of this Chapter by any licensed or unlicensed auctioneer, auction house, any applicant, or any apprentice auctioneer or applicant.
B. Whoever violates any provision of this Chapter shall be subject to the penalties provided in R.S. 37:3123.

La. Rev. Stat. Ann. §§ 37:3101 - 37:3107