North Dakota Administrative Code on Auctioneer and Auction Clerks

Administrative regulations relating to auctioneer’s and auction clerk’s licensing requirements and retaining records of sale.

North Dakota Administrative Code
Title 69. Public Service Commission
Article 69-08. Auctioneers and Auction Clerks
Chapter 69-08-01. Licensing Requirements

69-08-01-01. Approved auction schools

Auction schools must apply to the commission to have their courses of study approved for use by North Dakota auctioneers. To be approved, a course of study must:
1. Require students to complete at least sixty hours of study in the presence of school instructors, at least forty hours of which is under the supervision of a licensed auctioneer with at least five years of experience.
2. Provide instruction in ethics, bid calling, sales management, advertising, contracts, accounting and bookkeeping, real estate, appraisals, closing statements, license law, uniform commercial codes, tax collection, bulk sales, and firearms.
3. Maintain a grading system that permits the issuance of diplomas or certificates only to students who successfully demonstrate competence in all required areas of study.
To have their course of study approved, an auction school must also provide the commission with a copy of the test instruments and grading standards used to determine student competence.

69-08-01-02. Conviction of crimes

Conviction of any crime of forgery, bribery, robbery, theft, misapplication of entrusted property, or deception shall be sufficient grounds to deny, suspend, or revoke a license under this chapter unless the commission, after hearing, determines that the applicant is sufficiently rehabilitated to perform the duties specified in this chapter.

General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-05.1-02, 51-05.1-03

Chapter 69-08-02. Records

69-08-02-01. Clerk to retain record of sale

The clerk shall prepare and retain a record for two years of any auction sale which shall include but not be limited to the following:
1. The name and address of the owner or owners.
2. The date of the sale.
3. The name of the auctioneer and the clerk.
4. The gross proceeds.
5. The location and number of the custodial account.
6. All expenses associated with the sale including auctioneers' and clerks' fees, advertising, and such other expenditures as may be relevant to the conduct of the sale.
7. A list of all purchasers at the sale and a description and price of each item sold.

General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-05.1-03

Chapter 69-08-02. Records

69-08-02-02. Closing statement

The owner and the auctioneer, if other than the clerk, shall be entitled to a full closing statement after each auction sale.

General Authority: NDCC 28-32-02
Law Implemented: NDCC 51-05.1-03