In Pennsylvania, Auctioneer License Applicants can Appear for Auctioneer Licensing Examination Only if they are Licensed Apprentice Auctioneers who Have Served an Apprenticeship for at Least Two Years with a Qualified Auctioneer and Have Success

In Kramer v. State Bd. of Auctioneer Examiners, 978 A.2d 1079 (2009 Pa), the court discussed Pennsylvania auctioneer licensing requirements. In this case, the court had to decide whether the Pennsylvania State Board of Auctioneers (“Board”) erred in disqualifying the Plaintiff applicant, Kramer (“Plaintiff”) from appearing for the auctioneer licensing examination. The court stated that an applicant will be eligible to appear for the licensing examination only if he meets Section 3(e) requirements of the Auctioneer Licensing and Trading Assistant Registration Act (“Act”). 63 P.S. §734.3(e).

The Commonwealth Court of Pennsylvania in Kramer v. State Bd. of Auctioneer Examiners, 978 A.2d 1079(2009 Pa) held that an apprentice auctioneer must obtain a license prior to acting as an apprentice auctioneer. The court found that the school attended by an applicant for licensure as an auctioneer must be approved by the Pennsylvania State Board of Auctioneer Examiners.

In the instant case, Plaintiff filed an application for examination eligibility for nonresidents with the Board. Kramer 978 A.2d at 1080. The Board provisionally denied the application finding that the Plaintiff did not complete either a two-year apprenticeship as a Pennsylvania licensed auctioneer apprentice or a prescribed course of study at a school approved by the Board. The Board also found that the Plaintiff did not qualify as a nonresident for a waiver because he is a resident of Pennsylvania. Id at 1080-81. The Petitioner appealed the provisional denial. He also requested for a formal hearing and argued that during the weeks between the provisional denial and the formal hearing, he completed courses in various aspects of auctioneering administered by a school called the Continental Auctioneers School (Continental) in Mankato, Minnesota.  He also contended that he serves as an apprentice to Colonel Kramer, Plaintiff’s father and owner of Kramer Auctions. Id at 1081 The Board denied the application for licensure and. Petitioner sought for review before Commonwealth Court of Pennsylvania.

The Commonwealth Court stated that, pursuant to Section 3(a) 63 P.S. §734 of the Act, an apprentice auctioneer must obtain a license prior to acting as an apprentice auctioneer. Id at 1083. The court found that: Plaintiff was not a licensed apprentice auctioneer; and there is no proof that the Plaintiff participated for compensation in no less than 30 auctions. So, the Board correctly determined that the Plaintiff did not qualify under section 3(e)(1)of the Act. Id 

The Board also determined that Plaintiff did not complete a course of study in auctioneering at a school approved by the Board as is required by Section 3(e)(2) of the Act. Id at 1084. After Kramer's provisional denial by the Board, he took a course in auctioneering at a school that he knew was not approved by the Board. Section 3(e) of the Act requires that the school be approved by the Board. Therefore, the Commonwealth court stated that the Board correctly found that Plaintiff failed to meet Section 3(e)(2) requirement of the Act. Id.

The Board also found that Plaintiff does not qualify for a waiver of the requirements of Section 3(e) under Section 11(b) of the Act, 63 P.S. 734.11(b). Id. The court observed that a nonresident is one who does not live within the jurisdiction in question. The court observed that although the Petitioner listed an address in Arizona on his application, many other dealings of Plaintiff were related to Pennsylvania. For example, Plaintiff’s testimony shows that he had employment and business dealings in Pennsylvania; was registered to vote in Pennsylvania; registered his car in Pennsylvania; and his wife's dental practice is in Pennsylvania. His real estate sale business is also is in Pennsylvania. Id. Thus court found that, the Board's findings are supported by substantial evidence of record and the Board did not err in denying Petitioners application for licensure as an auctioneer. Id. In light of the above findings, Commonwealth Court of Pennsylvania affirmed the decision of the Board. Id.