Virginia Administrative Code on Auctioneers’ Board

Administrative provisions adopted in Virginia on auctioneer’s board regarding advertising, contracts conduct of auction, display of license, documentation, escrow funds records, change of address, standards of conduct, cooperation with board, to licensure, bond requirements, and license by reciprocity, application, examination, fees, application and criteria for course approval, administration of courses, continuing education requirements for renewal or reinstatement, exemptions and waivers, amendments and changes, periodic requalification for continued course approval are detailed below:

Virginia Statutes
Title 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Agency 25. AUCTIONEERS BOARD
Chapter 21. REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD
Part IV. Standards of Practice

§ 18VAC25-21-100. Advertising

A. All advertising must be truthful. Advertising shall contain no false, misleading or deceptive statements, with respect to types or conditions of merchandise offered at auction, why merchandise is being sold, who has ownership, where the merchandise was obtained, or the terms and conditions of the auction and sale.
B. In all advertisements relating to an auction, the auctioneer's name and Virginia license number or the auction firm's name and Virginia license number shall be clearly displayed.

Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-110. Contracts

Note: See the proposed legislation

§ 18VAC25-21-120. Conduct at auctions

Note: See the proposed legislation

§ 18VAC25-21-130. Display of license

Auctioneers shall carry their pocket cards on their person and shall produce them upon request. Auction firms shall display their license in a conspicuous location at the address of record. The address of record shall not be a post office box as detailed in 18VAC25-21-170 C.

Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-140. Documentation

Note: See the proposed legislation

§ 18VAC25-21-150. Escrow funds

Note: See the proposed legislation


§ 18VAC25-21-160. Records

Note: See the proposed legislation


§ 18VAC25-21-170. Change of address

Note: See the proposed legislation

Part V. Standards of Conduct

§ 18VAC25-21-180. Discipline

Note: See the proposed legislation


§ 18VAC25-21-185. Cooperation with board

Note: See the proposed legislation


Part II. Entry Requirements

§ 18VAC25-21-20. Licensure

All persons or firms as defined in § 54.1-600 of the Code of Virginia who conduct auctions or offer their services to sell at auction in the Commonwealth are required to file a licensure application and pay the specified fee to the board. Applicants for individual licensure shall meet the following requirements:
1. Be at least 18 years of age.
2. Shall not have been previously found by any regulatory board or agency to have violated any applicable regulations or laws in the course of performing auctioneer duties or been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of a misdemeanor involving moral turpitude or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order shall be admissible as prima facie evidence of such conviction or discipline. Applicants for licensure who do not meet requirements set forth in this section may be approved for licensure following consideration by the board in accordance with § 54.1-204 of the Code ofVirginia.
3. Successfully complete a course of study at a school of auctioneering that has obtained course approval from the board, or an equivalent course, and has passed the Virginia Licensed Auctioneer's Examination administered by the Auctioneers Board or its designee.

Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-30. Bond required

All applicants shall submit evidence that a surety bond, executed by a surety company authorized to do business in the Commonwealth and in at least the amount of $10,000, has been obtained. Proof of current bond must be submitted in order to obtain or renew the license. The bond must commence no later than the effective date of the license and shall expire no sooner than the date of expiration of the license.

Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-40. License by reciprocity

The board may issue a license to any individual applicant holding a license in any state, territory, or possession of the United States, with whom the board has established an act of reciprocity provided the requirements and standards under which the license was issued are substantially equivalent to those established by the board. At the time of application for licensure, the applicant must be currently licensed in the state in which reciprocity is established with the Commonwealth of Virginia. The board may deny an application if the licensed auctioneer has been found guilty (i) by any regulatory board or agency to have violated any applicable regulations or laws in the course of performing auctioneering duties or (ii) by a court of any criminal offense or material misrepresentation in the course of performing auctioneer duties. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order shall be admissible as prima facie evidence of such conviction or discipline.
Nonresident applicants shall also file with the board an irrevocable consent that service of process upon the director is valid and binding as the service of process upon the applicant.

Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-50. Application

A. All applicants seeking licensure by reciprocity or examination shall submit a fully executed application with the appropriate fee or fees attached. Applicants will be notified if their application is incomplete.
Applications for licensure by examination must comply with the requirements of the board's designee as to the deadline for submission of the application to the board's designee.
B. 1. If a corporation, limited liability company, or other entity, the application shall include copies of the certificate of incorporation or certificate of organization issued by the Virginia State Corporation Commission, articles and bylaws.
2. If a foreign corporation, foreign limited liability company, or other entity, the application shall include copies of the certificate of authority to conduct business issued by the Virginia State Corporation Commission , which shall be required in lieu of the certificates as required by subdivision 1 of this subsection.
3. Any firm applicant shall not have been previously found by any regulatory board or agency to have violated any applicable regulations or laws in the course of performing auctioneer dutiesor been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of a misdemeanor involving moral turpitude or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order shall be admissible as prima facie evidence of such conviction or discipline. Applicants for licensure who do not meet requirements set forth in this section may be approved for licensure following consideration by the board in accordance with § 54.1-204 of the Code ofVirginia.
C. All applications will be reviewed by the Auctioneers Board staff, or the board's designee, to determine eligibility for examination and licensure within 30 days of receipt at the offices of the Department of Professional and Occupational Regulation or the board's designee. However, failure to review an application within 30 days of receipt shall not imply or result in the automatic approval of the application. No applicant will be approved for licensure unless all requirements of this part of this chapter are met.

Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-60. Examination

The examination shall test the applicant's knowledge of the following:
1. The auction business including fundamentals of auctioneering, elementary principles of real estate, preparation of contracts, advertising, final settlement statements, arithmetic and percentages, and ethics.
2. The Virginia statutes entitled Auctioneers' Licensure Act, Chapter 6 (§ 54.1-600 et seq.) of Title 54.1 of the Code of Virginia; bulk transfers, §§8.6-101A through 8.6-110A and 8.2-328 of the Code of Virginia; sales tax laws, Title 58.1 of the Code of Virginia; and the regulations of the board.
Note:
Statutory Authority

§§ 54.1-201 and 54.1-602 of the Code of Virginia.

§ 18VAC25-21-70. Fees

Note: See the proposed legislation


Part VII. Continuing Education Requirements

§ 18VAC25-21-230. Application and criteria for course approval

Continuing Education Requirements
A. Course providers seeking approval of their continuing education course shall file an application with the board office. All continuing education course providers shall obtain approval from the board office prior to offering to provide, or providing, a course that is advertised or represented as being eligible to comply with the continuing education provisions of this chapter. Retroactive approval of continuing education courses shall not be permitted.
Continuing education courses shall be approved provided the following criteria are met:
1. Course subjects must be related to the current practice of auctioneering and have defined learning objectives.
2. At the end of the course each attendee must be assessed to verify that they have achieved the defined learning objectives.
3. The course curriculum must be consistent with the defined learning objectives.
4. The method of instruction must be consistent with the defined learning objectives of the course.
5. Course instructors must be competent in the subject being taught, either by education or experience, and in instructional techniques.
6. Fifty contact minutes shall equal one continuing education credit hour. No credit shall be awarded for partial continuing education credit hours or partial completion of the course. In addition, attendees who fail to demonstrate successful completion of the defined learning objectives of the course shall not be awarded credit for the course. For courses in which individual segments are less than 50 minutes, the sum of the segments shall be totaled for computation of continuing education credit hours.
7. The course provider certifies that the laws, regulations, and industry practices that will be taught or utilized in the course are up to date and that any subsequent changes in laws, regulations, or industry practices will be incorporated into the course curriculum as they occur.
8. The course provider certifies that they will comply with provisions of this chapter in administering and providing the approved course.
B. Pursuant to § 54.1-603.1A of the Code of Virginia, continuing education courses completed by an auctioneer pursuant to a requirement of the Certified Auctioneer's Institute or participation in the educational programs sponsored by the National Auctioneer's Association or Virginia Auctioneer's Association are approved.

Note:
Statutory Authority

§§ 54.1-201 , 54.1-602 and 54.1-603.1 of the Code of Virginia.

§ 18VAC25-21-240. Administration of courses

A. Approved course providers shall comply with the requirements of this chapter when providing approved courses. Failure of a course provider to comply with the board's requirements contained in 18VAC25-21-230 or any other provision of this chapter at any time after receiving approval from the board may result in the board withdrawing its approval for a course or a specific offering or offerings of the course.
B. Course approval is not transferable from the course provider to whom it was originally issued.
C. The approved course providers shall award a certificate of completion to those attendees who successfully complete the course that includes the sponsor identification number of the course provider issued by the board office, name of the course, number of continuing education credit hours awarded, and the date of the course. Course providers shall only award continuing education credit hours in the amount as approved.
D. Attendance must be verified and documented at the beginning and end of the course and monitored during the course. No credit may be awarded to attendees who arrived late, left early, or missed a portion of the course or failed to accomplish the learning objectives of the course. Further, such individuals shall not be awarded a certificate of completion by the course provider.
E. At the end of each course, the course provider shall solicit feedback from the attendees to assess the effectiveness of the course, course content, course curriculum, instructor, and method of instruction. The course provider shall monitor the feedback from the attendees and make adjustments as warranted.
F. All records related to an approved course must be maintained for four years from the date of the course and such records shall be provided to the board or its duly authorized agents upon request. Records that must be maintained include, but are not limited to, time, date and location of the course; course materials; course curriculum; instructor; instructor qualifications; learning objectives; assessment of attendees for verification of achievement of the learning objectives; end of course feedback from attendees; attendance rosters; and records of those attendees who successfully completed the course and those who did not and reasons why attendees noted as not successfully completing the course did not successfully complete the course.

Note:
Statutory Authority

§§ 54.1-201 , 54.1-602 and 54.1-603.1 of the Code of Virginia.

§ 18VAC25-21-250. Continuing education requirements for renewal or reinstatement

Note: See the proposed legislation

§ 18VAC25-21-260. Exemptions and waivers

Pursuant to § 54.1-603.1B of the Code of Virginia, the board may grant exemptions or waive or reduce the number of continuing education hours required in cases of certified illness or undue hardship. However, such exemptions, waivers, or reductions shall not relieve the individual of his obligation to comply with any other requirements of this chapter, including but not limited to the provisions of 18VAC25-21-80 or 18VAC25-21-90.

Note:
Statutory Authority

§§ 54.1-201 , 54.1-602 and 54.1-603.1 of the Code of Virginia.

§ 18VAC25-21-270. Amendments and changes

Any change in the information provided by a course provider to the board as required by 18VAC25-21-230 A, or 18VAC25-21-280 or change in ability to comply with the requirements of 18VAC25-21-240 shall be reported to the board in writing within 10 days of such an occurrence. In instances of noncompliance with the provisions of this chapter, the approval of the course is automatically suspended until such time as the course provider corrects the deficiency and notifies the board in writing that such deficiency has been corrected.

Note:
Statutory Authority

§§ 54.1-201 , 54.1-602 and 54.1-603.1 of the Code of Virginia.

§ 18VAC25-21-280. Periodic requalification for continued course approval

Note: See the proposed legislation

FORMS (18VAC25-21)
Note: See the proposed legislation