Wisconsin Administrative Laws Relating to Auctions of Goods and Real Estate

Wisconsin Administrative Code

SPS 120.02 Definitions.
CHAPTER SPS 121. APPLICATIONS
CHAPTER SPS 122. EXAMINATIONS
CHAPTER SPS 123. ADVERTISING
CHAPTER SPS 124. WRITTEN CONTRACTS
CHAPTER SPS 125. MAINTENANCE OF RECORDS
CHAPTER SPS 126. CONDUCT
CHAPTER SPS 127. SALE OF REAL ESTATE AT AUCTION
CHAPTER SPS 128. EDUCATIONAL PROGRAM

Safety and Professional Services (Sps)
Professional Services
Chapter Sps 120. Authority and Definitions 

SPS 120.02 Definitions.

As used in chs. SPS 120 to 128:
(1) “Absolute auction” means an auction in which:
(a) The goods or real estate are sold to the highest bidder.
(b) No minimum price will limit the bid.
(c) The seller may not withdraw the goods or real estate from the auction after the first bid is received
(d) The seller may not nullify the sale by bidding himself or herself or through an agent.
Note: An “absolute auction” is also known as an “auction without reserve”. The department will construe written statements of an auctioneer or auction company in advertising or in other written materials relating to an auction, such as “everything will be sold” or “everything goes,” as being indicative of the auctioneer's intent to conduct an absolute auction.
(2) “Auction with reserve” means an auction where the seller or his or her agent reserves the right to establish a minimum bid, to accept or reject any and all bids or to withdraw the goods or real estate from sale at any time prior to the announcement of the completion of the sale by the auctioneer.
(3) “Board” means the auctioneer board.
(4) “Buyer's fee or surcharge” means an amount of money, usually based on a percentage of the successful bid, charged to the successful bidder and either added to the successful bid to determine the final selling price or paid separately by the successful bidder in addition to the successful bid.
(5) “Consignor” means the owner or representative of the owner who places goods or real estate with a registrant for sale at auction.
(6) “Department” means the department of safety and professional services.
(7) “False bid” means a non-existent bid acknowledged by an auctioneer in an attempt to escalate bidding.
(8) “Minimum bid” means the lowest acceptable price at which the seller agrees to complete the sale.
(9) “Registrant” means a person registered as an auctioneer or auction company by the department.
(10) “Shill” means an employee or agent of the registrant who bids against legitimate bidders at an auction to escalate bidding.
(11) “State registration number” means the number issued to a registrant by the department, as indicated upon the certificate of registration.
(12) “Trade name” means a name other than the name appearing on an auctioneer's or auction company's registration certificate, under which an auctioneer or an auction company advertises or does business.

Cite asWis. Admin. Code § 120.02

SPS 121.02 Initial registration.

(1) Auctioneer. The department may register as an auctioneer an applicant who satisfies the requirements in s. 480.08 (2) or (2m), Stats. The department shall consider s. 480.08 (2) (d), Stats., as having been satisfied, if the applicant has either received a seller's permit from the department of revenue under s. 77.52 (9), Stats., or the applicant has determined that he or she is not required to have a seller's permit and is, therefore, not eligible to obtain a permit.
(2) Auction company. The department may register as an auction company an applicant who satisfies the requirements in s. 480.08 (3), Stats. The department shall consider s. 480.08 (3) (d), Stats., as having been satisfied, if the applicant has either received a seller's permit from the department of revenue under s. 77.52 (9), Stats., or the applicant has determined that it is not required to have a seller's permit and is, therefore, not eligible to obtain a permit. An auction company is not required to have any of its officers, partners or directors registered as an auctioneer unless such officers, partners or directors engage in acts specified in s. 480.08 (1) (a), Stats.
Note: Applications may be obtained from the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708. An otherwise qualified applicant shall be provided with reasonable accommodations.

SPS 121.03 Consent by nonresident for service of process.

The application of a nonresident person for registration as an auctioneer or auction company constitutes the appointment of the secretary of the department as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of a transaction or operation connected with or incidental to the business of an auctioneer or auction company.

SPS 121.04 Renewal of registration.

(1) Auctioneer. (a) Except as provided in s. SPS 121.05, the department shall renew the credential of an auctioneer who files a completed application for renewal of registration before the renewal date, as defined in s. 440.01 (1) (dm), Stats., if all of the following conditions are satisfied:
1. The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14r., Stats.
2. The applicant continues to meet the registration criteria ins. 480.08 (2) (a) to (d), Stats.
(b) Except as provided in s. SPS 121.05, the department shall renew the credential of an auctioneer who files a completed application for renewal of registration after the renewal date, as defined in s. 440.01 (1) (dm), Stats., but less than 5 years after the renewal date, if all of the following conditions are satisfied:
1. The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14r., Stats., and the late renewal fee specified in s. 440.08 (3), Stats.
2. The applicant continues to meet the registration criteria in s. 480.08 (2) (a) to (d), Stats.
(c) The department shall renew the credential of an auctioneer who files a completed application for renewal of registration 5 years or more after the renewal date, as defined in s. 440.01 (1) (dm), Stats., if the following conditions are satisfied:
1. The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14r., Stats., and the late renewal fee specified in s. 440.08 (3), Stats.
2. The applicant continues to meet the registration criteria in s. 480.08 (2) (a) to (d), Stats.
3. The applicant has taken and passed the registration examination within one year prior to the date of the application for renewal of registration.
(2) Auction company (a) Except as provided in s. SPS 121.05, the department shall renew the credential of an auction company which files a completed application for renewal of registration before the renewal date, as defined in s. 440.01(1) (dm), Stats., if all of the following conditions are satisfied:
1. The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14g., Stats.
2. The applicant continues to meet the registration criteria in s. 480.08 (3) (a) to (d), Stats.
(b) Except as provided in s. SPS 121.05, the department shall renew the credential of an auction company which files a completed application for renewal of registration at any time after the renewal date, as defined in s. 440.01(1) (dm), Stats., if all of the following conditions are satisfied:
1. The applicant has paid the renewal fee specified in s. 440.08 (2) (a) 14g., Stats., and the late renewal fee specified in s. 440.08 (3), Stats.
2. The applicant continues to meet the registration criteria in s. 480.08 (3) (a) to (d), Stats.

SPS 121.05 Cause for denial of registration.

The department may deny an application for registration as an auctioneer or auction company submitted by a person or entity who or which has committed fraud or misrepresentation in the application or who or which has done any acts which are grounds for discipline under s. 480.24, Stats.

SPS 121.06 Change of name.

If the name of a registered auctioneer or auction company appearing on the current registra-tion certificate changes, written notice of the name change shall be sent to the department within 30 days after the name change.

SPS 121.07 Use of trade name.

A registered auctioneer or auction company, before doing business under any trade name, shall notify the department in writing of the trade name.

SPS 121.025 Temporary registration.

A temporary registration certificate issued under s. 480.08 (7), Stats., shall be valid for no more than 60 days after the date that the applicant has filed an application for registration as an auctioneer with the department.

SPS 122.03 Subjects tested.

The department shall prepare examinations as required under s. 480.10, Stats. The examination shall be a written examination that tests the applicant's knowledge or competence in all of the following areas:
(1) Solicitation.
(2) Contracts.
(3) Pre-auction preparation.
(4) Conducting an auction.
(5) Closing and sales records.
(6) Statutes and administrative rules substantially related to conducting an auction.

SPS 123.03 Contents of advertising.

All advertisements that an auction will be conducted shall contain the following information:
(1) The name or trade name of an auctioneer responsible for the auction conducted pursuant to the contract required under s. 480.14 (1), Stats., and the name or trade name of any auction company that is managing the auction.
(2) A statement that the auctioneer is a 'registered Wisconsin auctioneer' and the state registration number of the auctioneer.
(3) A statement of the terms and conditions under which the registrant will accept payment by buyers at the auction.
(4) The percentage or other amount of any buyer's fee or sur-charge which is a condition to sale.

SPS 124.02 Written contracts; terms.

No auctioneer may conduct an auction unless the auctioneer or the auction company that is managing the auction has entered into a prior written contract with each owner or consignor of goods or real estate that may be sold at the auction. The contract shall specify the terms and conditions upon which the auctioneer or auction company accepts the goods or real estate for sale and must contain:
(1) The registrant's name, trade or business name, state registration number, business address and business telephone number.
(2) The name and address of the owner or consignor.
(3) A general description of the property to be sold at auction, any restrictions relating to conducting the auction and a statement indicating whether the registrant is authorized to purchase at the auction.
(4) A description of the services to be provided and the consideration for the services. The description must state which party is responsible for advertising and other expenses.
(5) A statement of whether a buyer's fee or surcharge will be assessed and, if so, the percentage or other amount to be charged to the successful bidder.
(6) The date, dates or time period during which the items will be sold at auction.
(7) A statement by the seller that he or she has title and right to sell all property to be sold at auction free of encumbrances and liens; or, if some or all of the property to be sold is subject to encumbrances or liens, a specific itemization of such property.

SPS 125.05 Time of trust account deposit.

An auctioneer or auction company shall deposit trust funds in a trust account within 48 hours after receipt by the auctioneer or auction company.

SPS 125.04 Type of account.

An auctioneer or auction company may place trust funds in an interest-bearing or non-interest-bearing account, provided that none of the interest inures to the benefit of the auctioneer or auction company.

SPS 125.06 Opening and closing trust accounts.

(1) The department may not require an auctioneer or auction company to open a trust account before the auctioneer or auction company receives trust funds which must be deposited, unless the department finds, in a specific case, that an earlier opening of an account is needed in order to assure compliance with this chapter.
(2) An auctioneer or auction company may close a trust account when no trust funds remain in the auctioneer's or auction company's possession.

SPS 125.08 Notification of the department regarding trust account.

(1) An auctioneer or an auction company shall provide the department with the name and number of every trust account maintained by the auctioneer or auction company and the name of the depository institution in which the auctioneer or auction company holds each trust account. The auctioneer or auction company shall provide this notification to the department on a form prepared by the department no later than 10 days after opening a trust account. The auctioneer or auction company shall authorize representatives of the department to examine and audit all of the auctioneer's or auction company's trust accounts.
(2) An auctioneer or an auction company shall obtain the certification of every depository institution in which the auctioneer or auction company maintains a trust account, in which the depository institution attests to the existence of the account and consents to the examination and audit of the account by a duly authorized representative of the department.
Note: A Consent to Examine and Audit Auctioneer Trust Account form may be obtained from the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.
(3) An auctioneer or auction company shall notify the department no later than 10 days after a change has been made to an auction trust account name, auction trust account number or depository institution name. The notification shall be provided on a form prepared by the department.
Note: Forms may be obtained from the department at 1400 East Washington Avenue, P. O. Box 8935, Madison, Wisconsin 53708.
(4) An auctioneer or auction company shall notify the department no later than 10 days after an auction trust account has been closed. This notification shall be made in written correspondence to the department.

SPS 125.12 Trust account bookkeeping system.

An auctioneer or an auction company required to maintain a trust account shall maintain a bookkeeping system that enables the auctioneer or auction company to adequately account for all trust funds in a trust account, to maintain an accurate and sufficient balance in the account and to account for all trust funds received from specified buyers and paid to specified sellers for specified purchases. The bookkeeping system shall consist of at least the following:
(1) Check register. An auctioneer or an auction company shall maintain a record regarding a trust account, called a check register, which shall show the date, the payee, the number of the check, share draft or draft and the amount.
(2) Bank RECONCILIATION. An auctioneer or an auction company shall reconcile the trust account in writing each month unless there has been no activity during the month. The written reconciliation shall include all of the following:
(a) The ending bank statement balance.
(b) The date and amounts of the deposits in transit.
(c) The check number and amounts of outstanding checks.
(d) The resulting reconciled bank statement ending balance.
(3) Validation. The auctioneer or auction company shall review the reconciled bank statement ending balance, the account summary sheets described in sub. (4), and the check register to ensure that all of the records are accurate and in agreement as of the date the trust account statement has been reconciled.
(4) Account summary sheet. An auctioneer or auction company shall maintain a record regarding a trust account, called an account summary sheet, which shows the receipts, deposits, expenses and disbursements as they affect each individual auction.

SPS 125.025 Use of computers.

An auctioneer or an auction company may maintain any records required by this chapter in a computerized system, provided that:
(1) A backup copy of the bookkeeping records is made on any day on which entries are made in the computerized bookkeeping system. The backup copy shall be made on a disk or other medium which is separate and distinct from that on which the source documents reside.
(2) All records which are not maintained as written paper records are capable of being immediately converted to written paper records and immediately made available without charge to the department for the purposes of department audit or investigation.

SPS 125.035 Trust account required.

An auctioneer or auction company shall maintain a trust account when the registrant receives and holds auction funds which are not disbursed to the owner or consignor under a written contract under s. 480.14, Stats., within 24 hours after the auction.

SPS 126.02 Unprofessional conduct.

Conduct evidencing a lack of knowledge or ability to apply professional principles or skills, within the meaning of s. 480.24 (2) (b), Stats., includes, but is not limited to, engaging in or aiding or abetting the following conduct:
(1) Performing or offering to perform services for which the registrant is not qualified by education, training or experience.
(2) Violating a law or rule of any jurisdiction, the circumstances of which substantially relate to the practice under the registration.
(3) Advertising an auction as an absolute auction if any item or items are to be sold with reserve or with minimum bids.
(4) Engaging in false, fraudulent, deceptive or misleading billing practices.
(5) Obtaining or attempting to obtain compensation by fraud or deceit.
(6) Reporting distorted, false or misleading information or making false statements in practice.
(7) Discriminating on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability or sexual orientation by means of service provided or denied.
(8) Knowingly escalating or attempting to escalate bidding through false bids, shills or through collusion with another.
(9) Violating or attempting to violate any formal disciplinary order of the auctioneer board.
(10) Knowingly providing false information to the board, the department or their agents.
(11) Cheating on the registration examination contrary to s. SPS 122.04.
(12) Failing to post written notice at the location where the auction is to be conducted, prior to the commencement of an auction, of the terms and conditions under which the registrant will accept payment by buyers.
(13) If a buyer's fee or surcharge is a condition of sale, failing to post written notice at the location where the auction is to be conducted, prior to the commencement of an auction, of the percentae or other amount of the buyer's fee or surchare.

SPS 126.03 Effect of suspension or revocation on registrant.

(1) An auctioneer or auction company whose registration has been suspended or revoked shall notify all persons with whom the auctioneer or auction company has a contract for services to be performed during the period of suspension or following revocation. The notice shall be in writing, state that the registration of the auctioneer or auction company has been suspended or revoked, and describe the terms of the suspension or revocation.
(2) An auctioneer or auction company whose registration has been suspended or revoked by the board may not engage in the following activities during the term of the suspension or revocation:
(a) Call an auction by calling for, recognizing, or accepting offers for the purchase of goods or real estate at an auction.
(b) Advertise, represent or otherwise hold out as being available to call or manage an auction.
(c) Advertise, represent or otherwise hold out as being an auctioneer or auction company or use the title “auctioneer,” “registered auctioneer,” “certified auctioneer,” “licensed auctioneer,” “auction company,” “auction sales staff,” “auction team member” or any similar title.
(d) Solicit, negotiate or enter into any auction contract, auction listing, auction consignment, or related auction agreement, including assisting or aiding another registrant to perform auction-related duties.
(e) Perform, manage or supervise any of the following:
1. Call for bids at any type of auction, including auctions under s. 480.02 (2) (a) to (h), Stats.
2. Oversee, in any manner, the conducting of any auction.
3. Accept any form of referral fee, finder's fee, commission, commission sharing or splitting, or related compensation from any auctioneer, auction company, or auctioneer-related professional.
4. Participate in any form of auctioneer-related bid-calling.
5. Suggest or imply to the public, privately or through advertising, that he or she is able to perform any of the activities in subds. 1. to 4.
(3) An auctioneer or auction company may not employ, retain or otherwise utilize an auctioneer or auction company whose registration has been suspended or revoked to perform any auction-related activity described in sub. (2). This section does not prohibit an auctioneer or auction company from contracting to perform services that an auctioneer or auction company is unable to perform because of a registration suspension or revocation and which the auctioneer or auction company contracted to perform prior to the license suspension or revocation.

SPS 127.01 Authority.

The rules in this chapter are adopted under authority in ss. 227.11 (2), 480.01, 480.14 and 480.16, Stats.

SPS 127.03 Limitations.

(1) Registrant licensed as a real estate broker or salesperson. A registrant who is licensed as a real estate broker and who conducts an auction of real estate listed for sale with the registrant, or a registrant who is licensed as a real estate broker or salesperson and who conducts an auction of real estate listed for sale with the registrant's real estate broker-employer, may prepare contracts or other documents necessary to transfer title to the real estate or conduct any other activities requiring a real estate license under ch. 452, Stats., and chs. REEB 11 to 26.
(2) Registrant not licensed as a real estate broker or salesperson. (a) A registrant who is not licensed as a real estate broker or salesperson may, in connection with an auction of real estate:
1. Distribute written information describing real estate or the condition of the real estate to be auctioned, if the information has been made available by the owner of the real estate or a real estate licensee.
2. Provide access to real estate for the purpose of permitting prospective buyers to view the real estate.
3. Conduct inquiries in person, by telephone or by other media to determine whether the person being contacted is interested in bidding upon the real estate to be auctioned.
4. Perform other tasks relating to conducting an auction which do not require a real estate license under ch. 452, Stats.
(b) A registrant who is not licensed as a real estate broker or salesperson may not perform activities which require a real estate license under ch. 452, Stats., including but not limited to:
1. Preparing any contracts or other documents necessary to transfer title to real estate.
2. Distributing to prospective buyers written information about the real estate or conditions affecting the real estate which has not been provided by the owner of the real estate or the owner's agent.
3. Negotiating with a prospective buyer within the meaning of s. 452.01 (5m), Stats., other than by conducting an auction.

Wis. Admin. Code § 127.03

SPS 127.04 Contract.

A registrant shall have a written contract with the owner of real estate to be sold at an auction, or the owner's agent, which specifies the terms and conditions upon which the auctioneer or auction company accepts the real estate for sale at auction. The following conditions apply to the contract:
(1) A registrant who is licensed as a real estate broker under ch. 452 Stats., shall use the appropriate approved listing contract form required under s. REEB 16.03, when contracting with the owner to conduct an auction of real estate, and shall include provisions which comply with s. SPS 124.02.
(2) A registrant who is licensed as a real estate salesperson shall use the appropriate approved listing contract form required under ch. REEB 16, when contracting with the owner to conduct an auction of real estate if the salesperson is employed by a real estate broker, and shall include provisions which comply with s. SPS 124.02.
(3) A registrant who is not licensed as a real estate broker or salesperson under ch. 452, Stats., shall use a contract that complies with s. SPS 124.02.

SPS 127.05 Real estate subject to exclusive listing contract.

Prior to entering into any contract for the sale of real estate at an auction, the registrant shall determine whether the real estate is subject to an exclusive real estate listing contract. If the real estate to be sold at an auction is subject to an exclusive real estate listing contract between the seller and a real estate broker other than the registrant, the registrant:
(1) May only enter into a contract under s. SPS 127.04, with the real estate broker holding the exclusive real estate listing contract on the real estate.
(2) May not receive any sales proceeds, down payments, earnest money deposits or other trust funds as a result of an auction of the real estate, unless the contract under sub. (1) authorizes the registrant to do so.

SPS 127.06 Solicitation of owners with exclusive listing contract prohibited.

A registrant may not solicit an owner of real estate to sell the real estate at an auction if the registrant knows that the real estate is subject to an exclusive real estate listing contract.

SPS 128.02 Education requirements prior to first renewal.

(1) Except as provided in s. SPS 128.06, every registered auctioneer applying to renew a registration shall complete at least 12 hours in an educational program, except that a registered auctioneer who is initially registered less than 6 months prior to the first renewal date shall complete the educational program prior to the date for the second renewal of the registration unders. 440.08 (2), Stats.
(3) A registered auctioneer may attend approved courses of one or more program providers in order to complete the courses which are part of the educational program.
(4) A registered auctioneer who acts as an instructor of an approved educational program or course shall receive credit toward satisfaction of the registered auctioneer's educational requirement. An instructor shall receive one hour of credit for each 50 minutes of instruction. The registered auctioneer may not receive credit for teaching a specific course more than one time during any biennium.
(5) The department may grant an extension of time for completion of the educational program by a registered auctioneer and the registered auctioneer may obtain a renewal registration for the extension period granted for one of the following:
(a) Health reasons which prevented attendance at the educational program or course.
(b) Active duty in the military service with assignment to a duty station outside Wisconsin.
(6) The department may either require a registered auctioneer to certify on a renewal application form that he or she has met the educational requirements when applying for renewal of the registration or the department may require a registered auctioneer to submit a certificate of completion which a registered auctioneer received from a program provider pursuant to s. SPS 128.05. The department shall deny the renewal application until the certificate or certification is provided.

SPS 128.03 Courses; examinations.

(1) Courses The educational program shall consist of 12 hours, which shall include:
(a) Three hours in the Wisconsin laws relating to auctioneer ethical and professional conduct.
(b) Nine hours in topics pertinent to the practice of auctioneering that shall be approved by the department biennially, which may include a 7 hour national Uniform Standards of Professional Appraisal Practice (USPAP) update course approved by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation for a person who holds credentials under both chs. 480 and 458, Stats.
(2) Examinations. A program provider shall give a written examination subsequent to the completion of instruction of each course. A registered auctioneer, except a registered auctioneer who teaches a course, shall pass the examination in order to successfully complete the course. The examination shall consist of at least 5 multiple-choice questions for each hour of instruction. The program provider shall design the examination so that a person who is competent to protect the public when practicing as an auctioneer would achieve a score of 70% or more. A registered auctioneer who fails to achieve a passing score on an examination shall be permitted to retake the examination within a reasonable time as determined by the program provider. A registered auctioneer who twice fails an examination shall not be credited with having completed the course and is required to retake the course.
History: Cr. Register, November, 1996, No. 491, eff. 12-1-96; CR 02-030: r. and recr. Register September 2002 No. 561, eff. 10-1-02; CR 06-014: am. (1) (intro.), (a) and (b), r. (1) (c) and (d) Register September 2006 No. 609, eff. 10-1-06; CR 11-029: am. (1) (b) Register January 2012 No. 673, eff. 2-1-12.

SPS 128.04 Approval of educational programs; courses and instructors.

(1) A program provider seeking initial approval from the department of an educational program qualifications of the instructors, and the time segments of the courses. The department shall notify the provider whether the program or course has been approved or denied within 20 business days from the date the application is received. The department shall approve an educational program or course if the program provider submits to the department the information required by this subsection and agrees to comply with the provisions in subs. (2) to (6).
Note: Applications for educational program and course approval are available from the Department of Safety and Professional Services, Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at: http://sps.wi.gov.
(1m) A program provider seeking the approval of a continuing education program or course that will be presented as distance education shall comply with sub. (1) and shall, additionally, describe to the department how the program provider will do all of the following:
(a) Ensure that instructors approved by the department under sub. (6) are available to the students at reasonable times and by reasonable means.
(b) Provide a reasonable level of examination security for the examination given at the end of each distance education continuing education course.
(c) Sufficiently cover the subjects specified for continuing education courses.
(d) Provide reasonable oversight to ensure that the students who take the examination are the enrolled students.
(e) Provide a reasonable opportunity for student self-evaluation of mastery.
Note: Applications for educational program and course approval are available from the Department of Safety and Professional Services, Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at http://drl.wi.gov.
(2) The educational program and courses shall be available to all registered auctioneers regardless of membership in any organization.
(3) Program providers shall agree to monitor attendance at the beginning and end of each course and to furnish each participant an individual certificate of completion. Program providers shall retain copies of attendance records and evidence of completion of the courses by registered auctioneers for at least 5 years from the date the courses were presented.
(4) Program providers shall agree to distribute course evaluation survey forms to registered auctioneers who attend the courses offered by the providers. Program providers shall retain the originals of the completed forms for at least 12 months after the date of completion of the course and, upon request from the department, make them available to the department.
(6) Course instructors shall be approved by the department. An instructor whose auctioneer registration has been limited, suspended or revoked in Wisconsin or any other jurisdiction may not instruct in approved courses while the disciplinary action is ineffect. An approved instructor shall possess at least one of the following qualifications:
(a) Be an auctioneer registered in this state who is currently practicing auctioneering, and who has engaged in such practice for at least 5 years.
(b) Be an attorney who is engaged in the field of auctioneer-ing-related law.
(c) Be an appraiser who is approved by the AQB of the Appraisal Foundation to provide a 7 hour national USPAP update
Note: Applications for approval of instructors are available from the Department of Safety and Professional Services, Office of Education and Examinations, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or from the department's website at: http://drl.wi.gov.

SPS 128.05 Certification of completion of courses.

(1) Completion requirements. A registered auctioneer shall attend all the required hours before the program provider may give a certificate of completion to the registered auctioneer.
(2) Certification of completion. Program providers shall provide an individual certificate of completion to all registered auctioneers upon satisfactory completion of courses.

SPS 128.06 Education examination.

(1) The department shall conduct an education examination. A registered auctioneer may take the education examination conducted by the department in lieu of the educational program set forth in s. SPS 128.03. A registered auctioneer who passes the education examination shall not be required to complete the educational program.
(2) The education examination shall cover the courses required for the educational program approved by the department under s. SPS 128.03, and shall have no less than 5 questions for each hour of instruction in the approved education program or courses.
(3) The department shall permit a registered auctioneer to retake the education examination one time. If the registrant fails the examination a second time, the registrant shall attend an approved educational program or courses.
(4) The department shall require a minimum passing score of 70 on the education examination.
(5) The department shall permit registrants who take the education examination to review the examination and the examination results, as provided in s. SPS 122.06.
(6) Passing the examination for original registration as an auctioneer under s. 480.10, Stats., does not satisfy the requirements under this section.

Cite as Wis. Admin. Code §§ § 120.02 to 128.06