311-B:1 Definitions. – In this chapter: I. " Auction " means the sale of real or personal property, or both, in which the sale price of the property offered is increased by competitive bids until the highest accepted bidder becomes the purchaser. II. " Auctioneer " means a person who engages in, or who […]
311-B:10 Renewal; Reinstatement. – I. An auctioneer license shall be valid for 2 years from the date of issuance, but if the board fails to act on a complete and timely application for license renewal before the expiration date of the license, the license shall remain valid until the board acts on the application. […]
311-B:11 Disciplinary Action. – I. The board may undertake disciplinary proceedings: (a) Upon its own initiative; or (b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds for the complaint. II. Misconduct sufficient to support disciplinary proceedings […]
311-B:11-a Hearings. – I. The board is authorized to perform investigations, to engage in both disciplinary and nondisciplinary proceedings and to settle both disciplinary and nondisciplinary matters. The board is authorized to issue subpoenas for persons and things to assist in its investigations, proceedings, and settlements. II. The board shall hold a hearing or […]
311-B:12 Penalties. – Any person violating the provisions of RSA 311-B:4, I and not exempt under RSA 311-B:13 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Source. 1969, 469:1. 1973, 528:196. 2010, 291:11, eff. Jan. 1, 2011.
311-B:13 Exceptions. – I. This chapter shall not apply to any auctions held by order or judgment of any court of the state or the United States or by any officer of a municipality, county, state of United States, foreclosure sales by mortgagees, lienholders, or holders of any other kinds of security interests in […]
311-B:14 Disposition of Revenue. – All moneys collected under this chapter shall be paid into the general fund and are appropriated therefrom to the secretary of state for the purpose of carrying out the provisions of this chapter. Source. 1969, 469:1, eff. Sept. 1, 1969.
311-B:2 State Board of Auctioneers. – I. There is hereby established a state board of auctioneers consisting of 5 members, including 4 auctioneers and one public member, appointed by the governor with the advice of the council for terms of 5 years. Terms shall expire March 1. All board members shall be residents of […]
311-B:3 Rulemaking Authority. – I. The board, with the approval of the secretary of state, shall adopt rules, pursuant to RSA 541-A, relative to: (a) Procedures for initial, renewal, and reinstatement licensure; (b) The qualifications of applicants for initial, renewal, and reinstatement licensure in addition to those requirements set by statute, and the means […]
311-B:4 Acts Prohibited; Use of Name by Business Organization. – I. It shall be unlawful for any person physically located in the state of New Hampshire to: (a) Knowingly engage in, or offer to engage in, auctioneering for a fee, commission, or other consideration unless such natural person has a valid license under this […]
311-B:4-a Cease and Desist Orders. – I. Whenever the board has reasonable cause to believe that any person is engaging in the business of auctioneering without obtaining a license as provided in this chapter or without being an authorized business organization under this chapter, or has engaged or is about to engage in any […]
311-B:5 Qualifications; Application. – The board shall grant licensure to any applicant who: I. Shall have attained the age of 18 years by the date the board receives the application; II. Submits professional references or recommendations that comply with other standards specified by rule, certifying that the applicant is trustworthy and competent to auction […]
311-B:6 Nonresidents. – The board may grant an auctioneer’s license to any applicant who is similarly licensed in any other state, provided the other state’s licensing requirements are substantially equivalent to or higher than those of this state. Source. 1969, 469:1. 1981, 491:7. 2010, 291:6, eff. Jan. 1, 2011.
311-B:7 Repealed by 2010, 291:14, eff. Jan. 1, 2011. –
311-B:8 Repealed by 2022, 126:1, II, eff. July 26, 2022. –
311-B:9 Local Regulation. – This chapter shall not be deemed to nullify or prevent a municipal corporation from collecting an additional fee from auctioneers licensed under this chapter. Source. 1969, 469:1, eff. Sept. 1, 1969.
