§ 85B-4.12 – Disciplinary action against licensee.
85B-4.12. Disciplinary action against licensee. Nothing contained in this Article shall limit the authority of the Commission to take disciplinary action against any licensee under this Chapter, nor shall the repayment in full of all obligations to the Fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought under this […]
§ 85B-5 – Licensing of nonresidents.
85B-5. Licensing of nonresidents. (a) Any person who holds a valid auctioneer license in another state may apply for and be granted a reciprocal North Carolina license if the resident state in which the person is licensed has minimum training or experience standards which are acceptable to the Commission but are not more lenient than […]
§ 85B-6 – Fees; local governments not to charge fees or require licenses.
85B-6. Fees; local governments not to charge fees or require licenses. (a) The Commission shall collect and remit to the State Treasurer fees in an amount not to exceed the following: Item Maximum Fee Apprentice Auctioneers: Application for license…………………………………………………………………….. $ 125.00 Issuance or renewal of license………………………………………………………….. 125.00 Auctioneers: Application for license…………………………………………………………………….. 125.00 Examination…………………………………………………………………………………… 75.00 Issuance […]
§ 85B-7 – Conduct of auction; records.
85B-7. Conduct of auction; records. (a) No licensee shall conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement must contain the terms and conditions upon which the auctioneer received the goods for sale. The licensee shall provide the owner with a […]
§ 85B-7.1 – Handling clients' funds.
85B-7.1. Handling clients’ funds. (a) Each licensee who does not disburse all funds to the seller on auction day shall maintain a trust or escrow account and shall deposit in the account all funds that are received for the benefit of another person and are not disbursed to the seller on auction day. The licensee […]
§ 85B-8 – Prohibited acts; assessment of civil penalty; denial, suspension, or revocation of license.
85B-8. Prohibited acts; assessment of civil penalty; denial, suspension, or revocation of license. (a) The following shall be grounds for the assessment of a civil penalty in accordance with G.S. 85B-3.1(b) or the denial, suspension, or revocation of an auctioneer, auctioneer apprentice, or auction firm license: (1) Any violation of this Chapter or any violation […]
§ 85B-9 – Penalties and enforcement.
85B-9. Penalties and enforcement. (a) Any person, corporation or association of persons violating the provisions of G.S. 85B-4(a) shall be guilty of a Class 1 misdemeanor. The Attorney General of North Carolina, or the Attorney General’s designee, shall have concurrent jurisdiction with the district attorneys of this State to prosecute violations of this Chapter. (b) […]
§ 85B-4.4 – Response and defense by Commission and judgment debtor; proof of conversion or other fraudulent act.
85B-4.4. Response and defense by Commission and judgment debtor; proof of conversion or other fraudulent act. (a) When the Commission proceeds upon an application as set forth in this Article, counsel for the Commission may defend action on behalf of the Fund and shall have recourse to all appropriate means of defense, including the examination […]
§ 85B-4.5 – Determination of certain small claims without a prior judicial determination.
85B-4.5. Determination of certain small claims without a prior judicial determination. Notwithstanding any other provisions of this Chapter, the Commission may, in its discretion, order that payment be made from the Fund, without requiring a prior judicial determination in any case where: (1) The total loss claimed by the claimant is two thousand five hundred […]
§ 85B-4.6 – Order directing payment out of Fund; compromise of claims.
85B-4.6. Order directing payment out of Fund; compromise of claims. (a) Applications for payment from the Fund shall be heard and decided by a majority of the members of the Commission. If, after a hearing, the Commission finds that the claim should be paid from the Fund, the Commission shall enter an order requiring payment […]