Alabama Administrative Code
Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS
Chapter 150-X-1 - RULES AND REGULATIONS
Section 150-X-1-.11 - Violations
Current through Register Vol. 42, No. 5, February 29, 2024
(a) The board may revoke or suspend licenses and/or levy and collect administrative fines for serious violations of the Alabama Auctioneers Licensing Act or the rules and regulations of the board of not less than two hundred dollars ($200) and not more than five hundred ($500) for each violation, as provided in Section 34-4-29, Code of Ala. 1975.
(b) Before denying an application for licensure or suspending or revoking any license, the board shall hold a hearing and shall, at least twenty-one (21) days prior to the date set for the hearing, notify the applicant or licensee in writing of the charges made or the question to be determined, including notice of the time and place of the hearing, and afford the applicant or licensee an opportunity to be present, be heard in person or by counsel, and to offer evidence orally, or by affidavit or deposition. Written notice may be served by delivery of the notice personally to the applicant or licensee or by mailing the notice by registered or certified mail to the last known mailing address of the applicant or licensee. If the applicant or licensee is an apprentice auctioneer, the board shall also notify the auctioneer employing him or her, or whose employ he or she is about to enter, by mailing notice by registered or certified mail to the auctioneer's last known address. The hearing shall be held at a time and place prescribed by the board.
(c) Upon a finding of a violation(s) of the Alabama Auctioneers Licensing Act or the rules and regulations of the board following proper notice and a hearing, which shall be conducted in accordance with the provisions of the Alabama Administrative Procedure Act, a license may be denied, suspended or revoked and/or an administrative fine levied for any of the following:
(d) The board may also levy and collect administrative fines against non-licensees for determined violation of the Alabama Auctioneer Licensing Act or the rules and regulation of the board following proper notice and a hearing held in accordance with the provisions of the Alabama Auctioneers Licensing Act, the Alabama Administrative Procedure Act, and the rules and regulations of the board, of not less than two hundred dollars ($200) and not more than five hundred ($500) for each violation, as provided in Section 34-4-29, Code of Ala., 1975.
(e) Conducting Auction Business for Unlicensed Companies. Any individual of auction house who conducts auction business, as defined in this chapter and the Auctioneers License Act, must be property licensed. Auction houses must name a licensed auctioneer to whom authority to transact business in the company's name is limited, as required under Section 34-4-28, Code of Ala. 1975, or require their owners or employees to become licensed auctioneers. Auctioneers who cry binds for auction houses that have not obtained a license from this Board and are otherwise ineligible for an exemption rule under Rule 150-X-1-.02 shall be subject to disciplinary action by this Board, as provided under its law, rules and regulations. (34-4-420, 34-4-28 ).
Rule.12 was renumbered to .11 as per certification filed July 24, 2007; effective August 28, 2007.
Author: J. O. Blandenburg
Statutory Authority: Code of Ala. 1975, § 34-4-20.