Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 330.050(6), 330.060, 330.070, 330.095,
330.192
NECESSITY, FUNCTION, AND CONFORMITY: KRS 330.050(8) authorizes
the Board of Auctioneers to promulgate administrative regulations with the
approval of the executive director of the Kentucky Real Estate Authority in
accordance with KRS Chapter 13A as required to fulfill the duties and functions
assigned to the board by KRS Chapter 330. KRS 330.060(3)(b) requires the board
to establish an examination fee by administrative regulation. KRS 330.070
requires the board to promulgate administrative regulations concerning license
fees and replacement fees and authorizes the board to establish fees for
deferral of continuing education or a change of address. KRS 330.192 authorizes
the board to promulgate administrative regulations concerning the auctioneer's
education, research, and recovery fund. This administrative regulation
establishes fees associated with acquiring and maintaining auctioneer
licenses.
Section 1. Licensure Fees.
(1)
(a) The
initial license fee for each new applicant with the Kentucky Board of
Auctioneers shall be $125. Payment of the fee shall accompany the Auctioneer
License Application, KBA-1.
(b) An
applicant for an initial license shall submit with his or her Auctioneer
License Application, KBA-1, a national background check that was completed by
the Federal Bureau of Investigation within the sixty (60) days preceding
submission of the application.
(2)
(a) The
license renewal fee shall be $125. A late fee of $125 shall be added to the
renewal fee during the six (6) month grace period following the expiration date
of the license.
(b) A licensee
shall use the online License Renewal System offered by the board at
https://auctioneers.ky.gov/Pages/default.aspx.
(c) If a licensee is unable to use the online
procedure, he or she shall submit a completed paper copy of the License Renewal
Form, KBA-7 to the Kentucky Board of Auctioneers.
(3)
(a) The
examination fee for each applicant shall be $125. Payment of the fee shall
accompany the Auctioneer License Examination Application, KBA-2.
(b) An applicant for an initial license shall
also attach a current two (2) inch by two (2) inch passport quality photo to
the completed Auctioneer License Examination Application, KBA-2.
(4)
(a) The licensing fee for a reciprocal
applicant shall be determined pursuant to KRS 330.095(1)(c). Payment of the fee
shall accompany the Auctioneer License Application, KBA-1.
(b) An applicant for a reciprocal license
shall submit with his or her Auctioneer License Application, KBA-1 a national
background check that was completed by the Federal Bureau of Investigation
within the sixty (60) days preceding submission of the application.
(c) An applicant for a reciprocal license
shall:
1. Attach a current two (2) inch by two
(2) inch passport quality photo to the completed Auctioneer License
Application, KBA-1; and
2. Submit a
letter of good standing from at least one (1) jurisdiction where the applicant
holds a license subject to a present reciprocal agreement between that
jurisdiction and the board.
Section 2. Late Continuing Education
Completion Fee.
(1) A licensee who has failed
to complete the required continuing education credits on or before May 31 of
each license year shall remit a fee of $300 to remain active.
(2) A licensee who remits the fee prescribed
in subsection (1) of this section shall be prevented from renewing his or her
license in the following license year unless he or she completes the delinquent
education prior to the renewal period.
(3) Nothing in this Section shall alleviate a
licensee's obligation to complete the continuing education required for each
license year.
Section 3.
Replacement Fee. The fee for replacement of a license or a pocket license shall
be fifteen (15) dollars.
Section 4.
Reactivation Fees.
(1) To reactivate a license
that has previously been placed in escrow status, a licensee shall pay:
(a) A reactivation fee of $125; and
(b) The recovery fee of thirty (30)
dollars.
(c) The reactivation fee
shall not apply to any individual seeking to reactivate a license within ninety
(90) days following a period of active duty military service. If the individual
has been discharged from military service, this exception shall only apply if
the individual was honorably discharged.
(2) The licensee shall complete the board's
core course within six (6) months prior to requesting to reactivate a license
that is currently in escrow and submit proof of the same with the completed
License Status and Information Update Form, KBA-3.
(3) A licensee seeking to reactivate his or
her license shall submit a national background check that was completed by the
Federal Bureau of Investigation within the sixty (60) days preceding submission
of the application with the completed License Status and Information Update
Form, KBA-3.
Section 5.
Change of Address and License Verification Fees.
(1) The fee for a change of address shall be
fifteen (15) dollars.
(2) The fee
for a change of principal shall be fifteen (15) dollars.
(3) There shall be no fee for the following
changes:
(a) Placing license into escrow;
and
(b) Change of name.
(4) The fee for a duplicate
license shall be fifteen (15) dollars.
(5) The fee for a letter of good standing
shall be five (5) dollars. Upon request, the board shall provide documentation
directly to the auctioneer licensing authority in another
jurisdiction.
(6) Change and
license verification requests shall be submitted on the License Status and
Information Update Form, KBA-3.
Section 6. Recovery Fees. The following fees
shall be assessed for the auctioneer's education, research, and recovery fund
established by KRS 330.192:
(1) The recovery
fee for each license application shall be thirty (30) dollars, which shall be
waived for a principal auctioneer if the licensee has already paid the recovery
fee for another license in the current license year; and
(2) The recovery fee for each license shall
be thirty (30) dollars per year.
Section 7. Non-refundable Fees. All fees
established by this administrative regulation shall be
non-refundable.
Section 8.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"Auctioneer License Application", KBA-1, May 2019;
(b) "Auctioneer License Examination
Application", KBA-2, May 2019;
(c)
"License Status and Information Update Form", KBA-3, May 2019; and
(d) "License Renewal Form", KBA-7, May
2019.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Kentucky Board of Auctioneers, 656 Chamberlin Avenue, Suite B, Frankfort,
Kentucky 40601 Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 330.050(8), 330.060(3)(b), 330.070,
330.192