Current through Register No. 40, October 3, 2024
(a) Each applicant for a New Hampshire
auctioneer's license under RSA 311-B shall complete and submit an application
for a license as an auctioneer containing the following information about the
applicant:
(1) Name and date of
birth;
(2) Residence and business
address, telephone numbers, email and website addresses;
(3) Places of employment and occupations for
the last 5 years, including employer(s) name, address, telephone number, dates
of employment, job title(s), and job duties;
(4) Whether licensed as an auctioneer in
other states, and if so, copies of those current licenses;
(5) Whether ever refused or denied an
auctioneer's license in any state, and if so, the details of the refusal or
denial including:
The reason(s) for the refusal or denial;
a. The name of each state licensing authority
that refused or denied issuing the applicant a license; and
b. The date(s) of refusal or
denial;
(6) Whether
there has been any disciplinary action taken against the auctioneer in any
state, and if so, provide a copy of the order and details of the disciplinary
action including:
a. The reason(s) for the
disciplinary action(s);
b. The name
of each state licensing authority that has issued the disciplinary
action;
c. The docket number of the
order;
d. The date(s) of
disciplinary proceedings; and
e.
The penalties imposed, including, but not limited to, fines, and dates of
sanctions;
(7) Whether
ever convicted of any felony or misdemeanor involving theft, fraud, deceit,
misrepresentation, or other breaches of fiduciary duties, and, if so, the
details including:
a. The type of
offense;
b. The date of
conviction;
c. The docket or case
number for each conviction or plea of guilty;
d. The name and address of the court(s)
issuing the decision(s);
e. Each
resulting sentence, penalty, fine or combination imposed;
f. A description of each offense and the
disposition of each such case; and
g. Whether all terms of the sentence, penalty
or fine have been fulfilled, and if not, an explanation of why the terms have
not been fulfilled;
(8)
Whether there are, or have been, any suits in any court involving theft, fraud,
deceit, misrepresentation, or other breaches of fiduciary duties, to which the
applicant is a party, and if so, the details including:
a. The date of the
suit/proceeding(s);
b. The type of
action(s);
c. The docket or case
number(s);
d. The name and address
of the court(s) for the proceeding(s);
(9) Shall have reached the age of 18 years of
age by the date the board receives the application;
(10) Copy of a current government issued
photo ID; and
(11) A certified copy
of the applicants criminal history record issued within the 90 days prior to
the date of the application.
(b) The bond, extending at least for the term
of the license, required by
RSA
311-B:8 shall be attached to the license
application form.
(c) Each
applicant shall submit recommendations from 2 business references, such as but
not limited to banker, accountant, attorney, certifying the applicant is
trustworthy and competent to auction real, personal and mixed property in such
a manner as to safeguard the interests of the public. For any applicant relying
on reciprocity under RSA 311-B:6, the recommendations
shall come from 2 other licensed auctioneers in the state(s) where the
applicant is currently licensed, or New Hampshire.
(d) The reference shall have an acquaintance
of at least 3 months duration with the applicant, be familiar with past
business experience dealings of the applicant, and shall not be related to the
applicant.
(e) The recommendations
shall include the length of time the individual has known the applicant, a
description of past business dealings and experiences with the applicant, and
any other background information about the applicant known to the individual
who is making the recommendation.
(f) Each recommendation shall contain the
following:
(1) Name, address, and telephone
number of the reference;
(2) Extent
of the sponsor's acquaintanceship with the applicant;
(3) Familiarity with the past business
experience and dealings of the applicant;
(4) Such other knowledge of the applicant and
the applicant's background upon which the recommendation is founded;
and
(5) Date and signature of the
individual recommending the applicant.
(g) The applicant shall submit proof of
competence in one of the following 3 forms:
(1) An affidavit from the supervising
auctioneer or auctioneers certifying that the applicant has served as an
apprentice auctioneer for said auctioneer or auctioneers for a total period of
not less than 6 months and had participated in all phases of auctioneering over
the course of not less than a total of 10 auctions under said auctioneer or
auctioneer;
(2) A certificate of
graduation from an approved auctioneering school; or
(3) For non-resident applicants only:
a. A certified copy of a valid current
auctioneer's license, held by the applicant from any other state whose laws are
sufficient for reciprocity under
RSA
311-B:6, issued by the appropriate state
agency;
b. A letter of good
standing from said agency;
c. An
affidavit proving licensure for at least 6 months; and
d. Conduct of at least 10 auctions within the
5 year period of time immediately prior to the application.
(h) The apprenticeship
affidavit shall contain the following information:
(1) Name and address of both the applicant
and the supervising auctioneer;
(2)
The auction name and type of auction;
(3) The specific dates of auctions
worked;
(4) A description of the
responsibilities of the apprentice during the apprenticeship;
(5) A description of the responsibilities of
the apprentice at the specific auctions worked; and
(6) A statement of competency established
through the apprenticeship.
(i) The phases of auctioneering in which an
auctioneer on apprenticeship shall participate shall include the following
categories:
(1) Bid caller;
(2) Cashier;
(3) Scribe;
(4) Runner;
(5) Dealing with consignors;
(6) Preparation of flyers and
advertising;
(7) Auction set
up;
(8) Tagging; and
(9) Lotting.
(j) For purposes of determining reciprocity
the board shall maintain a reciprocity list of states which the board has
determined have licensing requirements consistent with
RSA
311-B:6 and these rules. At the request of
any applicant for a license, the board shall review the requirements of any
specific state(s) not on the reciprocity list to determine whether said
state(s) should be added to this list. If the board determines that any state's
licensing requirements no longer meet the requirements of
RSA
311-B:6, the board may remove said state from
the Reciprocity List.
(k) If
required by Auc 303.01, the applicant shall submit a copy of the examination
results from the board of auctioneer's examination taken within 6 months of the
application date.
(l) All forms
shall be complete and shall be signed and dated by the applicant in ink and
notarized. All affidavits shall also be signed and dated by the writer and
notarized. Incomplete or non-notarized forms or applications submitted without
the recommendations, bonds, fees, or other necessary attachments shall be
returned to the applicant. All applications and information therein shall be
current.
(m) The applicant shall
certify that:
(1) The applicant agrees to
comply with the requirements set forth in RSA 311-B, Auc 100-500, and other
auction related laws or rules, and that the applicant understands that
violations of these laws and rules shall be grounds for disciplinary
proceedings against them;
(2) The
application and the information contained therein is true, accurate, and
complete;
(3) That the application
and the information contained therein is public information under RSA 91-A
unless exempted by statute or court order;
(4) That the application and information
contained therein may be divulged by the board pursuant to RSA 311-B,
and
(5) Shall acknowledge that any
false statement on the application form, or in the information contained
therein, is punishable as a misdemeanor pursuant to
RSA
641:3.
