Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
Board may assess a civil penalty in accordance with
G.S.
85B-3.1(b) or deny, suspend,
or revoke a license, or issue a letter of reprimand to a licensee, upon any of
the following grounds:
(1) violation of any
provision of G.S. 85B;
(2)
violation of any rule in this Subchapter;
(3) a check given to the Board in payment of
fees is returned unpaid;
(4)
allowing an unlicensed person to call a bid at a sale, except as authorized in
21 NCAC
04B .0506;
(5) auctioneering at an unlicensed auction
firm sale;
(6) failure to complete
an application or making any false statement or giving any false information in
connection with an application for a license, renewal, or reinstatement of a
license including:
(A) failure to cooperate
with any investigation; or
(B)
making any false statement or giving any false information in connection with
any investigation by the Board or the Board's staff;
(7) being adjudicated mentally incompetent by
a court;
(8) being convicted of a
crime that meets the requirements of
G.S.
93B-8.1(b);
(9) violation of any federal or state
statute, rule, or regulation that relates to the auctioneering
profession;
(10) practicing the
profession for which the individual is licensed while his or her ability to
practice was impaired by alcohol or other drugs or physical or mental
disability or disease;
(11) being
incompetent in practice. In this Subparagraph, "being incompetent in practice"
means the licensee has engaged in conduct that shows a lack of ability,
fitness, or knowledge to apply principles or skills of the auctioneering
profession;
(12) engaging in
unprofessional conduct. In this Subparagraph, "unprofessional conduct" means
the licensee has committed any prohibited act as set forth in
G.S.
85B-8(a);
(13) obtaining or attempting to obtain
compensation by fraud or deceit;
(14) violation of any order of the Auctioneer
Licensing Board requiring a licensee to comply with any provision of the
Board's law or administrative rules;
(15) failure to possess truth, honesty, and
integrity sufficient to be entitled to the high regard and confidence of the
public. In this Subparagraph, "a lack of truth, honesty, and integrity" shall
be shown by proof that the applicant or licensee is in violation of other
provisions of the Board's law and administrative rules that demonstrate that
the applicant or licensee fails to meet this standard; or
(16) failure to make the disclosures required
by 21
NCAC 04B .0405.
(b) When applying the requirements of
Paragraph (a) of this Rule to auction firms or their applications, the
requirements shall apply to the firm, all the principals, and all of the
designated persons of the firm.
