State Licensing Requirements
Alabama
Alabama Board of Auctioneers
Number of Licensed Auctioneers:
An Auctioneer License is required. Each applicant for a license as an auctioneer shall be 19 years of age or over, and each applicant for a license as an apprentice auctioneer shall be 18 years of age or over and shall be a citizen of the United States or legally present in this state. Each applicant for an auctioneer’s license shall: (1) have completed a prescribed course of study at an accredited auctioneering school approved by the board; (2) have served one year as an apprentice auctioneer under a licensed auctioneer in this state; (3) have been the principal auctioneer in at least five auctions of either real or personal property during this period of time; and (4) furnish satisfactory proof of these requirements to the board. An application shall also be accompanied by a recommendation of an employing auctioneer. If an applicant has not completed a course of study at an accredited auctioneering school, then he or she shall be required to serve two years as an apprentice under a licensed auctioneer, and shall have been the principal auctioneer in at least 10 auctions of real or personal property.
Fees:
The license fee for each auctioneer shall be an amount to be determined by the board, not to exceed two hundred fifty dollars ($250), and the license fee for each apprentice auctioneer shall be an amount to be determined by the board, not to exceed one hundred dollars ($100). The license fees for an auctioneer shall not be increased more than twenty-five dollars ($25) in any given year.
Online Auctions:
There is currently “no jurisdiction over online auctions” in Alabama.
August 30, 2011 – This opinion of the Attorney General is issued in response to your request on behalf of the City of Piedmont. Online auction sites that are open to the public constitute public auctions as it relates to section 11-47-116 of the Code of Alabama. Generally, the term “auction” refers to the “public sale of property to the highest bidder.” |LS|Webster’s third new international dictionary 142 (2002)|RS| The term “public” is defined as “a place accessible … to all members of the community.” Hence, a public auction is an auction that is open/accessible to or shared by all members of a community. |LS|Webster’s third new international dictionary 1836 (2002)|RS| There are no specific requirements regarding the manner in which the public auction should be conducted, i.e., the statute does not require the auction to be conducted by an auctioneer or by outcry. Thus, the question remains whether an online auction may be considered a public auction. The issue of whether an online sale may be considered a public auction has been addressed in an article appearing in the Consumer Finance Law Quarterly Report. |LS|Using an Online Auction to Sell Article 9 Collateral|RS|, addressed the issues facing secured creditors in their quest to sell repossessed property. The information gained in this article is nevertheless useful to the present situation. This article sets forth three criteria that are typically used in determining whether an auction is public: (1) whether the sale offered the public an opportunity to competitively bid; (2) whether there was sufficient advertising prior to the sale notifying the public of the time, place, and collateral to be sold; and (3) whether the public had access to the place of the sale and the collateral. |LS|Michael Korybut, Using an Online Auction To Sell Article 9 Collateral, 61 Consumer Fin L.Q. Rep. 792, 798-799 (2007). |RS| An online auction that (1) permits the general public to participate in the auction, allows the public to participate in the competitive bidding process, and permits the public to have access to the sale; (2) complies with the current advertising requirements of section 11-47-116 of the Code would comply with the public notification referred to in the Korybut article; and (3) maintains the collateral in a manner that permits access to the public, should qualify as a public auction. Thus, it is the opinion of this Office that use of an online auction site that meets these criteria would be considered a public auction pursuant to section 11-47-116 of the Code. Whether the auction site, www.govdeals.com, qualifies as a public auction is a factual question best suited for the city council or the municipal police chief to decide. Online auction sites that are open to the public constitute public auctions as it relates to section 11-47-116 of the Code of Alabama. Sincerely, LUTHER STRANGE; Attorney General
Reciprocity:
Arkansas, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Reciprocity will be granted to those states having licensing requirements of equal or higher standards than Alabama and who have entered into a reciprocal agreement with the board. Applicants for reciprocity from states without an apprenticeship program equivalent to the Alabama apprenticeship program will be required to be licensed in their home state for two (2) years prior to application for reciprocity as stated in the reciprocal agreement. (34-4-25 )
Continuing Education Requirement:
The board shall adopt a program of continuing education for its licensees. No licensee shall have his or her license renewed unless, in addition to any other requirements of this chapter, the minimum annual continuing education requirements are met. The continuing education program shall not include testing or examination of the licensees in any manner. Any licensee 65 years of age or older shall be exempt from the continuing education requirement.
Bonding/ Insurance: The Alabama State Board of Auctioneers requires auctioneers to post $10,000 surety bonds prior to conducting business.
State Association: http://www.alauctioneers.org/
Alabama Law:
http://www.auctioneer.alabama.gov/PDF/Rules/RulesRegs-11.16.18.pdf
http://www.auctioneer.alabama.gov/default.aspx
http://www.auctioneer.state.al.us
https://www.yundle.com/laws/alabama/auction-license-laws/auctioneer-license-law
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Alaska
Alaska Division of Corporations, Business and Professional Licensing
Number of Licensed Auctioneers:
There is no state required auctioneer license in Alaska. Some counties and municipalities may require a permit or licensing.
Online Auctions: There is currently “no jurisdiction over online auctions” in Alaska.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association:
Alaska Law: http://www.law.state.ak.us/
History:
Alaska Statutes Title 45. Trade and Commerce § 45.02.328. Sale by auction –
(a) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
(b) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer has discretion to reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
(c) A sale by auction is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve, the auctioneer may withdraw the goods at any time until the auctioneer announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract a bid until the auctioneer’s announcement of completion of the sale, but a bidder’s retraction does not revive any previous bid.
(d) If the auctioneer knowingly receives a bid on the seller’s behalf or the seller makes or procures such a bid, and notice has not been given that liberty for the bidding is reserved, the buyer has the option to avoid the sale or take the goods at the price of the last good faith bid before the completion of the sale. This subsection does not apply to a bid at a forced sale.
Alaska Statutes Title 8. Business and Professions § 08.88.165. Conduct of auctions –
Notwithstanding AS 08.88.161 , a person who is not licensed under this chapter may conduct an auction of real estate if
(1) the person has completed an auctioneering program at a school certified by an agency of this or another state, and the program included a course on real estate sales; and
(2) a real estate broker licensed under this chapter or an associate real estate broker licensed under this chapter supervises and is present during the auction.
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Arizona
Arizona State Consumer Protection Department
Number of Licensed Auctioneers:
No Auctioneer License Required. At a minimum, you must file for a business license to operate in the state of AZ, called the Transaction Privilege Tax and Use Tax. Counties may require you to file a separate license to operate your sale.
Online Auctions: Arizona does not regulate online auctions.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
Statistical Information
Internet Auction Complaints: 550 complaints in 2007; 800 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.azauctioneers.org/
Arizona Law: http://www.revenue.state.az.us
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Arkansas
Arkansas Auctioneers Licensing Board
Number of Licensed Auctioneers:
Auctioneer License required.
a. Completed and notarized Application for Auctioneer License which includes form CM600 and enclose a check or money order for $100.00 exam fee made payable to AALB.
b. Completed Arkansas State Police Identification form ASP-122 and enclose a check or money order for $22.00 for state background check made payable to AALB.
c. Completed FBI Fingerprint Cards (2) Return the completed fingerprint cards to our office with a check or money order for $16.50 made payable to Arkansas State Police in payment of a federal background check.
d. A current photograph full-face, passport-type (2”x2”) of head and shoulders taken within the past six months.
e. Check or money order for $200.00 made payable to AALB for license fee and recovery fund fee.
f. Letters of good standing from all states in which you currently hold a license.
g. Sit for written auctioneer exam and conduct a mock auction.
Online Auctions: Arkansas does not regulate online auctions at this time.
Reciprocity:Alabama, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, and Wisconsin.
Continuing Education Requirement: Yes, 6 hours per year
Bonding/ Insurance: $100 to Recovery Fund
Statistical Information
Internet Auction Complaints: 206 complaints in 2007; 190 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.arkansasauctioneers.org/
Arkansas Law:
https://www.aralb.com/
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California
California Secretary of the State Office
Number of Licensed Auctioneers: N/A
There is no auctioneer license requirement in CA. However, California does mandate that auctioneers and auction companies must have a bond filed with the state of at least $20,000.00.
Online Auctions: If, through Internet auction houses you list your merchandise to sell, seek bids, accept a bid from the highest bidder, and transfer the merchandise to the purchaser, you are generally considered the retailer in your transactions. This is true whether you receive the funds or have another party, such as PayPal, collect the funds on your behalf. Companies that host such transactions are not themselves considered retailers and are therefore not subject to the requirement.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance: $20,000 ($30 Filing fee)
State Association: http://www.caauctioneers.org/
California Law: http://www.ss.ca.gov
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Colorado
Colorado State Consumer Protection Office
Number of Licensed Auctioneers: N/A
There is no state required auctioneer license in Colorado. Some counties and municipalities may require a permit or licensing.
Online Auctions: Currently, there are no online auction laws regulating estate sale auctions being conducted through the internet.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.coauctioneers.org/
Colorado Law: http://www.dora.state.co.us/real-estate
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Connecticut
Connecticut Department of Consumer Protection
Number of Licensed Auctioneers: N/A
There is no state required auctioneer license in Connecticut. Some counties and municipalities may require a permit or licensing.
Online Auctions: Connecticut does not regulate online auctions at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
Statistical Information
Internet Auction Complaints: 22 complaints in 2007
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association:
Connecticut Law: http://www.ct.gov/dcp
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Delaware
Delaware Consumer Protection Unit
Number of Licensed Auctioneers: N/A
There is no state required auctioneer license in Delaware. Some counties and municipalities may require a permit or licensing. Resident auctioneers are required to have a state business license.
Online Auctions: Delaware does not regulate online auctions at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association:
Delaware Law: http://www.state.de.us/revenue
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District of Columbia
D.C. Department of Consumer & Regulatory Affairs
Number of Licensed Auctioneers:
Yes, additionally some counties and municipalities may require a permit or licensing.
Fees: Application $70, Endorsement $25, License $578, Technology $67.30
Online Auctions:
Reciprocity:
Continuing Education Requirement: No
Bonding/ Insurance:
State Association:
District of Columbia Law: http://mblr.dc.gov/information/bbl/index.asp
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Florida
Florida Dept of Regulation, Board of Auctioneers
Number of Licensed Auctioneers:
Auctioneer License required; to obtain must be 18 years or older, served as an apprentice for one year OR completed 80 hours of class time. Complete the application, pass exam and pay fee. A business cannot offer to conduct auctions without being licensed. Any auctioneer working for the business must have a Florida auctioneer’s license or an apprentice’s license.
Online Auctions: Yes, a license is required. When representing yourself or your business to the public as an Auctioneer or Auction Business, you must be licensed to do so; otherwise you may be cited for unlicensed activity.
Reciprocity:Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, New Hampshire, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
Continuing Education Requirement: No
Bonding/ Insurance: $100 to Recovery Fund surcharge.
State Association: http://www.floridaauctioneers.org/
Florida Law:
http://www.myfloridalicense.com/dbpr/pro/auct/documents/printable_auctioneer_lawbook.pdf
History
02/20/19 – Requirements for Conducting an Auction (Final)
12/03/18 – The proposed amendment will update the text of the existing rule. (Proposed)
11/14/18 – The proposed amendment will update the text of the existing rule. (Development)
06/19/12 – Requirements for Conducting an Auction (Final)
04/13/12 – The Board proposes this rule amendment to amend the statute number referenced and delete unnecessary language. (Proposed)
03/09/12 – The Board proposes the rule amendment to delete unnecessary language (Development)
10/12/93 – Requirements for Conducting an Auction (Final)
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Georgia
Georgia Auctioneers Commission
Number of Licensed:
Auctioneer License required. To obtain must be 18 years or older, served as an apprentice for one year OR completed 80 hours of class time. Complete the application, pass exam and pay fee.
Online Auctions: Companies that conduct online auctions in Georgia are required to be license with the Commission.
Reciprocity:Alabama, Kentucky, Texas.
Continuing Education Requirement: Yes
Bonding/ Insurance: Yes
State Association: http://www.gaauctioneers.org/
Since 1991, Georgia — per their Attorney General citing O.C.G.A. §43-6-9(c); 91 Op. Att’y Gen. 15 (1991) — has concluded that online auctions need to be licensed with the Georgia Auctioneers Commission.
Georgia Law: http://www.sos.state.ga.us/plb/auctioneer/
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Hawaii
Hawaii Department of Commerce – Consumer Protection
Number of Licensed Auctioneers: N/A
There is no state required auctioneer license in Hawaii. Some counties and municipalities may require a permit or licensing.
Online Auctions: Hawaii does not regulate online auctions at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association:
Hawaii Law: http://www.hawaii.gov/portal/
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Idaho
Idaho Consumer Protection Division
Number of Licensed Auctioneers: N/A
There is no state required auctioneer license in Idaho. Some counties and municipalities may require a permit or licensing.
Online Auctions: Idaho does not regulate online auctions at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.idahoauctioneers.org/
Idaho Law: http://www.idahorealestatecommission.com
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Illinois
Illinois Dept. of Financial and Professional Regulations; Illinois Auction Advisory Board
Number of Licensed Auctioneers:
Requires an Auctioneer License. All applicants must be at least 18 year of age, have attained a high school diploma or equivalent (e.g. GED), have a properly completed sponsor card, personally take and pass an examination, file an application on forms provided by DPR, and pay all fees as required.
Online Auctions: Internet Auction Listing Service Required to Register. The Illinois Department of Financial and Professional Regulation, Division of Banking and Real Estate (DBRE) has filed the final rules needed to Register Internet Auction Listing Services (IALS). These rules implement provisions of the Auction License Act (225 ILCS 407/10-27) and are effective September 16, 2004. Section 10-27 of the Auction License Act requires an IALS to register with the DBRE if any of the following conditions exist:
(1) the person, corporation, limited liability company, partnership, or other entity providing the Internet auction listing service is located in the State of Illinois;
(2) the prospective seller or seller, prospective lessor or lessor, or prospective purchaser or purchaser is located in the State of Illinois and is required to agree to terms with the person, corporation, limited liability company, partnership, or other entity providing the Internet auction listing service, no matter where that person, corporation, limited liability company, partnership, or other entity is located; or
(3) the personal property or services offered for sale or lease are located or will be provided in the State of Illinois.
Reciprocity:Alabama, Arkansas, Florida, Indiana, Massachusetts, Mississippi, Ohio, Tennessee, Texas, and Wisconsin.
Continuing Education Requirement: Yes, 12 hours every two years, but the auctioneer is exempt from CE if it is his or her first renewal.
Bonding/ Insurance:
State Association: http://www.illinoisauctioneers.org/
Illinois Law:
https://idfpr.com/profs/auctioneers.asp
https://www.idfpr.com/Forms/DRE/aureciprocity.PDF
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Indiana
Indiana Auctioneer Commission
Number of Licensed Auctioneers:
Requires an Auctioneer License. Must complete an application, pay fee, and pass examination after course completion from approved school.
Online Auctions: Indiana is not currently regulating online auctions.
Reciprocity:Alabama, Kentucky, Texas.
Continuing Education Requirement: Yes
Bonding/ Insurance:
Statistical Information
Internet Auction Complaints: 637 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.indianaauctioneers.org/
Indiana Law: http://www.in.gov/pla/auction.htm
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Iowa
Iowa Consumer Protection Division
Number of Licensed Auctioneers:
Iowa does not Requires an Auctioneer License. However, most municipalities offer specific auctioneer licenses for cattle and livestock.
Online Auctions: No license is required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.iowaauctioneers.org/
Iowa Law: http://www.agriculture.state.ia.us
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Kansas
Kansas Consumer Protection Division
Number of Licensed Auctioneers: N/A
Kansas does not require an auctioneer license. Some local and/or property specific licensing/permits
Online Auctions: Kansas does not regulate online auctions at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance: Yes, three times the cost to vendor of merchandise if/when license applies.
State Association: http://www.kansasauctioneers.com/
Kansas Law: http://www.kslegislature.org/cgi-bin/statutes/index.cgi
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Kentucky
Kentucky Board of Auctioneers
Number of Licensed Auctioneers:
Auctioneer License required. To obtain you must be:
(1) Good repute, trustworthy, and competent to transact the business for which the license is granted.
(2) At least eighteen (18) years of age.
(3) A high school diploma or equivalent.
(4A) Principal Auctioneer Applicant licensed as an apprentice prior to July 1, 2010 or after July 1, 2015: licensed as a Kentucky Apprentice Auctioneer for a minimum of one year, actively and materially participated in at least ten auctions, successfully completed at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider, successful completion of the principal auctioneer examination, and remittance of the initial licensure fee.
(4B) Apprentice Auctioneer Applicant shall be required to successfully complete twelve (12) hours of pre-license education obtained from a Board approved provider, sponsored by a Kentucky licensed principal auctioneer, successful completion of the apprentice examination and remittance of the initial licensure fee.
Fees: Exam $125, License $155
Online Auctions: Yes, a license is required for conducting any kind of auction. In 2009, Kentucky rewrote their auction licensing laws to not exclude online auctions from their auction licensing requirements, thus including online (or any other event termed “an auction”)
Reciprocity:Alabama, Arkansas, Florida, Georgia, Indiana, Louisiana, Massachusetts, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia and Wisconsin.
Continuing Education Requirement: All licenses, except those licensed before 01/01/1980, must take 6 hours. Core is every four years. After 25 years if continuous licensure the Core is no longer required, but CE is still required.
Bonding/ Insurance: Yes, $30 to Recovery Fund
Statistical Information
Internet Auction Complaints: 141 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.kentuckyauctioneers.org/
Kentucky Law: http://auctioneers.ky.gov
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Louisiana
Louisiana Auctioneers Licensing Board
Number of Licensed Auctioneers:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, register business with state, pay fee. If you are holding an auction in East Baton Rouge Parish, you will also need to apply directly to them for an auction license.
Fees: License $300
Online Auctions: Timed Internet Auctions are not regulated by the state.
Reciprocity:Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
Continuing Education Requirement: No
Bonding/ Insurance: $10,000
State Association: http://www.louisianaauctioneers.org/
Louisiana Law:
http://www.lalb.org/pdfs/laws.pdf
http://www.lalb.org/pdfs/rules.pdf
http://www.lalb.org/pdfs/Auction_info2.pdf
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Maine
Maine Board of Licensing of Auctioneers
Number of Licensed Auctioneers:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, and pay the application fees.
Fees: Exam $150, License $271, Renewal $200
Online Auctions: No, there is an exemption for online auctions. Contracted Internet services. This chapter does not apply to an individual who takes possession of goods pursuant to a contract for the exclusive purpose of selling those goods over the Internet, unless otherwise licensed under this chapter.
Reciprocity: N/A
Continuing Education Requirement: Continuing education is not required for Auctioneers.
Bonding/ Insurance: Before you apply for a license, you must provide a $10,000 surety bond.
State Association: http://www.maineauctioneers.org/
Maine Law:
https://www.maine.gov/pfr/professionallicensing/professions/auctioneers/index.html
http://www.mainelegislature.org/legis/statutes/32/title32ch5-Bsec0.html
https://www.maine.gov/sos/cec/rules/02/chaps02.htm#302
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Maryland
Maryland Consumer Protection Division
Number of Licensed Auctioneers: N/A
There is no Auctioneer license. However, you must register Dept. of Assessments and Taxation.
Online Auctions: No license is required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance: There is no state required auctioneer bonding or insurance in Maryland. Some counties and municipalities may have requirements, check for requirements.
State Association: http://www.mdauctioneers.org/
Maryland Law: http://www.blis.state.md.us/
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Massachusetts
Division of Professional Licensure
Number of Licensed Auctioneers:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, and pay the application fees.
Fees: A license fee of $100
Online Auctions: Massachusetts does not regulate online auctions.
Reciprocity:Florida, Illinois, Kentucky, Mississippi, New Hampshire, North Carolina and Tennessee. If your state has reciprocity with Massachusetts, you can obtain your auctioneers license by completing the (new) auctioneer application, $10,000 surety bond (bond form shows how bond is to written.), a copy of your diploma or certificate of completion, two (2) references and $100.00 fee.
Continuing Education Requirement:
Bonding/ Insurance: A $10,000 surety bond on the form approved by the Director of the Division of Standards
State Association: http://www.massauctioneers.com/
Massachusetts Law:
https://www.mass.gov/auctioneer
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter100
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Michigan
Michigan Consumer Protection Division
Number of Licensed Auctioneers:
As of June 2014 Auctioneer Licenses are no longer required by the State. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions: Michigan does not regulate online auctions.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.msaa.org/
Michigan Law: www.michigan.gov/cis/0,1607,7-154-35299_35414_46937-171650–,00.html
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Minnesota
Minnesota Consumer Services Center
Number of Licensed Auctioneers:
Generally. (a) The county auditor may license any person having the qualifications specified in paragraph (b) as an auctioneer. The license shall be issued by the auditor and shall authorize the licensee to conduct the business of an auctioneer in the state of Minnesota for the period of one year. It shall be recorded by the auditor in a book kept for that purpose. The license must specify the county issuing the license and must contain a number that individually identifies the auctioneer holding the license. Before the license is issued the applicant shall pay into the county treasury a fee of $20. (b) A natural person is qualified to be licensed as an auctioneer if 18 years of age or over and a resident of the county of application for at least six months immediately preceding the date of application. No co-partnership, association or corporation may be licensed as an auctioneer. However, nothing in this subdivision shall be construed as preventing auctioneers who are duly licensed in accordance with the provisions of this chapter, from combining in associations, co-partnerships, or corporations, provided that each and every member of these associations or co-partnerships and each and every person or agent conducting auction sales on behalf of these corporations is a duly licensed auctioneer as provided in this chapter. Nothing herein shall be construed to apply to the owner of property for at least six months selling it at an auction.
Fees: Yes, varies by county.
Online Auctions: Minnesota does not appear to be regulating online auctions.
Reciprocity: A resident of another state which issues auctioneers’ licenses to citizens of the state of Minnesota on the same or similar basis as to citizens of such state may be licensed as an auctioneer in the state of Minnesota upon compliance with the laws of the state of Minnesota relating to auctioneers’ licenses. Eligibility of a nonresident applicant shall be tested by reference to the law of the resident state, and in no case shall it be tested by reference to the law of some other state having reciprocity with the state of Minnesota in which the nonresident may qualify.
Continuing Education Requirement:
Bonding/ Insurance: Every auctioneer, before making sales, shall give a corporate surety bond to the county in a penal sum of not less than $1,000 nor more than $3,000 to be fixed by the treasurer and with sureties approved by the treasurer, conditioned that the auctioneer will pay all sums required by law and in all things conform to the laws relating to auctioneers. The treasurer, for approval, shall endorse the bond, and file it in the treasurer’s office.
State Association: http://www.minnesotaauctioneers.org/
Minnesota Law:
http://www.revisor.leg.state.mn.us/stats/330/
https://mn.gov/elicense/a-z/?id=1083-245519#/list/appId//filterType//filterValue//page/1/sort//order/
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Mississippi
Mississippi Auctioneer Commission
Number of Licensed Auctioneers:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, and pay the application fees.
Fees: Exam $100, License $200 and Renewal $200
Online Auctions: According to the MAA, if the auction originates in Mississippi, then a license is required.
Reciprocity:Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, North Carolina, South Carolina, Tennessee, Texas, and Virginia.
Continuing Education Requirement: No
Bonding/ Insurance: Yes, $10,000
State Association: http://www.mississippiauctioneers.org/
Mississippi Law:
http://www.mississippiauctioneers.org/licensinglaw.php
In the News:
November 17, 2017 – State auditor speaks on reverse auction law
http://www.wdam.com/story/36866186/state-auditor-speaks-on-reverse-auction-law/
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Missouri
Dept. of Insurance, Financial Institutions and Professional Regulations; Missouri Consumer Protection Division
Number of Licensed Auctioneers:
As of 2015, a license is required to hold auctions. Missouri Laws 343.010 – Auctioneers must have license — auctioneer defined. —
1. No person shall exercise the trade or business of a public auctioneer by selling any goods, property or real estate, without a license.
2. “Auctioneer”, as used in section 150.380 and sections 343.010, 343.070 to 343.105 is one who sells goods, merchandise, or property of any kind, at public or private auction, for another person, and who receives any commission or compensation of any kind for conducting such sale; but not including one who conducts such a sale by or under the jurisdiction of any court, or pursuant to any judicial judgment or order, or any foreclosure sale of real estate, and not including any owner of any goods, merchandise or property of any kind, who himself conducts such sale.
Fees: Vary by county
Online Auctions: Online auctions fall under the definition of auctions, so a license for online auctions is required.
Reciprocity: 343.100. Nonresidents to be licensed. — No person shall be permitted to sell goods or property* of any kind at auction unless he shall have resided in this state six months next preceding the time of making application for license. Except that any nonresident individual may be granted a license to engage in auctioneering in this state upon application and payment of the appropriate fees set out in this chapter.
Continuing Education Requirement:
Bonding/ Insurance: Varies by county.
State Association: http://www.moauctioneers.org/
Missouri Law: http://www.pr.mo.gov
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Montana
Montana Office of Consumer Protection
Number of Licensed Auctioneers: N/A
No State Auctioneer License requirement. State law authorizes towns and local governments to regulate and license auctioneers.
Online Auctions: Montana does not regulate online auctions at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance: Yes, and may vary by county or type of auction.
State Association: http://www.montanaauctioneers.org/
Montana Law: http://www.doj.mt.gov/
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Nebraska
Nebraska Consumer Protection Division
Number of Licensed Auctioneers:
No State Auctioneer License required. Certain types of auctions (motor vehicle) may require license. Some counties and municipalities may require a permit or licensing.
Online Auctions: Nebraska does not regulate online auctions.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.nebraskaauctioneers.com/
Nebraska Law: http://www.nrec.state.ne.us
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Nevada
Nevada Bureau of Consumer Protection
Number of Licensed Auctioneers:
No State Auctioneer License. All businesses operating in Nevada must obtain a State Business license. More specific licenses such as auction and resale licenses are issued by local governments.
Online Auctions: Nevada does not regulate online auctions.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association:
Nevada Law: http://www.red.state.nv.us
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New Hampshire
New Hampshire Board of Auctioneers
Number of Licensed Auctioneers:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $25,000.00, and pay the application fees.
Fees: Exam $75, License $200.
Online Auctions: On August 12, 1999, the New Hampshire Board of Auctioneers posted a notice in the Manchester Union Leader concerning people selling items for “others” at online auctions, saying it was illegal unless they were licensed auctioneers in New Hampshire. On January 1, 2011, law in New Hampshire began to require most online auction (providers) to be licensed as auctioneers.
Reciprocity: Florida, Georgia, Indiana, Kentucky, Louisiana, Massachusetts, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, and West Virginia
Continuing Education Requirement: No
Bonding/ Insurance: $25,000
State Association: http://www.newhampshireauctioneers.org/
New Hampshire Law:
http://www.nhes.state.nh.us/elmi/licertoccs/auctionr.htm
http://sos.nh.gov/auctioneers.aspx
In the News:
April 24th 2018 – Bill would ease NH auction laws for online sites
https://www.nhbr.com/April-27-2018/Bill-would-ease-NH-auction-laws-for-online-sites/
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New Jersey
New Jersey Office of Consumer Protection
Number of Licensed Auctioneers: N/A
No State Auctioneer License required. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions: New Jersey does not regulate online auctions.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.njssa.com/
New Jersey Law: http://www.state.nj.us/lps/
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New Mexico
New Mexico Regulation & Licensing; Consumer Protection Division
Number of Licensed Auctioneers: N/A
No State Auctioneer License required. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required. The Attorney General of the State of New Mexico is of the opinion that an auctioneer would have to have a NM real estate license to transact real estate sales of real property in the State of New Mexico.
Online Auctions: There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association:
New Mexico Law:
http://www.nmag.gov/
http://www.rld.state.nm.us/uploads/files/REC%20-%20AG%20Opinion%20Auctioneers%20Need%20Broker%20Licenses.pdf
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New York
New York Division of Consumer Protection
Number of Licensed Auctioneers: N/A
No State Auctioneer License required. NY gives authority to city governments to issue licenses.
Online Auctions: There is no regulation for online auctions.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.nyauctioneers.org/
New York Law: http://www.nys-opal.org
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North Carolina
North Carolina Auctioneer Licensing Board
Number of Licensed Auctioneers:
Auctioneer License required. To quality you must be over the age of 18, be a high school graduate or have your GED, be of good moral character, not have had a previous license revoked, and complete required courses. Licenses are issued after successful exam, application and fees are paid.
Fees: Application $50, Exam $50, License $150
Online Auctions: Yes, a license is required for all types of auctions.
Reciprocity:Alabama, Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, New Hampshire, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
Special conditions apply for Florida, Louisiana, Massachusetts, New Hampshire, Texas and Wisconsin
Continuing Education Requirement: Yes, 4 hours per year
Bonding/ Insurance: Yes, $50 to Recovery fund
State Association: http://www.northcarolinaauctioneers.org/
North Carolina Law:
http://www.ncalb.org/pdfs/LRBook07-15-09.pdf
http://www.ncalb.org/index.cfm
https://codes.findlaw.com/nc/chapter-85b-auctions-and-auctioneers/
History:
North Carolina General Statutes Chapter 85B. Auctions and Auctioneers § 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 signed copy of the agreement and shall keep at least one copy for his own records for two years from the date of the agreement. Copies of all contracts shall be made available to the Commission or its designated agent upon request.
(b) Each licensee shall maintain consignment records and enter in them, upon receipt of goods for auction and before sale, the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. The consignment record shall contain an adequate description of the goods to be sold and shall be sufficient to positively identify each item. Consignment records shall be open for inspection by the Commission or its designated agent at reasonable times.
(c) All licensees shall have their licenses available at each auction they conduct.
(d) Each licensee shall maintain sales records, which identify the purchaser of all goods sold by name, address, and when possible, telephone number. The sales records shall contain an adequate description of the items sold and must be sufficient to positively identify the owner of the property. Sales records shall be maintained for a period of not less than two years from the date of sale. Sales records shall be open for inspection by the Commission or its designated agent at reasonable times.
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North Dakota
North Dakota Public Service Commission
Number of Licensed Auctioneers:
Auctioneer License required. To quality you must be over the age of 18, be a high school graduate or have your GED, be of good moral character, complete required courses, complete application, pay fee, and get bond in the amount of $5,000.00.00
Online Auctions: State Law has specifically exempted Online Auctions from licensing requirements.
Reciprocity: N/A
Continuing Education Requirement: No
Bonding/ Insurance: $5000
State Association: http://www.ndauctioneers.com/
North Dakota Law: http://www.psc.state.nd.us/jurisdiction/auctioneers-forms.html
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Ohio
Ohio Department of Agriculture (Auctioneer)
Number of Licensed Auctioneers:
Auctioneer License required. In order to become licensed in Ohio, an auctioneer must first attend an approved auction school, serve a full year as an apprentice, and act as a bid caller in 12 auctions before applying for an auctioneer license. The applicant must then take and pass a written and verbal examination prior to receiving a license. The bond requirement is $25,000.00. There is also an application and fee that must be paid.
Fees: Pay a $200 biennial licensing fee and a $25 exam fee.
Online Auctions: State Law requires an auctioneer to be licensed to conduct an online auction. On May 2, 2005, Ohio passed a law requiring a license for anyone conducting an online auction (SB 209) — until it was repealed 4 days later (May 6 by SB 99.)
Reciprocity:Alabama, Kentucky, Texas, Wisconsin.
Continuing Education Requirement: No
Bonding/ Insurance: Obtain a $25,000 Ohio auctioneer bond
State Association: http://www.ohioauctioneers.org
Ohio Law: http://www.ohioagriculture.gov/auction/
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Oklahoma
Oklahoma Public Protection Unit
Number of Licensed Auctioneers:
State law authorizes the counties to issue Auctioneer Licenses. You must apply with the county. To be qualified you must be 18 years or old, fill out the application, pay fee, and a bond is required.
Online Auctions: An auctioneer is not required to have a state license to provide auctioning services to sell general, personal and tangible property items for an owner. However, to sell agriculture livestock at an auction or real estate, special licenses are required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
Statistical Information
Internet Auction Complaints: 1002 complaints in 2007; 904 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.okauctioneers.org/
Oklahoma Law: http://www.orec.state.ok.us
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Oregon
Oregon Consumer Protection Office
Number of Licensed Auctioneers:
There is no Auctioneer license however the state does regulate the conduct of Auctions and Auctioneers. Requires license for certain types of auctions (i.e. livestock, liquor). Additionally, some counties and municipalities may require a permit or licensing.
Online Auctions: There are rules, but no license is required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
Statistical Information
Internet Auction Complaints: 237 complaints in 2007; 288 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.oregonauctioneers.org/
Oregon Law: https://www.oregonlaws.org/ors/698.640
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Pennsylvania
Pennsylvania State Board of Auctioneer Examiners
Number of Licensed Auctioneers:
State requires an Auctioneer License. To qualify you must complete an approved auctioneer school, pass an exam, fill out an application and pay the fees. There is a $5000 bond requirement.
Online Auctions: On October 8 2008, Pennsylvania amended the Auctioneer and Auction Licensing Act to include the Trading Assistant Registration Act — those who for a fee or commission accept personal property to sell on behalf of another through an online Internet bidding platform. To obtain: (b) Application.- Application for registration under this section shall include the following: (b) Application.- Application for registration under this section shall include the following: (1) Name of the applicant, the business and the physical location where the business will be conducted. (2) Date the applicant will begin accepting goods for sale through an online internet bidding platform. (3) Pennsylvania tax identification number. (4) E-mail address. (c) Fee.-A registration fee of $100 shall be included with each application for registration.
Reciprocity: Alabama, Kentucky, Texas.
Continuing Education Requirement: No
Bonding/ Insurance:
State Association: http://www.paauctioneers.org/
Pennsylvania Law:
http://www.dos.state.pa.us/auct
https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/AuctioneerExaminers/Documents/Auctioneer%20Law%20Act.pdf
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Rhode Island
State of Rhode Island Department of Business Regulation; Consumer Protection Unit
Number of Licensed Auctioneers:
As of 2015, Rhode Island no longer requires an auctioneer license. The state does require a business license to sell second hand furniture or second hand bedding.
Online Auctions: No license is required.
Reciprocity:South Carolina.
Continuing Education Requirement:
Bonding/ Insurance:
State Association:
Rhode Island Law: http://www.dbr.state.ri.us
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South Carolina
State of South Carolina Department of Labor Licensing; South Carolina Auctioneers Commission
Number of Licensed Auctioneers:
State requires an Auctioneer License. To qualify you must complete an approved auctioneer school, pass an exam, fill out an application and pay the fees.
Fees: Exam $25, Credit Report $10, License $300, Renewal $300 *Fees may be probated.
Online Auctions: When the computer is acting as the auctioneer (no actual person is bid calling), you need an auction firm license (which requires an online exam). Online auctions you conduct or help conduct require an auctioneer license. The South Carolina Auctioneers’ Commission, in August 2014, determined that if you do any facets of auctioning in South Carolina, if you have a store front in South Carolina, if you take consignments in South Carolina, if you write a contract in South Carolina., if you receive funds on behalf of the seller or pay a seller in South Carolina if there is a physical presence of personal property, then you must have a South Carolina Auctioneers’ Commission license. In August 2017, the Commission reaffirmed and strengthened its position to add that you must also have a firm license if your business is anything other than a sole proprietorship as is defined in Section 40-6-20(10).
Reciprocity:Alabama, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, and West Virginia.
Continuing Education Requirement: Yes. You need eight hours of commission-approved CE every two years. Generally, CE approved by a reciprocal state licensing board will be accepted by S.C.. However, the CE must be obtained during the appropriate time.
Bonding/ Insurance: The Recovery Fund fee is $100. A bond is not required.
State Association: http://www.southcarolinaauctioneers.org/
South Carolina Law:
https://www.scstatehouse.gov/code/t40c006.php
https://www.scstatehouse.gov/coderegs/Chapter%2014.pdf
https://www.scstatehouse.gov/code/t40c001.php
https://www.llr.sc.gov/POL/Auctioneers/
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South Dakota
Department of Labor and Regulation; Division of Consumer Protection
Number of Licensed Auctioneers: N/A
There is no general Auctioneer license required. There is licensing requirement to auction off Real Estate.
Online Auctions: No license is required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.sdaa.net/
South Dakota Law: http://www.state.sd.us/sdrec/exam_info/examinfo.htm
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Tennessee
Tennessee Auctioneers Commission
Number of Licensed Auctioneers:
State requires an Auctioneer License. To qualify you must be 18 years or older, complete an approved auctioneer course, pass exam, submitted completed application and pay fee. Also must complete apprentice hours before full license can be issued.
Fees: Exam $125, License $175, Application $50.
Online Auctions: State law excludes the licensing requirement to timed or fixed price auctions but requires licensing for simulcast of a live auction. “It must start at the exact time listed and close at the exact time that is stated.” Tenn. Code Ann. § 62-19-103
Reciprocity:Alabama, Arkansas, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, West Virginia, and Wisconsin.
Continuing Education Requirement: Yes, six hours every two years.
Bonding/ Insurance: $50 to Recovery Fund
State Association: http://www.tnauctioneers.com
In 2004 the Tennessee Auctioneers Commission determined that persons and/or companies that were selling on electronic auctions for someone else did fall under the Tennessee Code Annotated for a “Gallery License” designation.
Tennessee Law: http://www.state.tn.us/commerce/boards/auction/req_license.html
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Texas
Texas Department of Licensing & Regulation
Number of Licensed Auctioneers:
Need Auctioneer License. Eligibility for Auctioneer’s License
(a) An individual is eligible for an auctioneer’s license if the individual:
(1) is at least 18 years of age;
(2) is a citizen of the United States or a legal alien
(3) passes a written or oral examination demonstrating knowledge of the auction business and of the laws of this state relating to the auction business;
(4) holds a high school diploma or a high school equivalency certificate;
(5) has not been convicted of a felony during the five years preceding the date of application; and
(6) has completed at least 80 hours of classroom instruction at an auction school with a curriculum approved by the department in accordance with the standards and procedures established by rule adopted under this chapter.
Online Auctions: On May 26, 2013, the Texas Senate passed HB3038 requiring all types of auctions (online, silent, live, etc.) to be conducted by a licensed auctioneer — signed by the Governor July 14, 2013. Texas State Law recently repealed the license requirement for online auctions; however auctioneers accepting consignment must be bonded. The Texas Department of Licensing and Regulation would not consider someone conducting an online auction to need a license from this agency, since it is not “bid calling.” The definition of “auctioneer” pursuant to Chapter 1802.001(5) Texas Occupations Code (Auctioneer Law) includes that he or she act as a “bid caller.” Online auctions do not have an auctioneer as a “bid caller.”
Reciprocity:Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Louisiana, Mississippi, North Carolina, Ohio, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin.
Continuing Education Requirement: 6 hours annually; two hours of which must be on the laws and rules that regulate auctioneers in Texas.
Bonding/ Insurance: $50 to Recovery Fund
Statistical Information
Internet Auction Complaints: 31complaints in 2007; 100 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.texasauctioneers.org/
Texas Law:
http://www.license.state.tx.us/auc/auction.htm
https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1801.htm
History:
House Bill 2481 (effective September 1, 2015) – The Frequently Asked Questions below have been updated to reflect the changes to Chapter 1802, Texas Occupations Code (Auctioneers Law), as a result of the 84th Texas Legislature enacting House Bill 2481 (HB 2481). These changes are significant and took effect on September 1, 2015. HB 2481 made the Auctioneer Program look much like it did just prior to June 14, 2013. Some of the most significant changes to the law include: reinstating the Associate Auctioneer Program as a path to gain auction experience that can be used in lieu of taking an examination to become a licensed auctioneer, clarifying that an auctioneer license is only needed to conduct live bid auctions, removing reference to regulating auctions over the Internet, and renaming the Auctioneer Education Advisory Board to the Auctioneer Advisory Board to reflect the wider range of advice provided by the Board to TDLR and the Texas Commission of Licensing and Regulation.
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Utah
Utah Division of Consumer Protection
Number of Licensed Auctioneers:
No State License. All businesses must obtain a business license from the local city or county in which the business is being conducted.
Online Auctions: No license is required.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.utahauctioneer.org/
Utah Law: http://attorneygeneral.utah.gov/
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Vermont
Vermont Office of Professional Regulation
Number of Licensed Auctioneers:
License Required – An application and fee must be submitted. Also one needs to have either (1) completed a course of instruction at an auctioneering school approved by the Director with course requirements consisting of at least 40 clock hours; or (2) completed an apprenticeship of at least 250 hours of experience obtained within one calendar year which includes active participation in at least six auctions, including bid calling, under the direction and supervision of an auctioneer licensed and in good standing with this State or the state in which he or she is licensed and who has been in practice a minimum of three years.
Fees:Application $100.
Online Auctions: State does not regulate online auctions.
Reciprocity: N/A
Continuing Education Requirement: No
Bonding/ Insurance: No
State Association:
Auctioneers in the state of Vermont are governed by the “advisor” model of regulation, created by the legislature. Two licensed members of the profession are appointed by the secretary of state to advise the director of the Office of Professional Regulation (OPR) on matters relating to the profession. Their mission is public protection. The director and the advisors carry out this mission by: ensuring that applicants are qualified for licensure; setting standards for the profession by proposing statutes and adopting administrative rules; and, with the assistance of OPR staff, investigating complaints of unprofessional conduct, taking disciplinary action against a licensee when necessary to protect the public.
Vermont Law: https://legislature.vermont.gov/statutes/chapter/26/089
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Virginia
Department of Professional and Occupational Regulation; Virginia Auctioneers Board
Number of Licensed Auctioneers:
Individuals and Auction Firms must have licenses. Any auctioneer desiring to obtain a license may apply to the Board and shall establish to the satisfaction of the Board that he:
1. Is a resident of Virginia and meets the application fee requirements set by the Board;
2. Is covered by a surety bond, executed by a surety company authorized to do business in this Commonwealth, in a reasonable amount to be fixed by the Board, conditioned upon the faithful and honest conduct of his business or employment;
3. Has successfully completed a course of study at a school of auctioneering which has obtained course approval from the Board or an equivalent course; and
4. Has passed the Virginia Licensed Auctioneer’s Examination, administered by the Auctioneers Board.
A nonresident of the Commonwealth may be licensed as an auctioneer by meeting one of the following requirements: (i) conform to the provisions of this chapter and regulations of the Board with reference to resident auctioneers or (ii) hold a valid auctioneer’s license or certificate in another state with which reciprocity has been established by the Board. Nonresident applicants shall also file with the Board an irrevocable consent that service of process upon the Director is as valid and binding as service of process upon the applicant.
Fees: Exam $40, License $25, Renewal $55.
Online Auctions: Virginia does not regulate online auctions.
Reciprocity:Alabama, Florida, Georgia, Indiana, Kentucky, Louisiana, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, and West Virginia.
Continuing Education Requirement: Six (6) hours of continuing education is required for renewal or reinstatement of a license.
Bonding/ Insurance: $10,000
State Association: http://www.vaa.org/
Virginia Law:
http://www.dpor.virginia.gov/Boards/Auctioneers/
https://law.lis.virginia.gov/vacode/title54.1/chapter6/
http://www.dpor.virginia.gov/uploadedFiles/MainSite/Content/Boards/Auctioneers/29REGS_10-01-09.pdf
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Washington
Washington Department of Licensing
Number of Licensed Auctioneers:
A company license would be required when the items/property and/or company is located in the state of Washington. A licensed auctioneer can call bids for cars and other motor vehicles. The paperwork for releasing the title to the vehicle must be completed by someone with a dealer’s license. A licensed auctioneer can call bids for real estate. However, you or an associate must be licensed to perform the activities regulated under Washington Real Estate Licensing Law, including earnest money, contracts, and marketing.
Fees:License and renewal are $155
Online Auctions: Individuals routinely making retail sales through online auctions or marketplaces are considered engaging in business and are required to register with the Department of Revenue and collect retail sales tax on sales to Washington customers.
Reciprocity: N/A
Continuing Education Requirement: No
Bonding/ Insurance: $5,000
Statistical Information
Internet Auction Complaints: 316 complaints in 2007; 319 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.washingtonauctioneers.org/
Washington Law:
http://www.dol.wa.gov/business/auctioneers/
https://app.leg.wa.gov/RCW/default.aspx?cite=18.11
https://app.leg.wa.gov/WAC/default.aspx?cite=308-11
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West Virginia
State of West Virginia Department of Agriculture; Auctioneer Program
Number of Licensed Auctioneers:
License:
A State Auctioneer License is required to conduct an auction in West Virginia. After the thirtieth day of June, one thousand nine hundred seventy-four, no person shall conduct an auction as an auctioneer in this state unless he shall have first obtained from the commissioner a license therefore. To receive the license, one must pay a fee, file an application with the State, be bonded, completed an apprenticeship for two years/school and 6 months of apprenticeship, and pass an Auctioneer exam. After receiving the license, annual dues must be paid in order to keep the license.
Fees:
Exam $50, License/Application $100, Renewal $50.
Online Auctions:
According to the West Virginia Attorney General, the State Auctioneer License is not necessary if conducting online auctions.
Reciprocity:
Alabama, Florida, Georgia, Indiana, Kentucky, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas and Virginia. Any out-of-state resident who holds a valid auctioneer’s license in a reciprocal state may be granted a West Virginia license. Provided, that the resident state in which he or she is licensed provides similar recognition to a licensee of this State, and that the licensing requirements of the resident state are at least equal to those of the State of West Virginia. The Commissioner shall annually issue a list of states with whom reciprocity has been formally approved.
Continuing Education Requirement:
6.3. An auctioneer shall complete six (6) hours of continuing education each calendar year in order to qualify to renew his or her license for the next year.
6.3.1. Only classes taught by course providers approved by the Commissioner or his or her designee qualify for credit.
6.3.2. At least three (3) hours of the required six (6) hours of class shall be from core subjects. Core subjects are: a. West Virginia statutes and rules governing auctioneering; b. Federal statutes and rules governing auctioneering; c. Auctioneering ethics; d. Escrow, trust and custodial accounts; e. Advertising; f. Contracts; and g. other subjects approved by the Commissioner.
6.3.3. At least three (3) hours of the required six (6) hours of class may be from elective subjects. Elective subjects are: a. Real estate law; b. Auction management; c. Bid calling; d. Public speaking; e. Business law; and f. Other subjects approved by the Commissioner.
Bonding/ Insurance:
4.1. The amount of bond required is five thousand dollars ($5,000) for an apprentice auctioneer and ten thousand dollars ($10,000) for an auctioneer. Corporate surety bonds shall be on forms provided by the Commissioner.
4.2. All corporate surety bonds shall be executed by a company authorized to do business in the State of West Virginia as determined by the Secretary of State.
4.3. An apprentice auctioneer applicant is not required to have a bond in place prior to testing; however, they shall submit a properly executed bond to West Virginia Department of Agriculture before the Department will issue the license
State Association:
http://www.wvaa.org/
West Virginia Law:
https://agriculture.wv.gov/divisions/executive/Documents/2017%20Auctioneers%20Directory.pdf
http://www.wvlegislature.gov/WVCODe/ChapterEntire.cfm?chap=19&art=2C
History:
06/01/15 – WV Code of State Rules, Title 61, Series 11B – Auctioneers• The auctioneer is required to retain a copy of receipts for his or her records for a minimum of three (3) years. §61-11B-7• Increase of late fees: A license expires December 31 of each year and must be renewed within 60 days of expiration. Renewals received more than 60 days after the expiration date are subject to a late fee of $25.00; renewals received more than 120 days after the expiration date are subject to a late fee of $50.00; and renewals received more than 180 days after the expiration date are subject to a late fee of $75.00. §61-11B-16• A member of the military on active duty is exempt from renewal late fees upon submission of proof of service with renewal application. §61-11B-16
06/08/14 – WV Code, Chapter 19, Article 2C – Auctioneers• Addition of the term and description of an “escrow account.” §19-2C-1(d), §19-2C-9a• Complete and accurate records of all transactions must be kept for a period of three years §19-2C-5(b)2; the term “record” defined. §19-2C-5(c), §19-2C-9b(4)• Apprentice auctioneers are limited to being licensed for no more than three years without applying for an auctioneer license. Should the three year limit lapse, the apprentice is required to retake the apprentice examination and meet all the requirements of this article. §19-2C-6(f)• An auctioneer’s sponsorship will be terminated if the apprentice auctioneer fails to pass both the written and oral examinations to become an auctioneer in two consecutive testing sessions. The apprentice auctioneer will be permitted one additional opportunity to pass the oral and written auctioneer examination only after serving another six month apprenticeship under a different sponsoring auctioneer. §19-2C-6b(c)• Requirements of a sponsoring auctioneer to sponsor again after relief of sponsorship. §19-2C-6b(d)
05/23/14 – WV Code of State Rules, Title 61, Series 11B – Auctioneers• Apprentice auctioneers are required to complete three (3) hours of continuing education each calendar year in order to qualify to renew his or her license for the next year. §61-11B-6• To be a sponsoring auctioneer, the auctioneer must have held an auctioneer’s license for at least two (2) consecutive years and can sponsor no more than two (2) apprentice auctioneers at any time. §61-11B-12• If an apprentice auctioneer conducts an auction without the sponsoring auctioneer’s consent, only the apprentice auctioneer is subject to penalties set forth in this article. §19-2C-6b(e)• Increased criminal penalties §19-2C-8(a)• Addition of information that must be included in a written contract. §19-2C-9(b)9• Technical clean-up that does not change the meaning of the rule.
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Wisconsin
Wisconsin Department of Regulation and Licensing
Number of Licensed Auctioneers:
A State License is required for both Auctioneers and Auction Companies. Auctioneer registration – The department shall register as an auctioneer an individual who is at least 18 years old and does all of the following:
- (a) Submits an application for registration as an auctioneer to the department on a form provided by the department.
- (b) Pays the fee specified in s. 440.05 (1).
- (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
- (d) Submits evidence satisfactory to the department that he or she holds a current permit issued under s. 77.52 (9).
- (e) Passes an examination conducted by the department to determine fitness as an auctioneer. (3) Auction company registration. The department shall register as an auction company a person who is not registered as an auctioneer under this chapter and does all of the following:
(a) Submits an application for registration as an auction company to the department on a form provided by the department.
(b) Pays the initial credential fee determined by the department under s. 440.03 (9) (a).
(c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that the person does not have an arrest or conviction record and, if the person is a partnership, association or corporation, that no partner of the partnership, officer or director of the association or officer or director of the corporation has an arrest or conviction record.
(d) Submits evidence satisfactory to the department that the person holds a current permit issued under s. 77.52 (9).
Fees: Exam & License $201, Renewal $170
Online Auctions: State does not regulate online auctions at this time.
Reciprocity: Arkansas, Illinois, Kentucky, North Carolina, Ohio, Tennessee, and Texas.
Continuing Education Requirement: Licensees must complete 12 hours of continuing education (3 hours in Wisconsin laws relating to auctioneer ethical and professional conduct, and 9 hours in topics pertinent to the practice of auctioneering that shall be approved by the department biennially) in each two-year renewal cycle (biennium) by December 14 of the second year of the biennium. Education must be obtained from approved schools, must be the specific courses that are approved for that biennium and must include an exam that is passed. Continuing education courses from other states do not satisfy Wisconsin’s requirements unless approved in Wisconsin. Test-Out option available in lieu of continuing education.
Bonding/ Insurance:
Statistical Information
Internet Auction Complaints: 304 complaints in 2007; 313 complaints in 2006
(Source: Online Consumer Risk and the Role of State Attorneys General)
State Association: http://www.wisconsinauctioneers.org/
Wisconsin Law: https://dsps.wi.gov/Pages/RulesStatutes/Auctioneers.aspx
https://docs.legis.wisconsin.gov/statutes/statutes/480
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Wyoming
Wyoming Consumer Protection Unit
Number of Licensed Auctioneers: N/A
No Auctioneer License required. Some Cities will require an Auctioneer Business License to be filed with the City, pay a fee, and be bonded before conducting the auction. Cheyenne is one of these cities.
Online Auctions: State is only regulating online auctions pertaining to real estate sales at this time.
Reciprocity:
Continuing Education Requirement:
Bonding/ Insurance:
State Association: http://www.wyoauctioneers.org/
Wyoming Law: http://attorneygeneral.state.wy.us/