Section .0200 ‑ Application For License

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 04 - auctioneers/subchapter b/21 ncac 04b .0201.html
Published: 2015

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SECTION .0200 ‑ APPLICATION FOR LICENSE

 

21 NCAC 04B .0201          APPLICATION FORMS

(a)  Auctioneer.  Each applicant for an auctioneer license

shall complete an application form provided by the Board.  This form shall be

submitted to the Executive Director and shall be accompanied by:

(1)           one passport-type photograph for

identification;

(2)           statements of the results of a local

criminal history records search by the clerk of superior court (or equivalent

official in other states) in each county where the applicant has resided and

maintained a business within the immediate preceding 60 months (five years);

(3)           the completed fingerprint cards provided by

the Board and the form signed by the applicant consenting to the check of the

criminal history and to the use of fingerprints and other identifying information;

(4)           a copy of the applicant's high school

diploma or proof of equivalency;

(5)           the proper fees, as required by 21 NCAC 04B

.0202;

(6)           documentation of required auctioneer

schooling or auctioneer experience, as follows:

(A)          Applicants who base their application upon their

successful completion of an approved school of auctioneering shall submit a

photostatic copy of their diploma or certificate of successful completion.  An

applicant shall have successfully completed this school within the five years

preceding the date of application or if the applicant has successfully

completed this school more than the five years preceding the date of his or her

application, shall submit documentation verifying the applicant's active lawful

participation in auctions within the two years preceding the date of

application.  The above referenced participation in auctions is defined as

"Auctioneering" as set forth in G.S. 85B-1(8).

(B)          Applicants who base their application upon their

successful completion of an apprenticeship shall submit a log which was

maintained and completed during the apprenticeship period which details the

exact hours and dates on which they obtained apprenticeship experience, with

each entry being verified and signed by their supervising auctioneer.  A

minimum of 100 hours of experience during the apprenticeship two-year period

shall be obtained.  Not less than 25 of the total hours accumulated must be

attributable to bid calling and not less than 50 hours shall be attributable to

working as a ring person, drafting and negotiating contracts, appraising

merchandise, advertising, clerking and cashiering, with not less than five

hours of accumulated experience documented for each category.  An apprentice

who applies for an auctioneer license under this Part shall submit his

application and supporting documentation and obtain a passing score on the

auctioneer exam prior to the expiration of his apprentice auctioneer license;

and

(7)           Non-resident applicants shall also submit a

properly completed "Designation of Agent for Service of Process Form"

with notarized signature and notarial seal affixed.

(b)  Non-Resident Reciprocal Auctioneer.  Each non-resident

applicant for auctioneer license, who applies for a North Carolina license

pursuant to G.S. 85B-5 shall complete an application form provided by the

Board.  This form shall be submitted to the Executive Director and shall be

accompanied by:

(1)           one passport-type photograph for

identification;

(2)           statements of the results of a local

criminal history records search by the clerk of superior court (or equivalent

official) in each county where the applicant has resided and maintained a

business within the immediate preceding 60 months (five years);

(3)           the completed fingerprint cards provided by

the Board and the form signed by the applicant consenting to the check of the

criminal history and to the use of fingerprints and other identifying information;

(4)           a copy of the applicant's high school

diploma or proof of equivalency;

(5)           the proper fees, as required by 21 NCAC 04B

.0202;

(6)           a statement of good standing from the

licensing board or Commission of each jurisdiction where the applicant holds an

auctioneer, apprentice auctioneer or auction firm license; and

(7)           a properly completed "Designation of

Agent for Service of Process Form" with notarized signature and notarial

seal affixed.

(c)  Apprentice Auctioneer.  Each applicant for an

apprentice auctioneer license shall complete an application form provided by

the Board.  This form shall be submitted to the Executive Director and shall be

accompanied by:

(1)           one passport-type photograph for

identification;

(2)           statements of the results of a local

criminal history records search by the clerk of superior court (or equivalent

official) in each county where the applicant has resided and maintained a

business within the immediate preceding 60 months (five years);

(3)           the completed fingerprint cards provided by

the Board and the form signed by the applicant consenting to the check of the

criminal history and to the use of fingerprints and other identifying information;

(4)           a copy of the applicant's high school

diploma or proof of equivalency;

(5)           the proper fees, as required by 21 NCAC 04B

.0202;

(6)           the signature, as designated on the

applicant form, of the licensed auctioneer who will be supervising the

apprentice auctioneer;

(7)           a written statement of the proposed

supervisor's background and experience in the auction profession to include the

number and types of auctions conducted or participated in annually; and

(8)           if applicant is a non-resident, a properly

completed "Designation of Agent for Service of Process Form" with

notarized signature and notarial seal affixed.

(d)  Auction Firms.  An applicant for an auction firm shall

be a principal within the firm.  Each applicant for an auction firm license

shall complete an application form provided by the Board.  This form shall be

submitted to the Executive Director and shall be accompanied by:

(1)           statements of the results of a local

criminal history records search by the clerk of superior court (or equivalent

official) in each county where any principal and designated person of the

auction firm has resided and maintained a business within the immediate

preceding 60 months (five years);

(2)           each of the principal's and designated

person's of the auction firm completed fingerprint cards provided by the Board

and the form signed by each consenting to the check of the criminal history and

to the use of fingerprints and other identifying information;

(3)           a copy of each principal's and designated

person's high school diploma or proof of equivalency;

(4)           the proper fees, as required by 21 NCAC 04B

.0202;

(5)           a certified copy of any applicable Articles

of Incorporation or Partnership Agreement;

(6)           a statement of good standing from the

licensing board or Commission of each jurisdiction where the applicant firm and

any principal and designated person of such firm holds an auctioneer license of

any type; and

(7)           if applicant firm is a non-resident, a

properly completed "Designation of Agent for Service of Process Form"

(one each for the auction firm and for each principal and designated person of

the firm) with notarized signature and notarial seal affixed and, if a

corporation, the corporate seal and corporate secretary's signature affixed.

 

History Note:        Authority G.S. 85B-1; 85B-3.1; 85B-4(d);

85B-5; 85B-3.2;

Eff. November 1, 1984;

Amended Eff. April 1, 1996; January 1, 1995; June 1,

1991;

Temporary Amendment Eff. January 1, 2000;

Amended Eff. May 1, 2006; April 1, 2001.