Title 34 — Title 34

This chapter shall be known and may be cited as the Auctioneers License Act. History: (Acts 1973, No. 811, p. 1236, §1.)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section: (1) AUCTIONEER. Any person who has graduated from an accredited auction school and has one year’s experience as an apprentice auctioneer or has two yea…

It shall be unlawful for any person, partnership, association, or corporation in any county of this state to act as an auctioneer or apprentice auctioneer, or directly or indirectly to engage or assume to engage in the auction business and act as either without first obtaining a …

Single Auction License; Continuing Education; Discharge of Apprentice; Change of Address; Inactive Status. (a) Any person desiring to enter into the auction business and obtain a license as an auctioneer or apprentice auctioneer shall make written application for a license to the…

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-438 EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1973, No. 811, p. 1236, §12.)

The issuance of a license by the board shall be evidence that the person or business entity named therein is entitled to all the rights and privileges of an auctioneer or apprentice auctioneer while the license remains unrevoked or unexpired. History: (Acts 1973, No. 811, p. 1236…

Each application for an auctioneer’s or apprentice auctioneer’s license shall be accompanied by a bond in the amount of $10,000. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The b…

(a) An individual may become an auctioneer or apprentice auctioneer in this state by conforming to this chapter. If an auctioneer or apprentice auctioneer has a lawsuit or other legal action filed and pending against him or her in this or any other state, the board may not issue …

Each licensee must have a definite mailing address such as street name and number or RFD number. A post office box only will not be sufficient. History: (Acts 1973, No. 811, p. 1236, §19.)

Each auctioneer shall annually pay one state license in an amount not to exceed two hundred fifty dollars ($250). Each auctioneer shall also annually pay a county license fee of twenty-five dollars ($25) in each county where he or she sells by auction. No privilege license shall …

(a) Authority to transact business as an auctioneer under any license issued by the board shall be restricted to the person named in the license and may not inure to the benefit of any other person. (b) Where an auctioneer’s license shall be issued to an auction company that is d…

(a) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person containing evidence, documentary or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer, apprentice auctioneer, or any person who assumes to…

The provisions of this chapter and the terms “auctioneer,” “apprentice auctioneer,” “auction business or business of auctioneering,” as defined in Section 34-4-2, shall not apply to and shall not include any person acting as a receiver, trustee in bankruptcy, guardian, administra…

(a) The board may administer oaths and prescribe all necessary and reasonable rules for the conduct of a hearing. The board may take testimony of any person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure of courts o…

Action. Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the part of any licensee engaging in the auction business, as herein described, shall file an action upon the claim against the licensee…

The revocation of an auctioneer’s license shall automatically suspend every apprentice auctioneer’s license granted to any person by virtue of his or her employment by the auctioneer whose license has been revoked. The apprentice auctioneer may retain his or her license by transf…

(a) Findings of the board with regard to the denial, suspension, or revocation of a license or the imposition of any penalty or administrative fine shall be final unless within 30 days after the date of the final order of the board, the applicant or licensee files a notice of app…

The Board of Auctioneers is hereby authorized and empowered to adopt, fix, and establish all rules and regulations necessary for the proper administration and enforcement of this chapter. History: (Acts 1973, No. 811, p. 1236, §7.)

No person engaged in the business of or acting in the capacity of an auctioneer or an apprentice auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or apprentice auctioneer witho…

Records. (a) The Governor shall appoint a State Board of Auctioneers to be comprised of seven auctioneer members and one consumer member. All appointments shall be for a term of five years, with each auctioneer member appointed being a resident of a different congressional distri…

Complaints. Each member of the board shall receive a certificate of appointment from the Governor before entering upon the discharge of the duties of his or her office. The board, or any committee thereof, shall be entitled to the services of the state Attorney General, in connec…

The board shall meet quarterly for the purpose of transacting business as may properly come before the board. Special meetings of the board shall be held at such times as the board may provide in the bylaws the board may adopt. A majority of the then appointed board members shall…

Members of the board shall each receive compensation in an amount of three hundred dollars ($300) per day and travel allowance as is paid to state employees for each day spent on work made necessary by this chapter. History: (Acts 1973, No. 811, p. 1236, §9; Acts 1988, No. 88-138…

The executive director of the board shall keep a record of the proceedings of the board. The board shall deposit all the funds received and credited by the board into the State Treasury into an account hereby established to be known as the “Alabama State Board of Auctioneers Fund…

No political subdivision of this state shall have the power or authority after September 5, 1973, to levy or collect any license tax from or to require the licensing in any manner of any auctioneer who has been licensed and bonded under this chapter in lieu of the license tax or …

(a) Any person violating this chapter, shall, upon conviction, be guilty of a Class A misdemeanor, subject to a fine or imprisonment, or both. (b) Any person, having previously been convicted for violating this chapter, who subsequently violates this chapter, shall, upon convicti…