Arkansas Administrative Code

17 CAR § 240-101. Request for information. (a) The Auctioneer’s Licensing Board makes available a list of persons holding certain responsibilities for handling FOIA requests, licensing questions, and complaints against licensees so that the public may obtain information about the…

17 CAR § 240-102. Official forms, policies, orders, and memoranda. The Auctioneer’s Licensing Board maintains a list of official forms used by the board and a list of all formal, written statements of policy and written interpretative memoranda, and orders, decisions, and opinion…

17 CAR § 240-103. Copies. Copies of all forms used by the Auctioneer’s Licensing Board, written statements of policy and written interpretive memoranda, and all orders issued by the board, excluding materials related to written and practical testing, may be obtained from the boar…

17 CAR § 240-1101. Continuing education requirements generally. (a) As a prerequisite to renewal of an auctioneer license, the licensee shall satisfactorily complete six (6) hours of continuing education from an auctioneer continuing education course approved by the Auctioneer’s …

17 CAR § 240-1102. Verification of continuing education hours. (a) The Auctioneer’s Licensing Board may verify any information concerning continuing education that is submitted by the licensee as evidence supporting the course information. (b)(1) The board may require an applican…

17 CAR § 240-1103. Evidence to support courses taken. (a)(1) It is the responsibility of each licensee to retain evidence to support the courses taken for a period of twelve (12) months after the end of the renewal period for which the renewal application is submitted to the Auct…

17 CAR § 240-1104. Application for continuing education course sponsor. (a) Any request for the Auctioneer’s Licensing Board’s approval of an auctioneer continuing education course sponsor shall be by written application on a form provided by the board. (b) Applicants for continu…

17 CAR § 240-1105. Course curriculum approval required. (a) All sponsors must submit a request for approval of speakers and an agenda to the Auctioneer’s Licensing Board for approval. (b) The curriculum should include at least one (1) hour of law. (c) A minimum total of six (6) h…

17 CAR § 240-1106. Course sponsor approval dates. Sponsors of auctioneer continuing education courses shall be considered approved as of the date of approval by the Auctioneer’s Licensing Board, and therefore courses predating the approval date do not qualify.

17 CAR § 240-1107. Course outline. (a) A course outline shall be prepared and distributed to the attendees. (b) The outline shall state the number of continuing education hours offered.

17 CAR § 240-1108. Course records. (a) An approved auctioneer continuing education course sponsor must retain records of students who complete the course for a minimum of two (2) years. (b) These records must include attendance records for all courses showing: (1) Date; (2) Place…

17 CAR § 240-1109. Approved auctioneer continuing education sponsor — Certificate requirements. Upon completion of a continuing education course, the approved auctioneer continuing education sponsor shall provide all attendees a course completion certificate that must include the…

17 CAR § 240-1110. Instructor requirements. Each instructor used by an approved auctioneer continuing education sponsor must have a minimum of two (2) years’ experience in the field in which that instructor is to teach.

17 CAR § 240-1111. Instructors — Prohibitions. An auctioneer continuing education sponsor is prohibited from hiring, or retaining in its employ, an instructor who has: (1) Had an auctioneer, auction company, or auction house license revoked or suspended by any jurisdiction; (2) O…

17 CAR § 240-1112. Monitoring continuing education services. (a) Continuing education courses offered by an approved course sponsor may be monitored by the Auctioneer’s Licensing Board to ensure that participants are physically present for the duration of the course. (b) In order…

17 CAR § 240-1113. Information must be verified. (a) The Auctioneer’s Licensing Board may request: (1) Verification of any information submitted by the licensee; and (2) The licensee to submit evidence supporting the course credit claimed. (b) Failure to do so shall subject a lic…

17 CAR § 240-1114. Failure to meet continuing education provisions. A licensee who does not obtain the required number of continuing education hours during a one-year licensure period may cure that deficiency by taking them prior to renewal whereby all penalties and fees will be …

17 CAR § 240-1115. Board review of continuing education compliance. If, as the result of an audit or other review, the Auctioneer’s Licensing Board determines that the continuing education hours a licensee has claimed do not meet the requirements of Arkansas Code § 17-17-311 and …

17 CAR § 240-1116. Licensee may submit reasons for failure to comply. A licensee, who has been notified under 17 CAR § 240-1115 may within thirty (30) days submit information to the Auctioneer’s Licensing Board giving all the substantive reasons in support of the licensee’s posit…

17 CAR § 240-1117. Seminar attendance. Hours for continuing education may be obtained through attendance at seminars conducted by the following organizations: (1) National Auctioneers Association; (2) National Auctioneers Automobile Dealers Association; (3) Any state association …

17 CAR § 240-1118. Hours obtained by providing instructors. (a) In addition, a licensee may obtain continuing education hours by acting as an instructor at an accredited auction school. (b) In order to be credited for hours as an instructor, a licensee must provide to the Auction…

17 CAR § 240-1119. Reciprocal hours. The Auctioneer’s Licensing Board will accept through reciprocity any continuing education hours from such other reciprocal state whether such hours be less or more than our state requirement, provided such other state will accept Arkansas’s co…

17 CAR § 240-1201. Composition of the Complaint Committee. The Complaint Committee shall consist of the Chair of the Auctioneer’s Licensing Board and any other member appointed by the chair.

17 CAR § 240-1202. Procedure for initiation of complaint. (a) Initiation. (1) The formal investigation of a complaint against an auctioneer may be initiated when the complaint is in writing and filed with the Auctioneer’s Licensing Board. (2) The complaint must contain a brief st…

17 CAR § 240-1203. Procedure for investigation of complaint. (a) Notification of the respondent. Upon receipt of the complaint the Complaint Committee shall notify the auctioneer named in the complaint by certified or registered mail of the complaint and request a written respons…

17 CAR § 240-1204. Action by the board. (a)(1) A majority vote of the Auctioneer’s Licensing Board shall be required to support the recommendation of the Complaint Committee to dismiss a complaint. (2) If the board agrees with the determination of the Complaint Committee that the…

17 CAR § 240-1205. Disqualification. During a formal disciplinary hearing, any member of the Auctioneer’s Licensing Board, except the Chair of the Auctioneer’s Licensing Board, who served on the Complaint Committee, was involved in the investigation, or who initiated the complain…

17 CAR § 240-1206. Counter complaint. (a) The Auctioneer’s Licensing Board will not accept formal complaints from a respondent against a complainant during the course of an investigation of the initial complaint. (b) Counter charges will only be considered after the disposition o…

17 CAR § 240-1301. Scope. (a) This subpart applies in all administrative adjudications conducted by the Auctioneer’s Licensing Board. (b) This procedure is developed to provide a process by which the board formulates orders (for example, an order revoking a license to practice or…

17 CAR § 240-1302. Presiding officer. The Auctioneer’s Licensing Board shall preside at the hearing or may designate a hearing officer to preside at a hearing.

17 CAR § 240-1303. Appearances. (a) Any party appearing in any Auctioneer’s Licensing Board proceeding has the right, at his or her own expense, to be represented by counsel. (b) The respondent may appear on his or her own behalf. (c) Any attorney representing a party to an adjud…

17 CAR § 240-1304. Consolidation. If there are separate matters that involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings and wou…

17 CAR § 240-1305. Notice to interested parties. If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring …

17 CAR § 240-1306. Service of papers. Unless the presiding officer otherwise orders, every pleading and every other paper filed for the proceeding, except applications for witness subpoenas and the subpoenas, shall be served on each party or the party’s representative at the last…

17 CAR § 240-1307. Initiation and notice of hearing. (a) An administrative adjudication is initiated by the issuance by the Auctioneer’s Licensing Board of a notice of hearing. (b)(1) The notice of hearing will be sent to the respondent by United States mail, return receipt reque…

17 CAR § 240-1308. Motions. (a) All requests for relief will be by motion. (b) Motions must be in writing or made on the record during a hearing. (c) A motion must fully state the action requested and the grounds relied upon. (d)(1) The original written motion will be filed with …

17 CAR § 240-1309. Answer. A respondent may file an answer.

17 CAR § 240-1310. Discovery. (a) Upon written request, the Auctioneer’s Licensing Board will provide the information designated in Arkansas Code § 25-15-208(a)(3). (b) Such requests should be received by the board at least ten (10) days before the scheduled hearing.…

17 CAR § 240-1311. Continuances. (a) The Complaint Committee may grant a continuance of hearing for good cause shown. (b)(1) Requests for continuances will be made in writing. (2) The request must state the grounds to be considered and be made as soon as practicable and, except i…

17 CAR § 240-1312. Hearing procedures. (a) The presiding officer presides at the hearing and may rule on motions, require briefs, and issue such orders as will ensure the orderly conduct of the proceedings provided, however, any presiding officer other than the Auctioneer’s Licen…

17 CAR § 240-1313. Order of the proceedings. The presiding officer will conduct the hearing in the following manner: (1) The presiding officer will give an opening statement, briefly describing the nature of the proceedings; (2) The parties are to be given the opportunity to pres…

17 CAR § 240-1314. Evidence. (a) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law. (b)(1) Stipulation of facts is encouraged. (2) The Auctioneer’s Licen…

17 CAR § 240-1315. Default. If a party fails to appear or participate in an administrative adjudication after proper service of notice, the Auctioneer’s Licensing Board may proceed with the hearing and render a decision in the absence of the party.

17 CAR § 240-1316. Subpoenas. (a)(1) At the request of any party, the Auctioneer’s Licensing Board shall issue subpoenas for the attendance of witnesses at the hearing. (2) The requesting party shall specify whether the witness is also requested to bring documents and reasonably …

17 CAR § 240-1317. Recording the proceedings. (a) The responsibility to record the testimony heard at a hearing is borne by the Auctioneer’s Licensing Board. (b) Upon the filing of a petition for judicial review, the board will provide a verbatim transcript of testimony taken bef…

17 CAR § 240-1318. Factors to be considered in imposing sanctions. In addition to any other considerations permitted by the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., if applicable, the Auctioneer’s Licensing Board in imposing any sanction may consider the fol…

17 CAR § 240-1319. Final order. (a) The Auctioneer’s Licensing Board will serve on the respondent a written order that reflects the action taken by the board. (b)(1) The order will include a recitation of facts found based on testimony and other evidence presented and reasonable …

17 CAR § 240-1401. Violation of law or rules. The Auctioneer’s Licensing Board may impose a civil penalty or deny, suspend, refuse to renew, or revoke the license of any auctioneer or auction house owner for any of the following causes: (1) For providing false or fraudulent infor…

17 CAR § 240-1402. Sanctions for false information. A licensee who submits false information under this subpart shall be subject to the sanctions provided for under Arkansas Code § 17-17-308.

17 CAR § 240-1501. Sanctions. After due notice and hearing, a person found to have violated provisions of the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., or 17 CAR § 240-1401 et seq., may have any one (1) or more of the following sanctions imposed upon him or h…