Arkansas Administrative Code

17 CAR § 240-1502. Penalty in lieu. Whenever the Auctioneer’s Licensing Board finds that the holder of a license issued by it is guilty of a violation of this part or the laws of the State of Arkansas, it shall have the power and authority to impose a penalty on the licensee in l…

17 CAR § 240-1503. Suspension of license pending payment of penalty. Upon imposition of a penalty in lieu of suspension or revocation, the Auctioneer’s Licensing Board may require that the license be suspended until the penalty is paid.

17 CAR § 240-1504. Civil action by the board. If any person upon whom the Auctioneer’s Licensing Board has levied a civil penalty fails to pay the civil penalty within thirty (30) days of the board’s decision to impose the penalty, the amount of the fine shall be considered to be…

17 CAR § 240-1505. Penalty for unlicensed person. The Auctioneer’s Licensing Board may impose a civil penalty against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure pursuant to the provisions in this part.

17 CAR § 240-1506. Additional hours of continuing education may be required. The Auctioneer’s Licensing Board shall have the authority to require additional continuing education hours for an auctioneer or auction house owner found in violation of the auctioneer law or this part.…

17 CAR § 240-1507. Voluntary surrender of license. The licensee, in lieu of formal disciplinary proceedings, may offer to surrender his or her license, subject to the Auctioneer’s Licensing Board’s determination to accept the proffered surrender, rather than conducting a formal d…

17 CAR § 240-1508. Relicensure of a revoked or surrendered license. (a)(1)(A) No individual who has had his or her license revoked or who has surrendered his or her license will be licensed, except on petition made to the Auctioneer’s Licensing Board. (B) The application for reli…

17 CAR § 240-1601. Requirements to provide information to the board. Every person licensed under the provisions of the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq., shall upon request make available to the Auctioneer’s Licensing Board or its duly authorized repre…

17 CAR § 240-1602. Severability. This part being for the regulation of the business of auctioneers and the protection of the public, the provisions hereby are declared to be severable and the invalidity of any rule, clause, sentence, paragraph, or section hereof shall not affect …

17 CAR § 240-201. Description of organization. (a) The officers of the Auctioneer’s Licensing Board shall be a chair and vice-chair. (b)(1) The board shall elect officers from its membership at its first regular meeting of the year, and each officer shall serve for a term of one …

17 CAR § 240-202. Meetings of the board. (a) Regular meetings of the Auctioneer’s Licensing Board shall be held at least four (4) times each year at a time and place determined by the board. (b) Other meetings of the board shall be called by the chair or upon the written request …

17 CAR § 240-203. Quorum. (a) Four (4) members of the Auctioneer’s Licensing Board shall constitute a quorum for the transaction of business. (b) All official action of the board must be approved by the majority vote of the members present.

17 CAR § 240-204. Agenda. (a) The director will prepare the agenda for regular and special meetings. (b) The agenda will be distributed to the Auctioneer’s Licensing Board members and made available to the public in advance of the meeting. (c)(1) The agenda should state with spec…

17 CAR § 240-205. Amendment to rules. (a) This part may be amended at any regular or special meeting of the Auctioneer’s Licensing Board, provided such proposed amendments have been submitted to all members of the board at least ten (10) days prior to the meeting at which the ame…

17 CAR § 240-206. Fiscal year of the board. The fiscal year of the Auctioneer’s Licensing Board shall be from July 1 to June 30.

17 CAR § 240-207. List of licensees. (a) The Auctioneer’s Licensing Board shall annually prepare a list of the names and addresses of all auctioneers licensed by it. (b) This list shall contain the names of all persons whose licenses have been suspended or revoked within the prec…

17 CAR § 240-208. Financial affairs. The current rules of the Department of Finance and Administration shall be followed in the financial affairs of the Auctioneer’s Licensing Board.

17 CAR § 240-209. Compensation. The Auctioneer’s Licensing Board members shall be compensated pursuant to Arkansas Code § 25-16-901 et seq.

17 CAR § 240-301. General authority. (a) The Auctioneer’s Licensing Board has been authorized by the General Assembly to promulgate rules, see Arkansas Code § 17-17-207. (b) The board follows the procedural requirement of the Arkansas Administrative Procedure Act, Arkansas Code §…

17 CAR § 240-302. Emergency rulemaking — Request. (a) The proponent of a rule may request the Auctioneer’s Licensing Board to adopt an emergency rule. (b) In addition to the text of the proposed rule or amendment to an existing rule and any other information required by the Arkan…

17 CAR § 240-303. Emergency rulemaking — Action upon receipt of request. (a) Upon receipt of the written statement requesting emergency rulemaking and documents or other evidence submitted in support of the assertion that an emergency exists, the Auctioneer’s Licensing Board will…

17 CAR § 240-304. Effective date of emergency rule. (a) The emergency rule will be effective immediately upon filing, or at a stated time less than ten (10) days thereafter, if the Auctioneer’s Licensing Board finds that this effective date is necessary because of imminent peril …

17 CAR § 240-401. Purpose and use. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Auctioneer’s Licensing Board has authority. (b) A petition for a…

17 CAR § 240-402. Petition. The process to obtain a declaratory order is begun by filing with the Auctioneer’s Licensing Board a petition that provides the following information: (1) A caption that shall read: “Petition for Declaratory Order Before the Arkansas Auctioneer’s Licen…

17 CAR § 240-403. Disposition. (a)(1) The Auctioneer’s Licensing Board may hold a hearing to consider a petition for a declaratory statement. (2) If a hearing is held, it shall be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213 and the board’s rules for an a…

17 CAR § 240-501. License required. On and after July 1, 1989, it shall be unlawful for any person to act as an auctioneer or to advertise or to assume to act as an auctioneer within this state without a license issued by the Auctioneer’s Licensing Board.

17 CAR § 240-502. License not required. (a) Auctioning own goods. (1) An individual is not required to be a licensed auctioneer to auction his or her own goods. (2) When one is auctioning his or her own goods without a license, that person must have a legal interest in all mercha…

17 CAR § 240-503. Written contract. (a) Written contract required. (1) Any agreement to provide auctioneer services shall be reflected in a written contract. (2) A contract may be a simple written agreement but shall include the following: (A) Date of agreement; (B) Specific date…

17 CAR § 240-504. Advertising. (a) Absolute auction. (1) Any auction which is to be an absolute auction shall be listed as such in advertisements for that auction. (2) If an auction is advertised as absolute, all high bids must be accepted and ownership transferred. (b) License n…

17 CAR § 240-505. Auctions — Required procedures — Standards for auction. (a) Board-authorized to attend auctions. Auctioneer’s Licensing Board members or employees shall have the authority to attend any auction for the purpose of checking records of an auction and for any other …

17 CAR § 240-506. Maintaining records of auction. All auctioneers or auction house owners shall maintain records of the auctions for a period of three (3) years.

17 CAR § 240-507. Escrow accounts. (a) Funds in a separate account. (1) An auctioneer/auction house owner shall be required to place any funds belonging to someone else in an account separate from his or her personal or business account. (2) This separate account is called an “es…

17 CAR § 240-601. Payment to recovery fund. (a) Each auctioneer shall pay to the Auctioneer’s Licensing Board, at the time of initial licensure and at each annual renewal, a recovery fund fee of one hundred dollars ($100), in addition to all other fees assessed. (b)(1) Payment of…

17 CAR § 240-602. Payment of damages. Damages from the Auctioneer Education and Recovery Fund may be paid upon request only if, after ordering a licensee to pay a specified amount to an aggrieved person or persons, the licensee fails to do so within thirty (30) calendar days and …

17 CAR § 240-603. Requirements for payment. In order to receive payment from the Auctioneer Education and Recovery Fund, an aggrieved party must submit a request for payment, which request must contain: (1) Amount requested to be paid; (2) Name and address of payee; (3) Complaint…

17 CAR § 240-604. Board may award only compensatory damages. (a) The Auctioneer’s Licensing Board’s jurisdiction and authority to award damages to an aggrieved party from the Auctioneer Education and Recovery Fund is limited to actual, compensatory damages. (b) The board shall no…

17 CAR § 240-605. Award limitation. The Auctioneer’s Licensing Board shall not pay in excess of fifteen thousand dollars ($15,000) for: (1) Any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in the violation or continu…

17 CAR § 240-606. Discretion of the board. It shall be a matter solely within the discretion and judgment of the Auctioneer’s Licensing Board whether certain violations constitute a continuing series of violations or a group of related claims.

17 CAR § 240-701. General. All Auctioneer’s Licensing Board action regarding licensure shall be governed by the Auctioneer’s Licensing Act, Arkansas Code § 17-17-101 et seq. and, when applicable, Arkansas Code §§ 25-15-208 – 25-15-213.

17 CAR § 240-702. Requirement to keep current address on file. (a) All auctioneers or auction house owners holding a license issued by the Auctioneer’s Licensing Board are required to provide the board with written notice of any change in business address, primary mailing address…

17 CAR § 240-703. Prelicensure criminal background check. (a)(1) Pursuant to Arkansas Code § 17-3-103, an individual may petition for a prelicensure determination of whether the individual’s criminal record will disqualify the individual from licensure and whether a waiver may be…

17 CAR § 240-704. Applicant qualifications. (a) Each applicant for a license shall make application to the Auctioneer’s Licensing Board upon a form and in such a manner as the board may require at least thirty (30) days prior to the date of examination. (b) Each applicant shall: …

17 CAR § 240-705. Exam requirements for licensing. (a) In addition to providing a completed application and fees required by 17 CAR § 240-704, applicants must pass separate written and oral examinations. (b) An applicant for an unrestricted auctioneer license must pass each exam …

17 CAR § 240-706. Auctioneer license types. (a) An unrestricted auctioneer’s license authorizes the licensee to conduct in-person or online auctions and estate sales. (b)(1) A restricted auctioneer’s license only authorizes the licensee to conduct online auctions and estate sales…

17 CAR § 240-707. Auction house license. (a) An auction house license shall be issued in the name of one (1) person only. (b) An auction house license does not authorize the named individual to “call” an auction. (c) Continuing education hours for out-of-state corporations owning…

17 CAR § 240-708. Nonresident applicants. Every nonresident applicant shall file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in the State of Arkansas in addition to all requirements listed in this subpart.…

17 CAR § 240-709. Review of application. (a) The application and supporting documentation will be reviewed by the director. (b)(1) If it is determined that the application is incomplete, the director will inform the applicant in writing and will specify why the application is inc…

17 CAR § 240-710. Duration of application. (a) Applications are active for twelve (12) calendar months from the date the application is received in the Auctioneer’s Licensing Board office. (b)(1) If the application process is not completed and the license issued in the twelve (12…

17 CAR § 240-711. Record retention. Applications for licensure and supporting documentation will be maintained by the Auctioneer’s Licensing Board office for a period of three (3) years.

17 CAR § 240-712. Written examination for licensure. The Auctioneer’s Licensing Board shall establish the contents of the examinations for licensure and shall conduct an examination of applicants for licensure at least four (4) times each year at a time and place specified by the…