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La. Rev. Stat. § 37:3102 Short title
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§3102. Short title This Act shall be known as and may be cited as the "Auctioneers Licensing Law." Added by Acts 1983, No. 508, §5.
La. Rev. Stat. § 37:3103 Definitions of terms
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§3103. Definitions of terms A. As used in this Chapter, these terms shall have the definitions ascribed to them, unless the context indicates otherwise: (1) "Applicant" means any person applying for a license under this Chapter. (2) "Apprentice" means any person who is employed, …
La. Rev. Stat. § 37:3104 Exclusions
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§3104. Exclusions The provisions of this Chapter shall not apply to the following: (1) A sale conducted by order of any United States Court pursuant to Title 11 of the United States Code relating to bankruptcy. (2) A sale conducted by an employee of the United States or the state…
La. Rev. Stat. § 37:3105 Auction regulations generally
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§3105. Auction regulations generally A. No person, firm, auction house, or corporation, or combination thereof shall sell, dispose of, or offer for sale at public auction or cause or permit to be sold, disposed of, or offered for sale at any public auction any property of whatsoe…
La. Rev. Stat. § 37:3106 Rules and regulations adoption; procedure; oaths
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§3106. Rules and regulations adoption; procedure; oaths A. The board may make reasonable rules and regulations relating to the form and manner of filing applications for licenses; the issuance, denial, suspension, and revocation of licenses; and the conduct of hearings consistent…
La. Rev. Stat. § 37:3107 Complaints; penalties
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§3107. Complaints; penalties A. The board may upon its own initiative and shall upon the written complaint of any person investigate alleged violations of this Chapter by any licensed or unlicensed auctioneer, auction house, any applicant, or any apprentice auctioneer or applican…
La. Rev. Stat. § 37:3111 Board creation; qualification; domicile; term of office; confirmation; oath of office; compensation
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§3111. Board creation; qualification; domicile; term of office; confirmation; oath of office; compensation A. The Louisiana Auctioneers Licensing Board is hereby created as an agency of the state government in the office of the governor. No member of the board shall be held liabl…
La. Rev. Stat. § 37:3112 Powers, duties, authorities, and responsibilities; meeting, quorum
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§3112. Powers, duties, authorities, and responsibilities; meeting, quorum A. The board shall perform the following duties: (1) Examine each applicant desiring to be licensed as an auctioneer in the state of Louisiana. (2) Administer a written examination for licensing at least fo…
La. Rev. Stat. § 37:3113 Qualifications of applicants
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§3113. Qualifications of applicants A. The board shall base determination of satisfactory minimum qualifications for licensure as an auctioneer on whether the applicant: (1) Is of good moral character. (2) Is a citizen of the United States or a legal resident of the state of Loui…
La. Rev. Stat. § 37:3114 Examination; failure; passage; hearing; prior qualification
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§3114. Examination; failure; passage; hearing; prior qualification A. The board shall determine the scope, form, and content of the examinations for licensure which shall be written and shall include questions on Louisiana auction law and sound business practices. B. The board sh…
La. Rev. Stat. § 37:3115 Renewal of license, certificate; penalty
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§3115. Renewal of license, certificate; penalty A.(1) Each original license issued by the board shall be valid throughout this state from the date of issuance until the last day of December next succeeding the date upon which said license was issued unless the license shall have …
La. Rev. Stat. § 37:3116 Fees
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§3116. Fees A. Except as otherwise provided in Subsections B and C of this Section, the board may assess the following schedule of fees: (1) Application fee - $75.00 (2) Examination fee - $75.00 (3) Reexamination fee - $50.00 (4) Initial license fee for an auctioneer - $150.00 (5…
La. Rev. Stat. § 37:3117 Reciprocity; licensure without examination
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§3117. Reciprocity; licensure without examination A. A person holding a license to engage in auctions issued to him by a proper authority of a state, territory, or possession of the United States of America or the District of Columbia having licensing requirements comparable to L…
La. Rev. Stat. § 37:3118 Bond requirements
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§3118. Bond requirements A.(1) Each applicant for licensure as an auctioneer or apprentice auctioneer shall deliver to and deposit with the board at the time of application either the sum of ten thousand dollars in cash or a surety bond in the amount of ten thousand dollars. Each…
La. Rev. Stat. § 37:3120 Adoption of rules
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§3120. Adoption of rules The adoption of any rule or regulation, guideline, substantive procedure, or code of conduct shall be subject to the provisions of the Administrative Procedure Act. Added by Acts 1983, No. 508, §5.
La. Rev. Stat. § 37:3121 Causes for nonissuance, suspension, revocation, or restrictions; fines; reinstatement
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§3121. Causes for nonissuance, suspension, revocation, or restrictions; fines; reinstatement A. The board may refuse to issue or may suspend, revoke, or impose probationary or other restrictions on any license issued under this Chapter for any of the following causes: (1) Convict…
La. Rev. Stat. § 37:3122 Cease and desist order; injunctive relief
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§3122. Cease and desist order; injunctive relief A. In addition to or in lieu of the criminal penalties and administrative sanctions provided in this Chapter the board is empowered to issue an order to any person or firm engaged in any activity, conduct, or practice constituting …
La. Rev. Stat. § 37:3123 Violations; penalties
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§3123. Violations; penalties A. Any person who engages in auctions without a valid license violates this Chapter. B. Any person who violates any provisions of this Chapter or any rules and regulations adopted under its authority shall be fined not more than five hundred dollars o…
La. Rev. Stat. § 37:3124 Compensation of auctioneers
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§3124. Compensation of auctioneers A.(1) No auctioneer shall demand or receive a higher compensation for his services on judicial sales of immovable property made under order of court than a commission of seven percent on the amount of each adjudication made by him. (2) On sales …
La. Rev. Stat. § 37:3125 Payments and accounts
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§3125. Payments and accounts A. All funds derived from an auction sale paid to an auctioneer licensed in this state or to a person, corporation, firm or combination thereof which conducted the sale, shall be deposited in one or more identifiable bank accounts maintained in the st…
La. Rev. Stat. § 37:3128 Production of mortgage certificates
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§3128. Production of mortgage certificates No immovable property shall be sold by public auction without the production and reading by the auctioneer of a certificate of mortgages and encumbrances against the property offered. No such certificate is necessary in extrajudicial sal…
La. Rev. Stat. § 37:3129 Shills
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§3129. Shills A. No person acting as auctioneer shall purchase, either directly or indirectly, any property at a sale made by him except as provided in R.S. 37:3130. Any such sale is null. B. No person shall act at any auction sale as bidder or what is commonly known as "capper,"…
La. Rev. Stat. § 37:3130 Absentee bidder; consignor or property owner; public notice required
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§3130. Absentee bidder; consignor or property owner; public notice required Notwithstanding any provision of this Chapter to the contrary, an auctioneer may bid on behalf of an absentee bidder for the protection of a consignor or owner of property sold or offered for sale at an a…
La. Rev. Stat. § 37:3131 Property struck off to highest bidder
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§3131. Property struck off to highest bidder All property sold at auction shall in all cases be struck off to the highest bidder except such as may be limited. When the owner or any person employed by him is the highest bidder, he is subject to the same duties as if the property …
La. Rev. Stat. § 37:3132 Representation as to quality and price
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§3132. Representation as to quality and price At all such sales by auction any licensee shall at all times truly and correctly represent to the public attending the auction the actual facts in respect to the quality and manufacture of the items being offered for auction. It shall…
La. Rev. Stat. § 37:3133 Conduct of auction
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§3133. Conduct of auction At any auction to be conducted pursuant to this Chapter, the auctioneer, prior to offering the goods for sale, shall announce in a loud, clear voice the identifying inventory number of each article and shall again immediately after it is sold announce it…
La. Rev. Stat. § 37:3134 Livestock auctioneers
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§3134. Livestock auctioneers The provisions of this Chapter shall not apply to and the board shall not have jurisdiction over auctioneers who are engaged in the auction business exclusively as an employee or agent of a Louisiana livestock market which is regulated by the Louisian…
La. Rev. Stat. § 37:3140 Statement in proces verbal of manner, time, and place of making advertisement
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§3140. Statement in proces verbal of manner, time, and place of making advertisement In all auction sales made by sheriffs, auctioneers, or others authorized to sell at public auction that are required by law to be preceded by advertisement, the officer making the sale in his pro…
La. Rev. Stat. § 37:3141 Information required in advertisement
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§3141. Information required in advertisement Any licensed auctioneer who advertises to hold or conduct an auction shall indicate in such advertisement his name, business addresses, license number, and such other reasonable information as may be required by rule. Acts 1986, No. 56…
La. Rev. Stat. § 37:3142 Sale as prima facie evidence of legal advertisement
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§3142. Sale as prima facie evidence of legal advertisement When any question arises out of any public sale made by any person authorized to sell at public auction and the sale was required by law to be preceded by advertisements, the sale being proved, shall be prima facie eviden…
La. Rev. Stat. § 37:3143 Failure to advertise; liability for damages
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§3143. Failure to advertise; liability for damages If any person authorized by law to sell at public auction fails to advertise as required by law he shall be personally liable for all damages which result therefrom and shall be subject to the discipline of the Louisiana Auctione…
La. Rev. Stat. § 37:3151 Definitions
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§3151. Definitions As used in this Chapter, the following words shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise: (1) "Assistant secretary" means the assistant secretary of the office of environmental affairs of the Department…
La. Rev. Stat. § 37:3152 Board of Certification and Training; membership; meetings; compensation
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§3152. Board of Certification and Training; membership; meetings; compensation A. The secretary shall appoint a Solid Waste Management System Operators Board of Certification and Training to establish a program of certification, recertification, and training programs for solid wa…
La. Rev. Stat. § 37:3153 Examinations
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§3153. Examinations The board shall hold not fewer than four examinations per year for the two years following the effective date of this Chapter for the purpose of examining candidates for certification. After the initial two-year period, the board shall hold not fewer than two …
La. Rev. Stat. § 37:3154 Board of Certification and Training; powers and duties; certificates; revocation and suspension
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§3154. Board of Certification and Training; powers and duties; certificates; revocation and suspension The Board of Certification and Training shall have the following powers and duties: (1) To establish a certification program for operators of solid waste disposal facilities whi…
La. Rev. Stat. § 37:3155 Classification of facilities
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§3155. Classification of facilities A. Within one hundred twenty days of effective date of this Chapter, the board shall classify and list all nonhazardous solid waste disposal facilities which accommodate residential and commercial solid waste. The list shall include sanitary la…
La. Rev. Stat. § 37:3156 Violations; operation without certification
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§3156. Violations; operation without certification A. On or after four years following the effective date of this Chapter, it shall be unlawful for any person, firm, or corporation to operate a solid waste disposal facility which has been classified by the board unless the board …
La. Rev. Stat. § 37:3157 Operator training
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§3157. Operator training During the four years following the effective date of this Chapter, the board shall provide or establish what the appropriate training will be for all individuals who are required to obtain certification under the provisions of this Chapter. The board sha…
La. Rev. Stat. § 37:3158 Required training for certified operators
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§3158. Required training for certified operators A. In order to retain certification an operator must participate in continuing training of not fewer than ten contact training hours per year or forty hours per four-year period. B. More than one certification held by an operator f…
La. Rev. Stat. § 37:3159 Classes of certificates; terms and renewals
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§3159. Classes of certificates; terms and renewals A. Certificates shall be either regular or conditional. A regular certificate shall allow an operator to operate any facility or system of the type for which the certificate is issued. A conditional certificate shall allow an ope…
La. Rev. Stat. § 37:3160 Certification of present practitioners
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§3160. Certification of present practitioners A. All operators employed in responsible charge of a classified solid waste management facility on the effective date of this Chapter or on the date their facility is classified, whichever is later, shall be granted a certificate unde…
La. Rev. Stat. § 37:3161 Qualification by reciprocity
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§3161. Qualification by reciprocity The board may issue a certificate without examination in a comparable operator classification to any person who holds a certificate in any state, territory, or possession of the United States or any country, provided the requirements for certif…
La. Rev. Stat. § 37:3171 Statement of purpose
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§3171. Statement of purpose The intent of the legislature in licensing and regulating interior designers is to exercise the police power of the state to protect the public health, safety, and welfare of the people of this state by limiting the practice of interior design to inter…
La. Rev. Stat. § 37:3172 Definitions
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§3172. Definitions Unless the context otherwise requires, the following terms shall have the meanings indicated: (1) "Board" means the State Board of Examiners of Interior Designers. (2) "Decorator services" includes: (a) The selection or assistance in selection of surface materi…
La. Rev. Stat. § 37:3173 State Board of Examiners of Interior Designers; creation; qualifications;
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§3173. State Board of Examiners of Interior Designers; creation; qualifications; appointment A.(1) There is hereby created the State Board of Examiners of Interior Designers within the office of the governor consisting of seven members appointed by the governor from a list of nam…
La. Rev. Stat. § 37:3174 Powers and authority of the board
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§3174. Powers and authority of the board The board shall have the following powers and authority: (1) To enforce the provisions of this Chapter and incur such expenses as are necessary within the operating budget of the board. (2) To adopt and promulgate rules of organization, pr…
La. Rev. Stat. § 37:3175 Compensation and expenses
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§3175. Compensation and expenses A. Members of the board shall receive no compensation for their services but shall receive the same per diem and mileage as is provided by law for the members of the legislature. The board shall not meet more than eight times within any calendar y…
La. Rev. Stat. § 37:3176 Use of term "interior designer"; practice of interior design
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§3176. Use of term "interior designer"; practice of interior design A.(1) No person other than one registered pursuant to the provisions of this Chapter shall perform interior design or use the term "interior design" or "registered interior designer" to describe his business or p…
La. Rev. Stat. § 37:3177 Examinations
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§3177. Examinations A.(1) A person desiring to be registered as an interior designer shall apply to the board for registration. Each applicant shall apply to the board on a form and in the manner prescribed by the board. To be eligible for the examination, an applicant shall subm…
La. Rev. Stat. § 37:3178 Certificate of registration without examination
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§3178. Certificate of registration without examination. A.(1) All persons registered or licensed to use the title "interior designer", "registered interior designer", or "licensed interior designer" on January 1, 2000, shall be qualified for interior design registration under the…
