Title 73, Professions and Vocations

(a) There shall be two (2) classes of auctioneers’ licenses, which shall be auctioneer and auction firm. All applicants for a license under this chapter shall possess the following minimum qualifications:(a) Applicants shall have attained the age of eighteen (18) years by the iss…

(1) The commission may, upon its own motion or upon the complaint in writing of any person, provided the complaint and any evidence presented with it establishes a prima facie case, hold a hearing and investigate the actions of any auctioneer or auction firm, or any person who ho…

(1) Any person who has practiced the auctioneering profession in this state and has been a resident of the State of Mississippi for at least two (2) years before July 1, 1995, may apply for an auctioneer’s license hereunder without taking the examination as set forth in Section 7…

Any auctioneer who is licensed in a state that (a) has requirements equal to the requirements of this chapter, (b) has requirements that have been approved by the commission, after a review of such state’s licensing law, and (c) has entered into a reciprocal licensing agreement w…

(1) The commission may refuse to issue or renew a license, place a licensee on probation or administrative supervision, suspend or revoke any license, or may reprimand or take any other action in relation to a license, including the imposition of a fine not to exceed Five Thousan…

(1) No person or party who is not otherwise exempt from licensure under Section 73-34-5 shall sell, or offer to sell, goods or real estate at auction in this state or perform any act for which an auction firm license is required, unless the person or party holds a currently valid…

(1) Every person who applies for an auctioneer’s license, as a condition to the granting and the retention thereof, shall file or have on file with the commission, a bond in the amount of Ten Thousand Dollars ($10,000.00). (2) Every person or persons who apply for an auction firm…

(a) For the purposes of this chapter, the following words and phrases shall have the meanings ascribed herein, unless the context otherwise requires:(a) “Auction” means a sale transaction conducted by means of oral or written exchanges between an auctioneer and the members of his…

(1) The State of Mississippi shall be the obligee under any bond under this chapter. (2) Such bond shall be:(a) Executed by the person seeking the license as principal and by a corporate surety, licensed to do business in this state as a surety;(b) In such form and containing suc…

(1) If any licensee fails, or is alleged to have failed, to meet the obligations under this chapter and the rules and regulations promulgated hereunder, the commission shall hold a hearing and determine whether there has been such a failure, determine those persons who are proven…

(1) In performing the duties of an auctioneer, every auctioneer shall follow all reasonable requests of the owner or consignor of the goods being sold at the auction. Every auctioneer shall perform such auctioneer’s duties so that the highest or most favorable offer made by a mem…

Each licensee shall keep and maintain in a safe place for a period of not less than two (2) years complete and correct records and accounts pertaining to such licensee’s licensed activity, including the name and address of the owner or consignor of all goods involved in such acti…

Except with respect to goods sold through an auction firm, no licensee shall sell goods at an auction until the auctioneer or auction firm involved has first entered into a written contract with the owner or consignor of such goods, which contract sets forth the terms and conditi…

(a) All advertisements of auctions shall disclose:(a) The auctioneer’s name and the name of the auction firm involved; and(b) Whether the auction is to be absolute or with reserve; and(c) The auctioneer’s or auction firm’s auction license number. (a) The auctioneer’s name and the…

(1) An individual may not act as an auctioneer without first having obtained and having in effect the license required under this chapter. (2) Any person, except a licensed auctioneer who shall have become exempt by reason of compliance with the applicable provisions of this chap…

Any person who violates any provision of this chapter for which a specific penalty is not provided, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00).

The commission may maintain an action in the name of the State of Mississippi to enjoin any person from engaging, without a license issued under this chapter or pursuant to an exemption defined in this chapter, in any activity for which a license is required under this chapter.

In charging any person in an affidavit, information, or indictment with a violation of conducting, without a license or pursuant to an exemption of this chapter, any activity for which a license or an exemption therefor is required, it shall be sufficient to charge that the perso…

(1) It is unlawful for any person, corporation, limited liability company, partnership or other entity to conduct an auction, provide an auction service, hold himself out as an auctioneer, or advertise his services as an auctioneer in the State of Mississippi without a license is…

All new programs authorized in this chapter are subject to the availability of funds specifically appropriated therefor by the Legislature.

(1) The Mississippi Auctioneer Commission is created, and it shall have the authority to make such rules and regulations as are reasonable and necessary for the orderly regulation of the auctioneering profession and the protection of the public, which rules and regulations are no…

The commission shall meet each January at a time and place established by the chairman to conduct an election of officers and such other business as may be appropriate. The commission shall also meet upon the call of the chairman or upon the request of any two (2) members of the …