2011 Kentucky Revised Statutes CHAPTER 330 AUCTIONEERS AND AUCTION HOUSE OPERATORS 330.060 Issuance of license -- Conditions -- Examination, fee, exception -- Service of process.
KY Rev Stat § 330.060 (1996 through Reg Sess) What's This?
330.060 Issuance of license -- Conditions -- Examination, fee, exception -- Service of
process.
(1)
(2)
(3)
(4)
Every applicant for licensure shall be at least eighteen (18) years of age, show proof
of a high school diploma or equivalent, and, within the preceding five (5) years,
shall not have committed any act that constitutes grounds for license suspension or
revocation under this chapter.
(a) The board may waive the high school diploma or equivalent requirement for
an apprentice, licensed prior to 1985, applying for an auctioneer license.
(b) Any license issued pursuant to this chapter shall be granted only to a person
found to be of good repute, trustworthy, and competent to transact the
business for which the license was granted in a manner requisite to
safeguarding the interest of the public.
(c) Effective July 1, 2010, an applicant for an apprentice auctioneer license shall
have successfully completed at least eighty (80) hours of approved classroom
instruction from a board-approved auction education provider.
(d) The board may waive the eighty (80) hours of approved classroom instruction
requirement if the applicant demonstrates sufficient previous auction
experience and competency by affidavit or other evidence as required by the
board.
The board is authorized to require information from every applicant to determine
the applicant's honesty and truthfulness.
Every applicant shall successfully complete an examination, conducted by the board
or its authorized representative. Every application for examination shall be
submitted on board-prepared forms, and each applicant shall furnish pertinent
background data as outlined on the forms.
(a) To defray the cost of administration of the examination, the board shall
require each applicant to remit an examination fee established by
administrative regulations promulgated by the board in accordance with KRS
Chapter 13A.
(b) Examination fees shall be nonrefundable.
(c) If the applicant is unable to attend the scheduled exam, the examination fee
shall be deferred to the next scheduled administration of the examination.
(d) Upon successful completion of the examination, the applicant shall apply for
initial licensure within forty-five (45) days of receiving notice of successfully
completing the examination.
(e) The examination shall be of the scope and wording sufficient in the judgment
of the board to establish the competency of the applicant to act as an
auctioneer or other licensee regulated by the board.
If a license has been revoked, suspended, or is allowed to expire without renewal,
the board may require the applicant to pass the written examination or complete
some form of board-approved auction education before a license may be issued.
(5)
(6)
If a license has not been renewed within six (6) months of the expiration date, the
board shall require a person to successfully complete the written examination before
a license is issued.
In addition, every nonresident applicant shall file an irrevocable consent that actions
may be commenced against the applicant in any court of competent jurisdiction in
the Commonwealth of Kentucky, by the service of any summons, process, or
pleadings authorized by law on the authorized representative of the board. The
consent shall stipulate and agree that the service of any summons, process, or
pleadings on the authorized representative shall be taken and held in all courts to be
as valid and binding as if actual service had been made upon the applicant in
Kentucky. In case any summons, process, or pleadings are served upon the
authorized representative of the board, it shall be by duplicate copies, one (1) of
which shall be retained in the office of the board, and the other immediately
forwarded by certified mail, return receipt requested, to the last known business
address of the applicant against whom the summons, process, or pleadings are
directed.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 70, sec. 6, effective June 25, 2009. -- Amended
1998 Ky. Acts ch. 285, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts
ch. 344, sec. 5, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 170, sec. 4,
effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 407, sec. 3, effective July 13,
1984. -- Amended 1982 Ky. Acts ch. 79, sec. 3, effective July 15, 1983. -- Created
1962 Ky. Acts ch. 151, sec. 6.
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