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330.070 Apprentice auctioneer requirements -- License fee -- Continuing
education requirement -- Pocket license -- Duty of auctioneer upon
termination of apprentice employment -- Placement of licenses in escrow
-- Notice of change of address.
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(2)
(3)
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(5)
(6)
(7)
An apprentice auctioneer applying for an auctioneer license shall, subject to
the provisions of KRS 330.060:
(a) Possess a current Kentucky apprentice auctioneer license;
(b) Serve an apprenticeship for a period of two (2) years as an apprentice
auctioneer in Kentucky; and
(c) Submit a statement to the board, signed by the principal auctioneer,
verifying that the applicant has participated in at least ten (10) auctions
during the twenty-four (24) month period prior to application.
An apprentice auctioneer with an original license issued prior to June 30, 2010,
shall be required to successfully complete the auctioneer examination.
Effective July 1, 2010, an applicant for an apprentice auctioneer license shall
be required to successfully complete the auctioneer examination prior to being
issued an apprentice license. No further examination shall be required prior to
applying for an auctioneer license.
(a) An apprentice auctioneer shall apply for an auctioneer license after
completing the required two (2) year apprenticeship and within five (5)
years of being issued an apprentice license.
(b) If a licensed apprentice auctioneer does not apply for an auctioneer
license within five (5) years of receiving an apprentice license, the
apprentice license shall not be renewed.
(c) This subsection shall not apply to an apprentice auctioneer licensed prior
to June 30, 2010.
If an applicant for an auctioneer license resides in a state which does not have
a current reciprocity agreement with the board, the board may waive the eighty
(80) hour education requirement or the apprenticeship requirement, or both, if
the applicant demonstrates sufficient previous auction experience and
competency by affidavit or by other evidence as required by the board.
An applicant for an auctioneer license who has previously held an auctioneer
license which has been revoked, suspended, or which has expired without
renewal may request, and the board may grant, a waiver of the requirement of
possession of a current apprentice license.
Every application for a license issued by the board shall be submitted on forms
prepared by the board. Each applicant shall furnish pertinent background data
as outlined on those forms.
The board shall promulgate administrative regulations in accordance with KRS
Chapter 13A to establish an initial license fee and annual renewal license fee,
neither of which shall exceed one hundred fifty dollars ($150).
(a) All licenses shall expire on the thirtieth day of June.
(b) Each license shall be renewed on or before the expiration date.
(c) In addition to the renewal fee, a late fee shall be established by
administrative regulations promulgated by the board on each license
renewed within six (6) months after the expiration date.
(d) In the absence of any reason or condition which might warrant the refusal
of renewing a license, and upon timely receipt of the renewal form and the
annual fee, the board shall issue a license for the ensuing year.
(8) (a) The board may require as a condition precedent to the renewal of any
license, that each licensee complete continuing education up to ten (10)
hours per license year. The board may impose different continuing
education requirements upon different classifications of licenses under
this chapter. The continuing education requirements in this subsection
shall not apply to those auctioneers licensed prior to January 1, 1980.
(b) A licensee who has not completed the required continuing education
may, within the time period set forth in subsections (6) and (7) of this
section, remit a fee established by administrative regulations promulgated
by the board with the applicable renewal fees, and the continuing
education reporting requirement shall be deferred to the next annual
renewal. If the licensee fails to meet the continuing education requirement
for the next annual renewal, the licensee shall successfully complete the
examination before renewal of his or her license.
(c) The board may require all licensees to complete a six (6) hour
board-approved core course once every four (4) years, that includes the
core subjects of Kentucky auction statutes and regulations, ethics, and
any other subject matter deemed appropriate by the board.
(9) The board shall prepare and deliver to each licensee a pocket license. The
pocket license of the apprentice auctioneer shall contain the name and address
of his or her principal auctioneer. The board shall also prepare and deliver a
license to each auction house operator.
(a) Auction house operators shall display their licenses conspicuously and at
all times in the auction house identified on the license.
(b) All licensees shall carry their pocket licenses when performing
auctioneering tasks, to be shown upon request.
(c) A license or pocket license shall be replaced upon the request of the
licensee and payment of a replacement fee established by administrative
regulations promulgated by the board in accordance with KRS Chapter
13A.
(10) When an apprentice auctioneer is discharged or voluntarily terminates
employment with the auctioneer for any reason:
(a) It shall be the immediate duty of the principal auctioneer to deliver to the
board a written release of the apprentice auctioneer; and
(b) The apprentice auctioneer shall affiliate with a principal auctioneer within
thirty (30) days by submitting to the board an affiliation letter signed by the
new principal auctioneer and a fee established by administrative
regulations promulgated by the board in accordance with KRS Chapter
13A.
An apprentice auctioneer shall not perform any of the acts regulated by this
chapter until receiving a new license bearing a new principal auctioneer's name
and address.
(11) A licensee may place his or her license in escrow with the board if the licensee
does not engage in any board-regulated auctioneering activity and continues to
pay the annual renewal license fee.
(a) For each year the license is in escrow, a licensee shall be exempt from
the contribution to the auctioneer's education, research, and recovery
fund and the continuing education requirement.
(b) To reactivate a license in escrow, the licensee shall meet the current
year's continuing education requirement and pay a reactivation fee and
the annual renewal recovery fee, both of which shall be established by
administrative regulations promulgated by the board in accordance with
KRS Chapter 13A.
(12) Notice in writing shall be given to the board by each licensee of any change of
principal business location or residence address within ten (10) days of the
change, and the board shall issue an updated license for the unexpired period.
The board may fine, suspend, or revoke the license of a licensee who does not
notify the board of a change of address within ten (10) days. Changing a
business or a residence address on its records shall entitle the board to collect
a fee established by administrative regulations promulgated by the board in
accordance with KRS Chapter 13A.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 70, sec. 7, effective June 25, 2009. -Amended 1998 Ky. Acts ch. 285, sec. 4, effective July 15, 1998. -- Amended
1992 Ky. Acts ch. 344, sec. 6, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 170, sec. 5, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 407,
sec. 4, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 79, sec. 4,
effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 80, sec. 4, effective June
17, 1978. -- Amended 1974 Ky. Acts ch. 315, sec. 68. -- Amended 1970 Ky.
Acts ch. 120, sec. 18. -- Created 1962 Ky. Acts ch. 251, sec. 7.
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