2016 Kentucky Revised Statutes CHAPTER 330 - AUCTIONEERS AND AUCTION HOUSE OPERATORS .070 Apprentice auctioneer requirements -- Issuance of license -- Fees -- 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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330.070
Apprentice auctioneer requirements -- Issuance of license -- Fees -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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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 one (1) year as an apprentice
auctioneer in Kentucky;
(c) Submit a statement to the board, signed by the principal auctioneer, verifying
that the applicant has actively and materially participated in at least ten (10)
auctions prior to application; and
(d) Successfully complete at least eighty (80) hours of approved classroom
instruction from a board-approved auction education provider. 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.
An apprentice auctioneer with an original license issued prior to June 30, 2010, or
after July 1, 2015, shall be required to successfully complete the auctioneer
examination.
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which has been revoked, suspended, or which has expired without renewal may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
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annual fee, the board shall issue a license for the ensuing year.
(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 subsection (6) 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) 1.
The board may require all licensees to complete a six (6) hour boardapproved 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.
2.
Effective July 1, 2016, each licensee with at least twenty-five (25) years
of continuous licensure shall be exempt from the requirements of this
paragraph.
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, or a digital facsimile thereof,
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.
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.
(10) (a)
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.
(b) 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.
(c) To reactivate a license in escrow, the licensee shall complete the core course
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.
(11) 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 24, 2015
History: Amended 2015 Ky. Acts ch. 14, sec. 5, effective June 24, 2015. -- 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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