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2020 Mississippi Code
Title 73 - Professions and Vocations
Chapter 4 - Auctioneers
§ 73-4-25. Grounds for disciplinary proceedings against licensees; penalties
Universal Citation: MS Code § 73-4-25 (2020)
- 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 Thousand Dollars ($5,000.00) for each violation upon a licensee, or applicant for licensure, under this chapter for any of the following reasons:
- Knowingly filing or causing to be filed a false application.
- Failure to enter into a written contract with a seller or consignor prior to placing or permitting advertising for an auction sale to be placed.
- Failure by the licensee to give the seller or consignor a signed receipt for items received for sale at auction, either by item or lot number at the time the goods are received, unless the goods are to remain in the possession of the seller or consignor.
- Failure to give the seller or consignor a statement or lot description, selling price, purchaser's identity and the net proceeds due to the seller or consignor.
- Failure to place funds received from an auction sale in an escrow or trust account, and failure to make timely settlement on escrowed funds. Absent a written agreement to the contrary, five (5) business days shall be deemed timely for settlement on personal property.
- Permitting an unlicensed auctioneer to call for bids in an auction sale.
- Having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.
- Any course of intentional, willful or wanton conduct by a licensee or such licensee's employees which misleads or creates a false impression among the seller, buyer, bidders and the auctioneer in the advertising, conducting and closing of an auction sale.
- A continued and flagrant course of misrepresentation or making false promises, either by the licensee, an employee of the licensee, or by someone acting on behalf of and with the licensee's consent.
- Any failure to account for or to pay over within a reasonable time funds belonging to another which have come into the licensee's possession through an auction sale.
- Any false, misleading or untruthful advertising.
- Any act of conduct in connection with a sales transaction which demonstrates bad faith or dishonesty.
- Knowingly using false bidders, cappers or pullers, or knowingly making a material false statement or representation.
- Commingling the funds or property of a client with the licensee's own or failing to maintain and deposit in a trust or escrow account in an insured bank or savings and loan association located in Mississippi funds received for another person through sale at auction.
- Failure to give full cooperation to the commission and/or its designees, agents or other representatives in the performance of official duties of the commission. Such failure to cooperate includes, but is not limited to:
- Failure to properly make any disclosures or to provide documents or information required by this chapter or by the commission;
- Not furnishing, in writing, a full and complete explanation covering the matter contained in a complaint filed with the commission;
- Failure, without good cause, to cooperate with any request by the board to appear before it;
- Not providing access, as directed by the commission, for its authorized agents or representatives seeking to perform reviews, audits or inspections at facilities or places utilized by the license holder in the auction business;
- Failure to provide information within the specified time allotted and as required by the board and/or its representatives or designees;
- Failure to cooperate with the board or its designees or representatives in the investigation of any alleged misconduct or willfully interfering with a board investigation.
- A demonstrated lack of financial responsibility.
- Having had a license for the practice of auctioneering or the auction business suspended or revoked in any jurisdiction, having voluntarily surrendered a license in any jurisdiction, having been placed on probation in any jurisdiction, having been placed under disciplinary order(s) or other restriction in any manner for auctioneering or the auction business (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action).
- Any violation of this chapter or any violation of a rule or regulation duly adopted by the commission.
- In addition to the acts specified in subsection (1) of this section, the commission shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
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