TABLE OF CONTENTS
CHAPTER Auc 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
PART Auc 101 PURPOSE AND SCOPE
Section Auc 101.01 Purpose and Scope
PART Auc 102 DEFINITIONS
Section Auc 102.01 Terms Used
PART Auc 103 AGENCY ORGANIZATION
Section Auc 103.01 Composition of the Board
Section Auc 103.02 Staff
Section Auc 103.03 Office Location, Mailing Address and Telephone
Section Auc 103.04 Functions of the Board
PART Auc 104 PUBLIC INFORMATION
Section Auc 104.01 Record of Board Actions
Section Auc 104.02 Custodian of Records
Section Auc 104.03 Copies of Records
PART Auc 105 MEETINGS, DECISIONS AND DELIBERATIONS
Section Auc 105.01 Meetings
Section Auc 105.02 Tentative Decision
PART Auc 106 APPOINTMENT OF COMMITTEES
Section Auc 106.01 Committees
CHAPTER Auc 200 COMPLAINTS AND HEARING PROCEDURES
PART Auc 201 INITIATION OF PROCEEDINGS
Section Auc 201.01 Commencement of Proceedings
Section Auc 201.02 Complaints
Section Auc 201.03 Initiation of Complaint Proceedings by the Board
Section Auc 201.04 Investigation
Section Auc 201.05 Notice
PART Auc 202 PRE-HEARING PROCEDURES
Section Auc 202.01 Pre-hearing Conferences
Section Auc 202.02 Discovery
PART Auc 203 HEARINGS
Section Auc 203.01 Witnesses
Section Auc 203.02 Evidence
Section Auc 203.03 Disciplinary Hearing Procedures
Section Auc 203.04 Record
Section Auc 203.05 Requests
Section Auc 203.06 Board Decisions and Orders
Section Auc 203.07 Voluntary Surrender by Licensee Under Disciplinary Investigation
PART Auc 204 ADOPTION OF RULES AND DECLARATORY RULINGS
Section Auc 204.01 Petition and Adoption of Rules
Section Auc 204.02 Petition for Declaratory Rulings
CHAPTER Auc 300 LICENSING REQUIREMENTS
PART Auc 301 APPLICATION
Section Auc 301.01 Required Information
Section Auc 301.02 Non-Resident Information
PART Auc 302 QUALIFICATION
Section Auc 302.01 Apprenticeships
Section Auc 302.02 Auctioneering Schools
Section Auc 302.03 Non-Resident Competency
PART Auc 303 EXAMINATION
Section Auc 303.01 Written Examination
Section Auc 303.02 Written Examination Registration
Section Auc 303.03 Notice of Results
PART Auc 304 RECIPROCITY
Section Auc 304.01 Reciprocity with Other States
Section Auc 304.02 Requirements for Non-Residents
Section Auc 304.03 Non-Resident Recommendations
Section Auc 304.04 Examinations for Non-Residents
PART Auc 305 FEES
Section Auc 305.01 License Fees
Section Auc 305.02 Renewal Fees
Section Auc 305.03 Examination Fee
PART Auc 306 ISSUING OF LICENSE
Section Auc 306.01 License Number
CHAPTER Auc 400 CONTINUED STATUS
PART Auc 401 RENEWAL
Section Auc 401.01 Application
Section Auc 401.02 Notice of Expiration
CHAPTER Auc 500 ETHICAL STANDARDS RESERVED
PART Auc 501 ETHICAL STANDARDS
Section Auc 501.01 Obligation To Obey
Section Auc 501.02 Standards of Conduct
CHAPTER Auc 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
PART Auc 101 PURPOSE AND SCOPE
Auc 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire Board of Auctioneers created by RSA 311-B:2.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6657, eff 1-1-98
Auc 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:
(a) "Absolute auction" means an auction without reserve in which the property offered for sale is sold to the highest bidder; where no minimum price will limit the bid; where the seller does not withdraw the property from the auction after the first bid has been made by a registered bidder and accepted by the auctioneer; and where the seller does not participate in the sale by bidding himself or through an agent.
(b) "Apprentice auctioneer" means an individual who serves under the direction of a supervising auctioneer as described in Auc 302.02.
(c) "Auction" means the sale of real, personal or mixed property to the highest bidder.
(d) "Auctioneer" means "auctioneer" as defined in RSA 311‑B:1, I.
(e) "Auctioneering" means "auctioneering" as defined in RSA 311‑B:1, II.
(f) "Bid caller" means a licensed auctioneer or apprentice who publicly solicits bids for the property by public outcry.
(g) "Board" means the New Hampshire board of auctioneers. References to "the agency" shall mean the board unless another meaning is clearly indicated from context.
(h) "Resident" means "resident" as defined in RSA 311‑B:1, IV.
(i) "Responsible auctioneer" means the New Hampshire licensee whose name and license number appear in all advertising and who is completely responsible for the conduct of the auction and for proper accounting and payment to all consignors.
(j) "Supervising auctioneer" means the responsible auctioneer who has taken the additional responsibility of supervising an apprentice auctioneer.
(k) "Tentative decision" means a board action which instructs the board's staff or a board committee to prepare a draft document which satisfies generally stated policy objectives, subject to subsequent review and approval by the board.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6657, eff 1-1-98
PART Auc 103 AGENCY ORGANIZATION
Auc 103.01 Composition of the Board.
(a) The board consists of members who meet the eligibility requirements of RSA 311-B:2.
(b) The board shall elect a chairman, vice-chairman and secretary at its regular March meeting.
Source. #6657, eff 1-1-98
Auc 103.02 Staff. The board shall designate such staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's daily operations. Such staff members shall be responsible for maintaining all records of the board's activities and for receiving correspondence, filings and other communications and documents.
Source. #6657, eff 1-1-98
Auc 103.03 Office Location, Mailing Address and Telephone.
(a) The board's office is within the secretary of state's office, at mailing address N.H. Board of Auctioneers, c/o Secretary of State's Office, State House Room 204, Concord, N.H. 03301-4989.
(b) Correspondence, filings and other communications intended for the board shall be addressed to the board's designated staff member at the location stated in Auc 103.03 (a)
(c) The board's telephone number is (603)271-3242.
Source. #6657, eff 1-1-98
Auc 103.04 Functions of the Board. The board shall, with the approval of the secretary of state, adopt rules for registrations, renewals, and disciplinary action; the qualifications of applicants, the establishment of fees, ethical and professional standards, conduct of hearings, content of license and renewal applications and any other matters related to the proper administration of RSA 311‑B. In addition to rulemaking, the board's functions include licensing qualified auctioneers and the investigation and adjudication of complaints against licensees.
Source. #6657, eff 1-1-98
PART Auc 104 PUBLIC INFORMATION
Auc 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. These minutes shall record the members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board's ordinary office hours within 144 hours from the close of the meeting or vote in question unless the 72 hour availability requirement of RSA 91-A:3, III is applicable.
Source. #6657, eff 1-1-98
Auc 104.02 Custodian of Records. The designated staff members shall be the custodian of the board's records and shall respond to requests to examine those records which are subject to public inspection or are otherwise accessible by the persons requesting access.
Source. #6657, eff 1-1-98
Auc 104.03 Copies of Records. Persons desiring copies of board records shall submit such request, during the normal hours of the board office, identifying as particularly as possible the information being sought and agreeing to pay a copying fee of $.25 per page. If records are requested which contain both public and confidential information, the board staff shall delete the confidential information and provide the remaining information.
Source. #6657, eff 1-1-98
PART Auc 105 MEETINGS, DELIBERATIONS AND DECISIONS
Auc 105.01 Meetings. The board shall meet monthly, except by a vote of the board. The board shall meet also at the call of the chair.
Source. #6657, eff 1-1-98
Auc 105.02 Tentative Decisions. Tentative decisions shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document which satisfactorily sets forth the final result the board intends to reach. The board's final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing the document in question.
Source. #6657, eff 1-1-98
PART AUC 106 APPOINTMENT OF COMMITTEES
Auc 106.01 Committees.
(a) The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more board members when such delegations are necessary to achieve separation of functions, objectives or to perform the board's work more efficiently.
(b) Committees shall have authority to undertake investigations and make recommendations to the board, but shall not take final action on behalf of the board.
(c) Committees shall not have authority to retain paid advisor or consultants or to use the voluntary services of nonboard members unless expressly authorized to do so by the board.
Source. #6657, eff 1-1-98
CHAPTER Auc 200 COMPLAINTS AND HEARING PROCEDURES
PART Auc 201 INITIATION OF PROCEEDINGS
Auc 201.01 Commencement of Proceedings. Complaint proceedings pursuant to RSA 311-B:11 shall be commenced upon the receipt of a complaint of any person as provided in Auc 201.02, or upon the initiative of the board as provided in Auc 201.03.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
(a) All complaints shall be in writing and shall be filed in the board's office.
(b) The complaint shall contain:
(1) The name and current address of the complainant;
(2) The specific facts or circumstances giving rise to the complaint;
(3) The particular action or conduct complained of; and
(4) The specific provisions of RSA 311‑B and/or the rule which the licensee is alleged to have violated.
(c) Service of the written complaint shall be made upon the respondent by the board by prepaid certified mail, return receipt requested.
(d) Documents that do not conform to Auc 201.02(b) shall not be acted upon by the board until the complainant provides all information specified in Auc 201.02(b).
Source. #6658, eff 1-1-98
Auc 201.03 Initiation of Complaint Proceedings by the Board. Upon receipt of information that any licensee has violated RSA 311‑B or these rules, the board shall initiate complaint proceedings hereunder pursuant to RSA 311‑B:11 and RSA 541-A.
Source. #6658, eff 1-1-98
Auc 201.04 Investigation.
(a) Upon receipt of a complaint, the chairman shall appoint a member of the board, or some other person, to act as an investigator and, if applicable, prosecutor in the particular case. The chairman shall forthwith notify in writing both the respondent licensee and the complainant, of that appointment.
(b) The investigator in an investigation shall perform the following duties:
(1) Contact and question individually the licensee against whom the complaint is registered and the complainant individually about the complaint, and take such other actions as the investigator deems appropriate to investigate the charges;
(2) Interview any other person, as the investigator deems appropriate;
(3) Upon completing the investigation, the investigator shall report to the board, in writing, a summary of the evidence that, in the opinion of the investigator, could be proved at a disciplinary hearing;
(4) Distribute copies of the investigative report to each member of the board; and
(5) Beyond the written report and communications concerning procedural issues, the investigator shall have no ex parte communication with the board concerning the subject complaint.
(c) When a pre-hearing conference and disciplinary hearing shall be conducted, the board shall provide a copy of the investigative report to the complainant and the respondent to the proceeding.
(d) In the event that the complainant and the respondent agree to waive a pre‑hearing conference and disciplinary hearing, the board shall notify the licensee and complainant of the board's decision.
Source. #6658, eff 1-1-98
Auc 201.05 Notice.
(a) Whenever a disciplinary hearing shall be conducted, the hearing shall be scheduled and notice of the hearing shall be given to the respondent licensee and the complainant(s) at least 14 days prior to the scheduled hearing, by prepaid certified mail, return receipt requested.
(b) Notices of hearing shall include:
(1) A statement of the time, place and the nature of the hearing;
(2) A statement of legal authority under which the hearing is to be held;
(3) A reference to the particular sections of the statutes and rules involved;
(4) A short and plain statement of the issues involved;
(5) The fact that the complainant and the respondent may be represented by counsel at the hearing; and
(6) The fact that the complainant and the respondent may present the testimony of witnesses.
Source. #6658, eff 1-1-98
PART Auc 202 PRE-HEARING PROCEDURES
Auc 202.01 Pre-hearing Conferences.
(a) Whenever a disciplinary hearing shall be conducted, the complainant or the respondent may request a pre‑hearing conference. Such conference shall also be scheduled in cases where the board determines that such a conference will lead to a more expeditious resolution of the dispute or of the issues before the board. A notice of the conference shall be given to the respondent licensee and the complainant(s) at least 14 days prior to the scheduled conference by prepaid certified mail, return receipt requested.
(b) The board shall designate a member of the board or some other person to act as the presiding officer at the pre-hearing conference.
(c) When scheduled, the pre‑hearing conference shall be concerned primarily with the following matters:
(1) Any pending motions before the board;
(2) Pre-hearing discovery;
(3) Stipulations, admissions and settlement possibilities;
(4) Identification, clarification and simplification of the issues before the board;
(5) Identification or limitations on the number of witnesses or exhibits which each party seeks to introduce at the disciplinary hearing or both;
(6) Setting any additional preliminary pre‑hearing conference dates that the parties may feel necessary;
(7) Determination of a realistic date of the exchange of names and addresses of expert witnesses, if necessary; and
(8) Any other matter that the board or counsel for the licensee or complainant feel will expedite pre‑hearing discovery and the disciplinary hearing.
(d) Following each pre-hearing conference, the presiding officer shall issue a pre-hearing order, pursuant to RSA 541-A:31,V(d).
Source. #6658, eff 1-1-98
Auc 202.02 Discovery.
(a) The complainant and the respondent shall request of each other materials and/or documents relative to the subject matter involved.
(b) If either party fails or refuses to provide the requested materials and/or documents, the party that has been unable to acquire the materials and/or documents may make a request to the board for discovery.
(c) The respondent shall, upon his/her request, be permitted access to any statements, documents, or other information in the board's file pertinent to his/her case. However, access shall not be granted to the contents of internal memoranda, notes or working papers of the board or its agents, confidential material which, if released, would violate a third party's rights to privacy, or material whose confidentiality is otherwise protected by applicable laws or rules.
Source. #6658, eff 1-1-98
PART Auc 203 HEARINGS
Auc 203.01 Witnesses.
(a) All witnesses appearing before the board shall testify under oath or affirmation. Oaths or affirmations shall be administered by the presiding officer.
Source. #6658, eff 1-1-98
Auc 203.02 Evidence.
(a) Exhibits offered by a party or counsel shall be received into evidence.
(b) The presiding officer shall determine the admissibility of evidence. While the board shall not be bound by the technical rules of evidence, irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
Source. #6658, eff 1-1-98
Auc 203.03 Disciplinary Hearing Procedures.
(a) Disciplinary hearings and other proceedings hereunder shall be conducted in accordance with RSA 541-A:31-38.
(b) Disciplinary hearings and other proceedings hereunder shall be presided over by the chairman or, in his absence, a board member designated by the board.
(c) The complainant, or his or her representative, shall open the proceedings through production of witnesses and exhibits, to be followed by those produced by the licensee complained against, or his or her counsel. Opportunity shall be afforded to either party to cross‑examine each witness of the other party at the conclusion of the witness's direct testimony. Members of the board shall ask questions of the witnesses during or subsequent to direct testimony or cross‑examination.
(d) After all the evidence is submitted, the complainant shall summarize his or her case first, followed by the respondent. The board shall deliberate on the case and make its decision.
Source. #6658, eff 1-1-98
Auc 203.04 Record. A record of all proceedings held by the board shall be kept, and a transcript of all oral proceedings shall be retained by the board.
Source. #6658, eff 1-1-98
Auc 203.05 Requests.
(a) After conclusion of the hearing, and prior to any decision by the board, any party requesting findings of fact shall state each such fact with particularity.
(b) After conclusion of the hearing, and prior to any decision by the board, any party requesting conclusions of law shall state each such law with particularity.
Source. #6658, eff 1-1-98
Auc 203.06 Board Decisions and Orders.
(a) Procedures for rendering a board decision or order shall be as set forth in RSA 541‑A.
(b) Any decision by the board on matters considered at a disciplinary hearing shall be by majority vote. Upon issuance, the chairman or secretary shall transmit the decision or order, in writing, to the complainant and the respondent.
(c) The board's decision or order shall be based upon the preponderance of evidence presented at the disciplinary hearing.
(d) In the event of suspension or revocation, a copy of the board's order shall be sent to the National Auctioneer License Law Officials Association (NALLOA).
(e) If the board's decision or order is to order disciplinary action against a licensee, then:
(1) The board shall promptly prepare a notice setting forth the full name of the licensee, his or her professional address as it appears in the records of the board, and the fact that discipline has been imposed.
(2) The notice prepared pursuant to (1) above shall include one of the following:
a. That the license has been revoked or voluntarily surrendered pursuant to Auc 203.07;
b. That the license has been suspended, and the time during which the suspension shall, be in effect;
c. That a reprimand has been issued; or
d. That the license has been limited or restricted, and shall state the terms of the limitation or restriction, to the extent that said terms relate to the time, place or manner in which the licensee may practice.
(3) In no event shall the notice contain information that is confidential and privileged by law.
(f) Paragraph (e) shall apply to disciplinary actions taken both with and without the agreement of the licensee.
Source. #6658, eff 1-1-98
Auc 203.07 Voluntary Surrender by Licensee Under Disciplinary Investigation. A licensee who is the subject of a complaint or an investigation into the allegations of misconduct on the licensee's part may voluntarily surrender the license.
Source. #6658, eff 1-1-98
PART Auc 204 ADOPTION OF RULES AND DECLARATORY RULINGS
Auc 204.01 Petition and Adoption of Rules.
(a) Any person may petition the board to adopt, amend or repeal a rule by filing a written petition with the board.
(b) The petition shall:
(1) Be limited to a single subject;
(2) Include:
a. Name, address and telephone of the petitioner;
b. A draft of the rule to be adopted, amended or repealed;
c. The reasons for such action.
(c) The petition shall be considered by the board at the next scheduled meeting.
(d) The board shall initiate rule making procedures in accordance with RSA 541-A:3 if the requested action is:
(1) Within the authority of the board;
(2) Consistent with state statutes; and
(3) A policy change that the board determines will protect the public.
(e) The board shall respond to the petitioner within 30 days.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 204.02 Petition for Declaratory Rulings.
(a) Any person may petition for a declaratory ruling as to the applicability of any provision of RSA 311-B or any rule or order for the board by filing a written petition with the board.
(b) The petition shall include:
(1) The name, address and telephone of the petitioner;
(2) Citation of the statute or rule;
(3) All information available which is material to the declaratory ruling; and
(4) The signature for petitioner;
(c) If the board determines that any petition is deficient in any respect the board shall notify the petitioner in writing within 30 days of the specific deficiencies.
(d) When an acceptable petition, under Auc 204.02 (b), is received by the board, the board shall take one of the following actions:
(1) Issue a declaratory ruling responsive to the petition within 60 days; or
(2) Request an opinion of the department of justice and issue a declaratory ruling within 40 days of the attorney general's reply.
Source. #6658, eff 1-1-98
CHAPTER Auc 300 LICENSING REQUIREMENTS
PART Auc 301 APPLICATION
Auc 301.01 Required Information.
(a) Each applicant for a New Hampshire auctioneer's license under RSA 311‑B shall submit an application form containing the following information about the applicant:
(1) Name, date of birth, and optionally, Social Security number;
(2) Residence and business address and telephone numbers;
(3) Places of employment and occupations for the last 5 years;
(4) Whether licensed as an auctioneer in other states, and if so, copies of those current licenses;
(5) Whether ever refused an auctioneer's license in any state, or whether there has been any disciplinary action taken against the auctioneer in any state, and, if so, the details;
(6) Whether ever convicted of any felony or misdemeanor involving theft, fraud, deceit, misrepresentation or other breeches of fiduciary duties, and, if so, the details; and
(7) Whether there are, or have been, any suits in any court involving theft, fraud, deceit, misrepresentation or other breeches of fiduciary duties, to which the applicant is a party, and if so, the details.
(b) The bond, extending at least for the term of the license, required by RSA 311‑B:8 shall be attached to the license application form.
(c) Each applicant shall submit recommendations from 2 resident New Hampshire licensed auctioneers certifying the applicant is trustworthy and competent to auction real, personal and mixed property in such a manner as to safeguard the interests of the public.
(d) The reference auctioneer shall have an acquaintance of at least 3 months duration with the applicant and be familiar with past business experience dealings of the applicant.
(e) If the applicant is unable to provide recommendations from 2 New Hampshire resident auctioneers who have known the applicant for at least 3 months, then the applicant shall provide recommendations from 2 New Hampshire resident auctioneers who have known the applicant less than 3 months and additional recommendations from 2 individuals to show past business experience and dealings.
(f) The recommendations shall include the length of time the individual has known the applicant, a description of past business dealings and experiences with the applicant, and any other background information about the applicant known to the individual who is making the recommendation.
(g) Each recommendation shall contain the following information:
(1) Name, license number, address and telephone number of the sponsor auctioneer;
(2) Extent of the sponsor's acquaintanceship with the applicant;
(3) Familiarity with the past business experience and dealings of the applicant; and
(4) Such other knowledge of the applicant and the applicant's background upon which the recommendation is founded.
(h) The applicant shall submit proof of competence in one of the following three forms:
(1) An affidavit from the supervising auctioneer or auctioneers certifying that the applicant has served as an apprentice auctioneer for said auctioneer or auctioneers for a total period of not less than 6 months and had participated in all phases of auctioneering over the course of not less than a total of 10 auctions under said auctioneer or auctioneer; or
(2) A certificate of graduation from an approved auctioneering school; or
(3) A certified copy of a valid current auctioneer's license, held by the applicant from any other state whose laws are not sufficient for reciprocity under RSA 311‑B:6, issued by the appropriate state agency, a letter of good standing from said agency, and an affidavit proving licensure for at least 6 months and conduct of at least 10 auctions within the 5 year period of time immediately prior to the application.
(i) The apprenticeship affidavit shall contain the following information:
(1) Name and address of both the applicant and the supervising auctioneer;
(2) The specific dates of auctions worked;
(3) A description of the responsibilities of the apprentice during the apprenticeship;
(4) A description of the responsibilities of the apprentice at the specific auctions worked; and
(5) A statement of competency established through the apprenticeship.
(j) The phases of auctioneering an auctioneer on apprenticeship shall participate in would include the following categories:
(1) Bid caller;
(2) Cashier;
(3) Scribe;
(4) Runner;
(5) Dealing with consignors;
(6) Preparation of flyers and advertising;
(7) Auction set up;
(8) Tagging; and
(9) Lotting.
(k) If the applicant is a firm, partnership, association, or corporation, the applicant shall meet all the requirements of Auc 301.01. The individual applying for the firm, partnership, association or corporation shall be the licensee and shall meet all the requirements under RSA 311-B and these rules.
(l) The applicant shall submit a copy of the examination results from the board of auctioneers examination taken within 6 months of the application date.
(m) All forms shall be complete and shall be signed and dated by the applicant in ink and notarized. All affidavits shall also be signed and dated by the writer and notarized. Incomplete or unnotarized forms or applications submitted without the recommendations, bonds, fees, or other necessary attachments will be returned to the applicant. All applications and information therein shall be current.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 301.02 Non-Resident Information.
(a) The non‑resident application shall have the same information as the resident application with the addition of a power-of-attorney.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
PART Auc 302 QUALIFICATION
Auc 302.01 Apprenticeships. For an affidavit of apprenticeship to be accepted by the board under Auc 301.01 (h)(1), an apprenticeship shall be served under one or more auctioneers for a period of not less than 6 months, with participation in all phases of auctioneering, as described in Auc 301.01 (j) over the course of not less than 10 auctions under said auctioneers.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 302.02 Auctioneering Schools.
(a) For the purposes of this section, an "instructional hour" means at least 50 minutes of classroom instruction.
(b) For a certificate of graduation from an auction school to be accepted by the board under Auc 301.01(h)(2), the applicant shall have successfully completed the program of an auction school with:
(1) A minimum of 80 hours of required classroom instruction including a minimum of 50 hours devoted to the core curriculum subject matter and 30 hours devoted to optional subject matter;
(2) A core curriculum subject matter that includes bid calling, ethics, advertising, accounting procedures, auction law, uniform commercial code, contracts and legal matters, closing statements and settlements; and
(3) Optional subject matter, related to auctioneering, that includes, but is not limited to, subjects such as antiques and furniture, real estate, environmental issues, computers, firearms, bankruptcy sales, art, rugs and jewelry, body language, sale preparation, heavy equipment and farm machinery, automobiles, livestock, public speaking, estate auctions, personal appearance, auction bid assisting and appraising.
(c) The applicant shall pass a written examination, given by the school, with a minimum passing score of 75% to receive a certificate of graduation.
Source. #6658, eff 1-1-98
Auc 302.03 Non-Resident Competency. The apprenticeship shall be waived for a non-resident applicant with a certified copy of a valid auctioneer's license from another state, if both of the following documents are attached to the application:
(a) A letter of good standing from the agency administering said license; and
(b) An affidavit proving licensure for at least six months and conduct of at least 10 auctions within the five year time immediately prior to the application.
Source. #6658, eff 1-1-98
PART Auc 303 EXAMINATION
Auc 303.01 Written Examination.
(a) In addition to the requirements of RSA 311‑B:5, each applicant, excluding non‑resident applicants granted reciprocity under RSA 311‑B:6 and Auc 304.01, shall pass a written examination in the following subject areas:
(1) State and federal statutes and administrative rules relative to auctioneering, including but not limited to the following:
a. RSA 311‑B;
b. RSA 358‑A:2, relative to deceptive acts and practices;
c. RSA 358‑G, relative to regulation of auctions;
d. RSA 444:1, relative to liens on personal property; and
e. RSA 382‑A:2‑328, Uniform Commercial Code Sale by Auction;
(2) Generally accepted accounting practices for buyer and seller, including, but not limited to, an explanation of methods of recording sales, making lists of items sold, consignor commissions, costs, and net sales; and
(3) Auctioneering mathematics including calculating commissions, premiums, consignor settlements, and costs of sales.
(b) The board shall administer the written examination at least 4 times each year, with the dates to be established at the November meeting.
(c) The board shall publish printed material including but not limited to the examination dates for the current calendar year, the examination registration form, tips for preparing for the license examination, study materials and sample questions.
(d) The passing grade on the written examination shall be 75% correct.
(e) The examination shall be taken only after the completion of one of the following requirements:
(1) An apprenticeship of at least 6 months with a minimum of 10 auctions, as described in Auc 302.01; or
(2) Successful completion of an auctioneering school as described in Auc 302.02; or
(3) A valid current auctioneer's license from another state and documentation as described in Auc 301.01(h) (3).
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 303.02 Written Examination Registration.
(a) Applicants shall register in writing to be scheduled to take the written examination. The registrations for the examination, including the $30 examination fee, shall be submitted to the board at least 2 weeks prior to the examination date. Qualifying applicants shall be mailed an admission ticket at least one week prior to the examination date. There will be no entry to the examination without this admission ticket and a photo identification.
(b) The registration form for admission to the examination shall contain the following information:
(1) Name, address and telephone number of the applicant;
(2) Auctioneering school attended, if applicable;
(3) Name, address and telephone number of supervising auctioneers for applicant's apprenticeship, if applicable;
(4) A copy of a valid current auctioneer's license from another state and documentation as described in Auc 301.01(e)(3), if applicable; and
(5) Requested examination date.
(c) Applicants who fail to attend an examination for which they are scheduled shall be required to submit a new examination registration form and fee if they desire to be rescheduled unless the applicant furnishes written proof of inability to attend.
(d) Applicants who do not receive a passing grade for the examination shall submit a new examination registration form and fee if they desire to be rescheduled.
Source. #6658, eff 1-1-98
Auc 303.03 Notice of Results. The board shall notify each applicant, in writing only, of the results of said examination by section within 14 days of the examination. Results shall not be released by telephone. License application shall be within 6 months of passing of the examination; otherwise the examination shall be retaken.
Source. #6658, eff 1-1-98
PART Auc 304 RECIPROCITY
Auc 304.01 Reciprocity with Other States. Applicants licensed from another state with auctioneer's license requirements which are substantially equivalent to or higher than those of New Hampshire shall be granted a license under RSA 311 B:6.
Source. #6658, eff 1-1-98
Auc 304.02 Requirements for Non-Residents. In the case of non‑resident applicants applying for reciprocity, each non‑resident applicant shall comply with the requirements of Auc 301, except that the applicant shall not have to furnish a copy of the examination results or affidavit.
Source. #6658, eff 1-1-98
Auc 304.03 Non-Resident Recommendations. For those applicants who are eligible for reciprocity under Auc 304.01, recommendations from 2 auctioneers residing in the state in which the applicant holds said license shall satisfy the requirements of Auc 301.01(c).
Source. #6658, eff 1-1-98
Auc 304.04 Examinations for Non-Residents. A non-resident applicant shall only be exempt from taking the New Hampshire auctioneer's license examination if said non-resident has taken an examination of equivalent or higher standard in the state in which the applicant is licensed.
Source. #6658, eff 1-1-98
PART Auc 305 FEES
Auc 305.01 License Fees.
(a) The fee for a resident New Hampshire auctioneer's license shall be $85 per year.
(b) The fee for a nonresident New Hampshire auctioneer's license shall be $125 per year.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 305.02 Renewal Fees.
(a) The fee for renewal of a resident New Hampshire auctioneer's license shall be $85 per year.
(b) The fee for renewal of a nonresident New Hampshire auctioneer's license shall be $125 per year
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 305.03 Examination Fee. The fee for registration for the New Hampshire auctioneer's licensing examination shall be $ 30. This fee includes the provision of a copy of the auctioneer licensing bulletin. Copies of pages of this document may also be obtained separately by paying the per page copying fee specified in Auc 104.03.
Source. #6658, eff 1-1-98
PART Auc 306 ISSUING OF LICENSE
Auc 306.01 License Number.
(a) On issuance of a New Hampshire auctioneer's license, each licensee shall receive a license number which the licensee shall retain as long as licensed and said license is renewed pursuant to Auc 401.
(b) A license number shall not be assigned to anyone other than to the person to whom it was originally issued.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
CHAPTER Auc 400 CONTINUED STATUS
PART Auc 401 RENEWAL
Auc 401.01 Renewal Form.
(a) Each licensee shall submit a renewal form containing the following information about the licensee:
(1) Name, date of birth, and, optionally, Social Security number;
(2) Residence and business address and telephone;
(3) Whether licensed as an auctioneer in other states, and if so, in which states;
(4) Whether ever refused an auctioneer's license in any state, or whether there is any pending or past disciplinary action taken against the auctioneer in any state, and, if so, the details;
(5) Whether, in the time since the last renewal application was submitted, the licensee has been convicted of any felony or misdemeanor involving theft, fraud, deceit, misrepresentation or other breeches of fiduciary duties, and, if so, the details; and
(6) Whether, in the time since the last renewal application was submitted, there are, or have been, any suits in any court involving theft, fraud, deceit, misrepresentation or other breeches of fiduciary duties, to which the licensee is a party, and if so, the details.
(b) The bond, extending at least for the term of the license, required by RSA 311‑B:8 shall be filed with the board before a renewal is issued.
(c) All forms shall be complete and shall be signed and dated by the applicant in ink and notarized. Incomplete forms submitted without the bonds, fees, or other necessary attachments shall be returned to the licensee.
(d) The non-resident renewal form shall have the same information as the resident renewal form with the addition of a power-of-attorney.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
Auc 401.02 Notice of Expiration. A renewal form shall be mailed to each licensee's address of record at least 30 days in advance of the expiration of his license.
Source. #1993, eff 3-31-82; ss by #2706, eff 5-10-84; ss by #4093, eff 7-21-86; EXPIRED 7-21-92
New. #5441, eff 7-27-92; ss by #6658, eff 1-1-98
CHAPTER Auc 500 ETHICAL STANDARDS
PART Auc 501 ETHICAL STANDARDS
Auc 501.01 Obligation To Obey. The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall be a basis for imposing disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by an unlicensed person or during a prior period of licensure, shall also be a basis for denying a license application.
Source. #6658, eff 1-1-98
Auc 501.02 Standards of Conduct.
(a) A licensee shall submit only truthful and correct information in any application or other document filed with or statement made to the board.
(b) A licensee shall inform the board of a principal business address to which all official board communications should be directed. The establishment of a business address or the change or abandonment of a business address shall be reported to the board within 30 days.
(c) If challenged by any person(s) prior to or after an auction, the auctioneer shall show the identification card with his license number, issued by the board of auctioneers, as evidence of licensure at any auction he is conducting.
(d) The responsible auctioneer shall pay consignors all sums due them for goods sold at auctions conducted by said auctioneer within 15 calendar days or at some other time mutually agreed upon in writing by both parties. The only exceptions to this are:
(1) A subsequent written agreement signed by both parties may alter a payment schedule initially established between the parties, but a licensee who does not pay in accordance with a payment schedule which was in effect at the time payment was due shall be subject to misconduct sanctions even if the consignor later consents to a modification of the schedule;
(2) If a third party claims or disputes the ownership of the goods sold, the monies shall be placed in an escrow account pending resolution of the claim; and
(3) If a third party brings legal action against the auctioneer for payment to the consignor, the monies shall be placed in an escrow account pending resolution of the claim.
(e) The responsible auctioneer shall provide to the consignor an accounting of each lot sold at auctions conducted by said auctioneer within 15 calendar days or at some other time mutually agreed upon in writing by both parties. "Lot" means the object or group of objects offered by an auctioneer for one money.
(f) All auction advertisements shall include the name and license number of the responsible auctioneer who plans to conduct the auction.
(g) Except when participating in auctions exempted by RSA 311-B:13, any licensed New Hampshire auctioneer, who in any manner and to any extent, represents in New Hampshire an auctioneer who is not licensed in New Hampshire, shall meet the following requirements:
(1) The New Hampshire licensed auctioneer shall become the responsible auctioneer and shall include his own name and license number in all advertisements for such auction; and
(2) The New Hampshire licensed auctioneer shall be fully responsible for any representation, act, or failure to act on the part of the auctioneer who is not licensed in New Hampshire; including, but not limited to, providing an accounting, as described in Auc 501.02 (d) (2), to consignors and payment of all consignors.
(h) Any person attempting to subvert the purpose of RSA 311‑B by "buying" property for auction so as not to be literally "selling for another" shall be required to comply with the licensing provisions of RSA 311‑B:4. Any advertisement of such unlicensed auction shall be prohibited pursuant to RSA 358‑G:2(I).
(i) The responsible auctioneer listed in auction advertisements shall be physically present at said auction. If the responsible auctioneer cannot, for whatever reason, be present at the auction, another New Hampshire licensed auctioneer shall be designated as the agent of the responsible auctioneer and be present throughout the auction. The responsible auctioneer shall still be the licensee fully responsible for the conduct of the auction. However, the designated agent shall be also held responsible for his own actions at the auction, but this does not relieve the liability of the responsible auctioneer.
(j) Consignor's unsold property shall be returned or made available to the owner of record within 30 calendar days of the completion of the auction, unless otherwise agreed upon by both consignor and the responsible auctioneer, or unless a dispute arises regarding ownership of said property.
(k) The term "estate" shall only be used in the heading of an advertisement when the majority of lots or property being offered for sale during the auction is property of a deceased person or persons or property of one or more persons whose decision making is being performed by a guardian or conservator.
(l) The responsible auctioneer shall keep such records as to enable reconstruction of an auction in the event of a complaint.
Source. #6658, eff 1-1-98
