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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

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PART Auc 102  DEFINITIONS

 

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

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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

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

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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


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Auc 201.02  Complaints.

 

(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

 

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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

 

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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

 

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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

 

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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

 

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          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

 

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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

 

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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

 

 

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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

 

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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

 

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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

 

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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

 

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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

 

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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

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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

 

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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

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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

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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.