BOARD OF AUCTIONEERS MINUTES
Legislative Office Building Room 307, Concord, NH
September 10, 2012, 9:00 a.m.
1. The
Board of Auctioneers convened at 9:10 a.m. with, Chairperson Frank L. Eaton,
Vice-Chairperson Russell R. Abbott, Secretary Roy W. Tilsley, Member Richard C.
Berman and Member Gregory J. Walsh present.
2. The
Board on motion of Russell R. Abbott, seconded by, Roy W. Tilsley accepted the
minutes of the August 6, 2012 meeting.
3. 9:15
a.m. – Show Cause Notice of Appearance “In the Matter of James Horne”. Mr. Horne failed to appear for the
hearing. As a result, and on motion of
Richard C. Berman, seconded by Roy W. Tilsley, Mr. Horne’s license is hereby
suspended until he complies with the Notice to Appear.
4. 9:45
a.m. – Hearing: “In the Matter of John S. Pappas”. The Board found Mr. Pappas in violation of
RSA 311-B:11(d) for not providing an accounting of
items sold to the consignor in a timely manner.
As a result of the violation and on motion of Frank L. Eaton, seconded
by Roy W. Tilsley, and with Richard C. Berman voting no, the Board’s Decision regarding Mr. Pappas is a letter of
reprimand and a fine of $135.60 which is based on the commission of the sale. Conditionally, the fine will be stayed for
six months, so long as Mr. Pappas has no further violations.
5. The
Board on motion of Roy W. Tilsley, seconded by Richard C. Berman, authorized
the application of Ersun Ficici for an Auctioneers
License.
6. The
Board on motion of Gregory J. Walsh, seconded by Roy W. Tilsley, and further on
a roll call vote as follows: Frank L. Eaton – yes, Richard C. Berman – yes,
Russell R. Abbott – yes, Roy W. Tilsley – yes, and Gregory J. Walsh – yes,
voted to go into non-public session to discuss matters under RSA 91-A,
specifically, matters which would likely adversely affect the privacy of
individuals and or matters in which litigation has been threatened against the
Board.
7. The
Board on motion of Roy W. Tilsley, seconded by Gregory J. Walsh voted to come
out of non-public session.
8. The
Board on motion of Richard C. Berman, seconded by Roy W. Tilsley, voted to
appoint an investigator / prosecutor for the complaint made by Donald M. Pepin.
The
Board on motion of Richard C. Berman, seconded by Gregory J. Walsh voted to
appoint Roy W. Tilsley as investigator / prosecutor for the complaint made by Donald
M. Pepin.
9. Further
Business:
A. In the Matter of Peter E. Smith, a hearing held June
4, 2012 where the order stated: “IT IS ORDERED, THAT, The license of Peter E.
Smith is hereby suspended for the period of 2 years. IT IS FURTHER
ORDERED, THAT, Peter E. Smith pay a fine of $1000 to the State of NH. IT
IS FURTHER ORDERED THAT, Peter E. Smith, at his own expense, return all unsold
items to the consignor/complainant. If Mr. Smith makes full restitution
of all monies and property to the consignor/complainant within 60 calendar days
of the receipt of this order, his license shall be reinstated at that time and
placed on probationary status for the remainder of the term, and $750 of the
fine due to the State of NH will be suspended for the duration of the license
probationary period. If Mr. Smith does not make full restitution with the
consignor/complainant within 60 calendar days of the receipt of this order,
then the additional $750 will be due to the state of NH and the license
suspension shall remain in full force and effect for the entire 2 year period.
The consignor received
check #11435 dated August 8, 2012 from Peter E. Smith Associates, which he
tried to deposit on August 21, 2012 in the amount of $2,805 for payment of
consignment to which he was owed, however, the bank stamped the check NSF
(non-sufficient funds), and the consignor is still due monies.
As such, Peter E. Smith is
in violation of the Board’s Decision and Order dated June 14, 2012, and
therefore is ORDERED to pay the additional $750 to the State of New Hampshire
within 60 calendar days of the receipt of this order, and it is also ORDERED
that the license of Peter E. Smith be suspended for the remainder of the 2 year
period ending June 14, 2014.
B. Board discussed rules.
10. The
Board on motion of Roy W. Tilsley seconded by Russell R. Abbot then Adjourned
at 12:35 p.m.
The next scheduled monthly meeting will be held October
1, 2012
at the Legislative Office Building, Room 307, Concord, New Hampshire.