TITLE XXX
OCCUPATIONS AND PROFESSIONS
CHAPTER 311-B
AUCTIONEERS
Section 311-B:1 Definitions
Section 311-B:2 State Board of Auctioneers
Section 311-B:3 Rulemaking Authority
Section 311-B:4 Acts Prohibited
Section 311-B:5 Qualifications
Section 311-B:6 Nonresidents
Section 311-B:7 Application
Section 311-B:8 Bond
Section 311-B:9 Local Regulation
Section 311-B:10 Fees; Renewal
Section 311-B:11 Disciplinary Action
Section 311-B:11-a Hearings
Section 311-B:12 Penalties
Section 311-B:13 Exceptions
Section 311-B:14 Disposition of Revenue
311-B:1 Definitions. – As used in this chapter,
the following words shall have the following meanings:
I. "Auctioneer" means a person who engages in this state in the business of
selling for another real, personal or mixed property by auction.
II. "Auctioneering" means the business or act of selling for another real,
personal or mixed property by auction.
III. "Board" means the state board of auctioneers.
IV. "Resident" means any person who has resided within the state 6 months
next preceding the day of filing an application.
Source. 1969, 469:1, eff. Sept. 1, 1969.
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311-B:2 State Board of Auctioneers. –
I. There is hereby established a state board of auctioneers consisting of 5
members, including 4 auctioneers and one public member, appointed by the
governor with the advice of the council for terms of 5 years. Terms shall expire
March 1. All board members shall be residents of this state and no board member
shall serve more than 2 consecutive terms.
II. The public member of the board shall be a person who is not, and never
was, a member of the auctioneering profession or the spouse of any such person,
and who does not have, and never has had, a material financial interest in
either the provision of such professional services or an activity directly
related thereto, including the representation of the board or profession for a
fee at any time during the 5 years preceding appointment.
III. The board shall elect a chairman and secretary from among its members.
The secretary shall quarterly submit minutes of board meetings and reports of
board activities to the secretary of state.
IV. All board members shall serve without compensation.
Source. 1969, 469:1. 1981, 491:3, eff. July 1, 1981.
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311-B:3 Rulemaking Authority. –
The board, with the approval of the secretary of state, shall adopt
rules, pursuant to RSA 541-A, relative to:
I. Procedures for registration and renewal of registration;
II. The qualifications of applicants in addition to those requirements set
by statute, and including the qualifications for satisfactory evidence of good
professional character;
III. The establishment of all fees required under this chapter;
III-a. The form and content of the license application, including any
verification of the information thereon the board deems necessary;
IV. Ethical and professional standards required to be met by each holder of
a license under this chapter and how disciplinary actions by the board shall be
implemented for violations of these standards;
V. Matters related to the proper administration of this chapter; and
VI. Procedures for the conduct of hearings consistent with the requirements
of due process.
Source. 1969, 469:1. 1981, 491:4. 1987, 274:1, eff. May 25, 1987.
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311-B:4 Acts Prohibited. –
No person shall engage in auctioneering for a fee or commission unless
he has first obtained a license under this chapter. However, a licensed
auctioneer may employ apprentice auctioneers to assist him.
Source. 1969, 469:1. 1981, 491:5, eff. July 1, 1981.
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311-B:5 Qualifications. –
The board shall grant licensure to any applicant who:
I. Attests to the fact that he is an auctioneer;
II. Submits the recommendations of 2 auctioneers residing in this state,
certifying that 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. Each such recommendation shall set forth the name, address, and
occupation of the writer, the extent of his acquaintanceship with the applicant,
his familiarity with past business experience and dealings of the applicant and
such other knowledge of the applicant and his background upon which the
recommendation is founded;
III. Submits the fee established by the board for licensure or renewal; and
IV. Files a bond as required under RSA 311-B:8.
Source. 1969, 469:1. 1981, 491:6. 1987, 274:2, eff. May 25, 1987.
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311-B:6 Nonresidents. –
The board may grant an auctioneer's license to any applicant who is
similarly licensed in any other state, provided the other state's licensing
requirements are substantially equivalent to or higher than those of this state,
and further provided that such person satisfies the requirements of RSA 311-B:5,
III and IV.
Source. 1969, 469:1. 1981, 491:7, eff. July 1, 1981.
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311-B:7 Application. – An application for license
shall be in writing and shall be obtained from the secretary of state. Such
application shall be in such form as prescribed and approved by the board of
auctioneers. It shall contain a showing as to the applicant's ability to judge
the value of real, personal and mixed property and such other information as the
secretary of state and the board of auctioneers require to determine the
qualifications of the applicant and compliance with this chapter. If the
applicant is an individual, he shall verify the same; if a firm or corporation,
it shall be verified by at least 2 members or officers.
Source. 1969, 469:1. 1987, 274:4, eff. May 25, 1987.
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311-B:8 Bond. – No license shall be granted until
the applicant has filed a bond with the secretary of state in the sum of
$10,000, with sureties approved by the secretary of state, conditioned that he
will properly account for and deliver to the person entitled, all moneys and
things of value coming into his hands as an auctioneer and will conform to the
laws relating to such auctions. All bonds required under this chapter shall be
purchased from a reputable company authorized to do business in this state.
Source. 1969, 469:1. 1981, 491:8. 1987, 274:3, eff. May 25, 1987.
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311-B:9 Local Regulation. –
This chapter shall not be deemed to nullify or prevent a municipal
corporation from collecting an additional fee from auctioneers licensed under
this chapter.
Source. 1969, 469:1, eff. Sept. 1, 1969.
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311-B:10 Fees; Renewal. –
The annual fees for licensure or renewal of a license under this
chapter shall be established by the board. Licenses shall expire on the August
30 following their issuance. Applications for renewal licenses need not be
accompanied by the recommendations required under RSA 311-B:5, II. All licenses
which would expire May 30, 1987, shall be effective until August 30, 1987.
Source. 1969, 469:1. 1977, 563:25. 1981, 491:9. 1987, 274:5, eff. May
25, 1987.
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311-B:11 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person
licensed by the board has committed misconduct under paragraph II and which
specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this
section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure
a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and
affecting the practice of, the profession;
(d) Unfitness or incompetency by reason of negligent habits or other
causes; or negligent or willful acts performed in a manner inconsistent with the
interests of persons relying on the expertise of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a
degree which renders him unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter; or
(h) Suspension or revocation of a license, similar to one issued under
this chapter, in another jurisdiction and not reinstated.
III. The board may take disciplinary action in any one or more of the
following ways:
(a) By reprimand.
(b) By suspension, limitation or restriction of a license for a period of
up to 5 years.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing
education in the area or areas in which he has been found deficient.
Source. 1969, 469:1. 1981, 491:10. 1987, 274:6, eff. May 25, 1987.
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311-B:11-a Hearings. –
I. A hearing shall be held on each written complaint received by the board,
within 3 months of the date notice of a complaint was received by the accused,
unless otherwise agreed to by the parties. All complaints shall be objectively
received and fairly heard by the board.
II. The board shall take no disciplinary action, except for failure to renew
licensure, without a hearing. At least 14 days prior to hearing, both parties to
a disciplinary proceeding shall be served, either personally or by registered
mail, with a written copy of the complaint filed and notice of the time and
place for hearing. Rehearings and appeals from a decision of the board relative
to such disciplinary action shall be in accordance with RSA 541.
III. Written notice of all disciplinary decisions made by the board shall be
given to both parties to the proceeding upon their issuance.
Source. 1981, 491:11. 1987, 274:7, eff. May 25, 1987.
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311-B:12 Penalties. – Any person violating the
provisions of RSA 311-B shall be guilty of a misdemeanor if a natural person, or
guilty of a felony if any other person.
Source. 1969, 469:1. 1973, 528:196, eff. at 11:59 P.M., Oct. 31, 1973.
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311-B:13 Exceptions. –
I. This chapter shall not apply to any auctions held by order or judgment of
any court of the state or the United States or by any officer of a municipality,
county, state of United States, foreclosure sales by mortgagees, lienholders or
holders of any other kinds of security interests in real, personal or mixed
property or to sales conducted or made by sheriffs, deputy sheriffs, constables,
collectors of taxes, executors, administrators, guardians, conservators,
receivers, assignees under voluntary assignments for the benefit of creditors or
insurers, or by any other person required by law to sell real, personal or mixed
property.
II. Any resident member of a charitable, educational, religious or other
nonprofit organization within the state may conduct a charity auction without a
license for that organization, so long as no fee is charged for that service.
III. [Repealed.]
Source. 1969, 469:1. 1987, 274:8, eff. May 25, 1987.
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311-B:14 Disposition of Revenue. –
All moneys collected under this chapter shall be paid into the general
fund and are appropriated there from to the secretary of state for the purpose
of carrying out the provisions of this chapter.
Source. 1969, 469:1, eff. Sept. 1, 1969.
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