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§ 734.20. Enforcement actions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: September 19, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 21A. Auctioneer Licensing and Trading Assistant Registration Act (Refs & Annos)
Effective: September 19, 2016
63 P.S. § 734.20
§ 734.20. Enforcement actions
Currentness
(a) General rule.--The board may refuse, suspend or revoke licenses or registrations issued by the board or impose a civil penalty not exceeding $10,000 when it finds the applicant, licensee or registrant to have been guilty in the performance or attempt to perform any of the following:
(1) Knowingly making any substantial misrepresentation.
(2) Knowingly making any false promise of a character likely to influence, persuade or induce.
(3) A continued or flagrant course of misrepresentation or making false promises through agents or apprentice auctioneers.
(4) Within five years prior to the issuance of the license then in force, conviction in a court of competent jurisdiction in this or any other state or in Federal court of forgery, embezzlement, obtaining money under false pretenses, extortion, conspiracy to defraud or other like offense or offenses.
(5) Any failure to account for or to pay over moneys belonging to others which have come into his or its possession arising out of a sales transaction within a reasonable time.
(6) Any misleading or untruthful advertising.
(7) Any act or conduct in connection with a sales transaction which demonstrates incompetency, bad faith or dishonesty.
(8) Knowingly using false bidders, cappers or puffers.
(9) Violating any of the provisions of this act.
(10) Violating any regulation of the board.
(11) Having his license to engage in the auction profession revoked or suspended or having other disciplinary action taken or his application for licensure refused, revoked or suspended by the proper licensing authority of another state.
(12) The failure of a licensee or registrant who receives moneys on account of others to establish or maintain an escrow account as required in section 21.1
(13) For any licensed auctioneer or apprentice auctioneer to bid and buy for himself at any auction he is conducting.
(14) For any licensee or registrant to pay any compensation in money or other valuable thing to any person other than a licensee or registrant for the rendering of any service or the doing of any of the acts by this act forbidden to be rendered or performed by other than licensees or registrants.
(15) For a licensee or registrant to advertise an auction or a sale through an online trading assistant consignment sale without including in the advertisement or notice of sale the name and the license or registration number of the licensee or registrant conducting the transaction.
(b) Procedure.--A disciplinary action of the board shall be taken subject to the right of notice, hearing and adjudication and the right of appeal, in accordance with 2 Pa.C.S. (relating to administrative law and procedure).

Credits

1983, Dec. 22, P.L. 327, No. 85, § 20, effective Jan. 1, 1984. Amended 2016, July 20, P.L. 789, No. 88, § 14, effective in 60 days [Sept. 19, 2016].

Footnotes

1
63 P.S. § 734.21.
63 P.S. § 734.20, PA ST 63 P.S. § 734.20
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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