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§ 734.3. Auctioneer, apprentice auctioneer, auctioneer company and special licenses

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. § 734.3
Formerly cited as PA ST 63 P.S. § 734.10
§ 734.3. Auctioneer, apprentice auctioneer, auctioneer company and special licenses
Currentness
(a) Requirement for license.--
(1) It is unlawful for any person to engage in the business or profession of an auctioneer, apprentice auctioneer or an auction company to conduct an auction, to hold himself out as an auctioneer or as an apprentice auctioneer, to hold itself out as an auction company or to offer to conduct auctions in this Commonwealth without first obtaining a license from the board as an auctioneer, apprentice auctioneer, auction company or special licensee.
(2)(i) Regardless of whether the computer system or server utilized in connection with an online auction is physically located within this Commonwealth, a license shall be required for any person offering to conduct or agreeing to conduct an online auction, or conducting an online auction, if:
(A) the seller is situate in this Commonwealth at the time the offer is made, the agreement is made or the online auction is held;
(B) the online auction involves the sale of real property situate in this Commonwealth; or
(C) the online auction involves the sale of personal property situate in this Commonwealth at the time the offer is made, the agreement is made or the online auction is held.
(ii) Under this section, licensure is not required under circumstances in which the seller initiates contact with an auctioneer, auction company or other provider of auction services located outside of this Commonwealth to sell personal property at an online auction outside of this Commonwealth.
(3) Any owner, member, officer, employee or independent contractor retained by an auction company who calls bids or engages in other activities requiring licensure under this act must be licensed as an auctioneer or apprentice auctioneer. Notwithstanding the foregoing, a license is not required for an individual, acting as an agent or representative of a licensee under this act, to negotiate or execute contracts on behalf of the licensee.
(4) Licensees under this act shall be authorized to conduct auctions at any venue within this Commonwealth, including on-site auctions and auctions held at auction houses and temporary venues, and by any method of conducting the sale, including live auctions and online auctions and auctions that are conducted live and online contemporaneously, whether real-time auctions or extended auctions.
(b) Deleted by 2016, July 20, P.L. 789, No. 88, § 1, effective in 60 days [Sept. 19, 2016].
(c) Qualifications in general for license.--Auctioneer, apprentice auctioneer and special auctioneer licenses shall be granted only to individuals who have a good reputation for honesty, truthfulness, integrity and competence to transact the business of an auctioneer or apprentice auctioneer in a manner as to safeguard the interest of the public and only after satisfactory proof of these qualifications has been presented to the board as required by this act and regulation.
(d) Apprentice auctioneer license.--To qualify for an apprentice auctioneer license, an individual must be sponsored and employed for compensation by a qualified sponsor who employs no more than one other apprentice auctioneer. As approved by the board, an apprentice auctioneer may transfer his apprenticeship to another qualified sponsor without forfeiting any qualifying auctions previously completed in accordance with subsection (e)(1).
(e) Auctioneer license.--To qualify for an auctioneer license, an individual must have passed the prescribed examination after:
(1) serving an apprenticeship as a licensed apprentice auctioneer for a period of not less than two years in the employ of a qualified sponsor and participating for compensation in no less than 30 auctions, including auctions under the supervision of a substitute qualified sponsor, without limitation as to the method of conducting the auctions, which may include online auctions;
(2) successfully completing a prescribed course of study in auctioneering at a Group A auction school;
(3) successfully completing a prescribed course of study in auctioneering at a Group B auction school and serving an apprenticeship as a licensed apprentice auctioneer for a period of not less than one year in the employ of a qualified sponsor and participating for compensation in no less than 15 auctions, which may include auctions under the supervision of a substitute qualified sponsor, without limitation as to the format of the auctions, which may include online auctions;
(4) being licensed in good standing by another state to engage in auctioneering for at least two years. The board shall review applications under this paragraph to determine the qualifications of the applicant; or
(5) demonstrating that the individual has conducted auctioneering for at least two years in a state that does not require a license. The board shall review applications under this paragraph to determine the qualifications of the applicant.
(e.1) Auction company license.--
(1) Every legally recognized entity shall, before operating as an auction company, obtain an auction company license issued by the board.
(2) Every auction company shall designate an auctioneer-of-record. Each auction company licensed under this act shall designate an individual licensed as an auctioneer under this act to serve as the auction company's auctioneer-of-record. The designation of the auctioneer-of-record shall be made in the initial application for licensure as an auction company and in each application for renewal of an auction company license. The auctioneer-of-record may be an owner, shareholder, member, partner, employee, independent contractor or other agent of the auction company. The auctioneer-of-record is principally responsible for the conduct of the auctions of the auction company in accordance with this act. However, nothing in this act shall limit or restrict the ability of an auction company to utilize the services of one or more auctioneers in addition to the auctioneer identified as auctioneer-of-record, and it shall not be necessary for the auctioneer-of-record to be present at every auction conducted by the auction company, provided that a licensed auctioneer is present to conduct the activities required to be conducted by a licensed auctioneer under this act. An auction company license becomes invalid if the license of the auctioneer-of-record is not renewed or is suspended or revoked or if the auctioneer-of-record becomes deceased or otherwise ceases to be the auction company's auctioneer-of-record without substitution by a successor auctioneer-of-record.
(3) Within 30 calendar days after an auction company's auctioneer-of-record ceases to serve as auctioneer-of-record for the auction company, both the auction company and the auctioneer-of-record or the auctioneer-of-record's legal representative shall notify the board in writing of the termination of such status.
(f) Reissuance of inactive license.--Any individual to whom an auctioneer license has been issued and whose license has been in an inactive or nonrenewed status for a period of seven or more years shall be required to submit to and pass an examination approved by the board prior to having a license reissued. Any individual to whom an apprentice auctioneer license has been issued and whose license has been in an inactive or nonrenewed status for a period of seven or more years shall be required to make a new application to the board.
(g) Deleted by 2016, July 20, P.L. 789, No. 88, § 1, effective in 60 days [Sept. 19, 2016].
(g.1) Special license to conduct auction.--An auctioneer or auction company authorized to engage in auctioneering in another state shall, on application and payment of the license fee, be issued a special license for each specifically identified auction to be conducted in this Commonwealth. Applications must be made not less than 20 days in advance of the auction or sale at auction and must include the name and address of the seller or owner of all items to be sold. All applications are subject to approval by the board and shall include proof of authority to engage in auctioneering in the other state. This subsection does not prohibit an auctioneer or auction company licensed in another state from working or sharing compensation with a licensed Pennsylvania auctioneer or auction company in this Commonwealth with respect to an auction conducted pursuant to a contract between the seller or owner of the property and an auctioneer or auction company licensed in this Commonwealth and, under such circumstances, a special license shall not be required unless the out-of-State auctioneer will call bids or engage in any other conduct that requires a license under this act.
(h), (i) Deleted by 2016, July 20, P.L. 789, No. 88, § 1, effective in 60 days [Sept. 19, 2016].

Credits

1983, Dec. 22, P.L. 327, No. 85, § 3, effective Jan. 1, 1984. Amended 2008, Oct. 8, P.L. 1080, No. 89, § 3, effective in 60 days [Dec. 8, 2008]; 2016, July 20, P.L. 789, No. 88, § 1, effective in 60 days [Sept. 19, 2016].
63 P.S. § 734.3, PA ST 63 P.S. § 734.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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