Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 67.
AUCTIONEERS
The Texas Department of Licensing and Regulation (''Department'')
proposes amendments to existing rules at 16 Texas Administrative Code, §§67.10,
67.20 - 67.22, 67.25, 67.40, 67.65, 67.70, 67.80, and 67.94, regarding the
Auctioneers program. The Texas Department of Licensing and Regulation (''Department'')
proposes new rules at 16 Texas Administrative Code, §§67.23, 67.24,
67.71, and 67.72, and the repeal of 16 Texas Administrative Code, §§67.41,
67.42, 67.60, 67.81 - 67.83, 67.90, 67.100, 67.101, and 67.102, regarding
the auctioneers program.
Rule 67.10 Definitions is amended to delete the definition of ''cheating''
as it states the obvious. Three new definitions are added. The word ''bond''
is defined since the term is used in the statute in reference to the recovery
fund. The word ''operated'' is defined to make it clear that operating an
auction company requires more than being employed to bid call and finally,
the word ''participated'' is defined to mean ''to perform bid calling.''
Rule 67.20 is amended in several respects. The first is a change in title
from ''Licensing Requirements Auctioneers'' to ''Licensing Requirements Auctioneer''.
Subsection (a) is amended by dropping the phrase, ''on the form provided by
the department.'' Subsection (b)(3)(A) is amended by adding the word ''a''
before ''written. Subsection (b)(3)(B) is amended to clarify what an individual
who is applying for a license without having passed an examination must provide
in his application. Subsection (b)(6) is amended by deleting the reference
to applications filed after January 1, 2004, as it is no longer applicable.
Further subsections (b)(6)(A) and (B) are deleted in this rule and requirements
for schools providing training are set out in new §67.23. Subsection
(c) is deleted and is now set out in new §67.70(j). Subsection (d) is
deleted and is now set out in new §67.24.
Rule 67.21 License Requirements--Associate Auctioneers is amended to reflect
requirements for licensure rather than practice requirements. To that end
subsections (a) - (e) are deleted as they reflect practice requirements.
Rule 67.22 License Requirements--Examination is amended to provide information
concerning when an applicant may take an examination and subsections (a) -
(e) are deleted as (a), (b) and (c) set out procedures for scheduling and
taking examinations while (d) is no longer applicable and (e) deals with disciplinary
matters addressed in the Commission's general rules found in 16 Texas Administrative
Code, Chapter 60.
Rule 67.23 Pre-licensure Education is a new rule that describes the statutory
requirement that applicants must have at least 80 hours of training in approved
courses and how a course provider or school may obtain course approval.
Rule 67.24 License Renewal is a new rule specifying that licenses expire
one year from the date of issuance and that timely application for renewal
must be made to avoid late renewal fees.
Rule 67.25 Continuing Education is amended at subsection (d) by the deleting
the phrase ''for one renewal period.'' The phrase is deleted because it is
not needed and to make this rule language the same as similar rules adopted
for other licensing programs administered by the department. Each course is
approved annually and is assigned a unique number for that year, even though
the subject matter may be the same for more than one year. The deleted phrase
is not needed.
Rule 67.40 Education and Recovery Fund is amended at subsection (b) to
add the phrase, ''based on the fund balance'' to make it clear that a determination
regarding additional fees is not required on December 31 of each year, but
that the determination is based on the fund balance at the end of each year.
Subsection (c) is deleted as it adds nothing to the process of maintaining
the fund. Old subsection (d) (now subsection (c)) is amended to make it clear
that all applicants for licensure must pay the initial fee before a license
will be issued. New subsections (d) - (h) are replacements as needed, for
deleted §64.41 and §67.42.
These new subsections detail the process for payments made from the recovery
fund to persons harmed by actions of licensees and they provide details of
the statutory requirements for the licensee to repay the fund and to pay to
customers who are harmed any amount due to the customer not paid by the fund.
The statute requires payment of interest and it allows the department to establish
payment procedures that it may allow an auctioneer to use. The proposed rules
provide that repayment shall be made in monthly installments determined by
agreement between the department and the licensee with input from the customer.
Failing agreement, the rule provides for minimum payments depending on the
size of the debt.
Rule 67.60 is deleted as responsibilities of the department do not require
rules.
Rule 67.65 Advisory Board is amended at subsection (a) to more clearly
set out duties of the board. Subsections (d) and (e) are deleted since they
repeat requirements for the makeup of the board that unambiguously are set
out in statute and are not needed in rule.
Rule 67.70 Auctioneer Requirements is amended in its title to reflect that
the rule addresses auctioneer requirements only and not requirements for associate
auctioneers. Subsection (a) is amended to delete the reference to auction
companies, and to require an auctioneer to list his license number on advertisements
for auctions that the auctioneer operates. Subsection (d) is amended to require
that the auctioneer, as opposed to an auction company, must provide assumed
names if any, of any auction company the auctioneer owns. Subsection (c) is
new to this rule but is similar to old §67.100(a) which is deleted. The
rule makes it clear that an auctioneer may not allow an unlicensed person
to call bids at an auction. Old subsection (c) is deleted and is replaced
in §67.71(b). Subsection (d) is new to the rule and is the same as old §67.100(b).
Old subsection (d) is deleted. New subsection (e) is the same as old §67.100(c)
and is moved here for clarity. Old subsection (e) is deleted and is similar
to new subsection (b) of §67.94.
The language of the following new subsections to the rule is the same as
language in the old subsections of rules. They are moved here for clarity.
After each new subsection listed below is a reference to the old subsection:
§67.70(f) - §67.100(d)
§67.70(g) - §67.100(e)
§67.70(h) - §67.100(f)
§67.70(i) - §67.100(g)
§67.70(k) - §67.101
§67.70(l) - §67.102(a)
§67.70(m) - §67.102(b)
§67.70(n) - §67.102(c)
Rule 67.70 new subsection (j) is the similar to old §67.20(c). It
is moved here for clarity.
New rule 67.71 Requirements--Sponsoring Auctioneers is added to clearly
spell out the responsibilities of a licensed auctioneer who serves as a sponsor
for an associate auctioneer. The language of subsection(a) comes largely from
old §67.21(a) requiring an employer - employee relationship between the
sponsor and the associate. The new subsection also recognizes that an associate
may be employed by an auction company that also employs the sponsoring auctioneer.
Subsection (b) is similar to old §67.70(c). Subsection (c) is intended
to replace the provisions of old §67.21(b). Subsection (d) is new and
makes it clear that a sponsoring auctioneer who terminates his relationship
with an associate must provide documentation to the associate of matters an
associate must have performed in order to become licensed without taking an
examination that were performed by the associate under the supervision of
the sponsor.
Rule 67.72 Requirements--Associate Auctioneers is a new rule that clearly
sets out practices requirements for associates. Subsection (a) is similar
to old §67.21(a) and it makes it clear that an associate may be supervised
only by the sponsoring auctioneer. Subsection (b) is similar to old §67.70(c).
Subsection (c) specifies the functions that an associate must have performed
under his sponsor's supervision in order for the associate to qualify to become
licensed as an auctioneer without taking the examination. Subsection (d) is
similar to old §67.20(c). Subsection (e) makes it clear that an associate
may not provide auctioneer services except under the supervision of a sponsoring
auctioneer.
Rule 67.80 is amended to make it the ''Fees'' rule rather than having several
fee rules. Subsection (a) is amended to make it clear that the fee is an application
fee for a license, and subsection (b) is amended to do the same for associate
auctioneers. Subsection (c) is new and is similar to old §67.81(a) clarified
so that it refers to a fee for application for renewal. Subsection (d) is
the same for old §67.81(b). Subsection (e) is the same as old §67.81(c).
Subsection (f) is similar to old §67.82. Subsection (g) is the same as
old §67.83. Subsection (h) sets out the fee for curriculum review for
auctioneer schools seeking approval. Subsection (i) is similar to old §67.40(d)
with minor language changes, but no fee change. Subsection (i) makes it clear
that all fees are non-refundable as they are all application fees, not licensing
fees with the exception of the initial recovery fund fee.
Rule 67.81 Fees--Renewal and §67.82 Fees--Duplicate License are deleted
as their provisions are now in §67.80.
Rule 67.90 Sanctions--Administrative Sanctions/Penalties is deleted. The
provisions of this rule are found in the general Rules of the Commission,
16 Texas Administrative Code, Chapter 60.
Rule 67.94 Sanctions--Revocation, Suspension or Denial Because of a Criminal
Conviction is amended at subsection (a) making statutory references current
and to replace the word ''commissioner'' with ''commission''.
New subsection (b) is similar to old §67.60(a) which was deleted.
Rule 67.100 is deleted and its provisions are now found in §67.70
and §67.72. Rule 67.101 is deleted and its provisions are now found in §67.70.
Rule 67.102 is deleted and its provisions are now found in §67.70.
These rule changes are necessary to bring the rules into compliance with
the statute and to make them easier to understand.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments, deletions and new rules are
in effect there will be no cost to state or local government as a result of
enforcing or administering the amendments.
Mr. Kuntz also has determined that for each year of the first five-year
period the new rules, amendments and deletions are in effect, the public benefit
will be that the rules are more logically structured making them easier to
comprehend, the language is clarified and the duties of auctioneers who supervise
associate auctioneers are defined.
There will be no effect on large, small, or micro-businesses as a result
of the proposed amendments, new rules and deletions. There are no anticipated
economic cost increases to persons who are required to comply with the rules
as amended.
Comments on the proposals may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
16 TAC §§67.10, 67.20 - 67.25, 67.40, 67.65, 67.70 - 67.72, 67.80, 67.94
The amendments and new rules are proposed under Texas Occupations
Code, Chapter 1802, and Texas Occupations Code, Chapter 51, which authorizes
the Department to adopt rules as necessary to implement this chapter and any
other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapter 1802 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the proposal.
§67.10.Definitions.
The following words and terms, when used in this
chapter
[
(1)
Auction without reserve
--
(also called Absolute
Auction)--An auction in which property put up for sale is sold to the highest
bidder, where the seller may not withdraw the property from the auction after
the auctioneer calls for bids unless no bid is made in a reasonable time,
and where the seller may not bid himself or through an agent.
(2)
Auction with reserve--An auction in which the seller or
his agent reserves the right to establish a minimum bid, accept or reject
any and all bids, and withdraw the property at any time prior to the announcement
of the completion of the sale by the auctioneer.
(3)
Bond--Recovery fund fee.
[
(4)
Employed by a licensed auctioneer--Participating in all
aspects of the auction business under the supervision of a licensed auctioneer.
(5)
Operated--Means to have fiduciary
and operational responsibilities for all aspects of an auction company's auctions
conducted in Texas, and to have supervisory responsibility for the company's
employees who perform auction functions in Texas.
(6)
Participated--Means to have
performed bid calling.
(7)
[
§67.20.License Requirements Auctioneer [
(a)
An applicant for licensure as an auctioneer must submit
a completed application [
(b)
To obtain a license as an auctioneer an applicant must:
(1)
be at least 18 years of age;
(2)
be a citizen of the United States or a legal alien;
(3)
either
(A)
pass
a
written or oral examination provided
by the department; or
(B)
provide proof of having
[
(4)
hold a high school diploma or a high school equivalency
certificate;
(5)
not have been convicted of a felony within five years of
the application date; and
(6)
[
[
[
[
[
§67.21.License Requirements--Associate Auctioneers.
An applicant for licensure as an associate auctioneer must:
(1)
submit a completed application
along with required fees;
(2)
be sponsored by a licensed
auctioneer; and
(3)
either be a citizen of the
United States or a legal alien.
[
[
[
[
[
§67.22.License Requirements--Examinations.
If an applicant fails the examination twice during the one year
application period, the application will be terminated and the applicant may
not reapply until one year from the date of the second failure.
[
[
[
[
[
§67.23.Pre-licensure Education .
(a)
Proprietary auction schools having a Certificate of Approval
issued by the Texas Workforce Commission may obtain department approval by
submitting an application for Auction School Registration along with the certification
and payment of the curriculum review fee.
(b)
Other auction schools submitting an application for Auction
School Registration will be reviewed on a case by case basis to assure that
licensing applicants presenting credentials from the schools will have completed
at least 80 hours of classroom instruction in courses relating to auctions.
§67.24.License Renewal.
Licenses expire one year from the date of issuance and must be renewed
by that date to avoid late renewal fees.
§67.25.Continuing Education.
(a)
Terms used in this section have the meanings assigned by
Chapter 59 of this title, unless the context indicates otherwise.
(b)
To renew a license as an auctioneer or associate auctioneer,
a licensee must complete six hours of continuing education in courses approved
by the department, including two hours of instruction in laws and rules that
regulate the conduct of auctioneers and associate auctioneers.
(c)
The continuing education hours must have been completed
within the term of the current license, in the case of a timely renewal. For
a late renewal, the continuing education hours must have been completed within
the one year period immediately prior to the date of renewal.
(d)
A licensee may not receive continuing education credit
for attending the same course more than once [
(e)
A licensee shall retain a copy of the certificate of completion
for a course for one year after the date of completion. In conducting any
inspection or investigation of the licensee, the department may examine the
licensee's records to determine compliance with this subsection.
(f)
To be approved under Chapter 59 of this title, a provider's
course must be dedicated to instruction in one or more of the following topics:
(1)
Texas Occupations Code, Chapter 1802, Auctioneers;
(2)
Title 16, Texas Administrative Code, Chapter 67, Auctioneers
Administrative Rules;
(3)
other laws and rules that regulate the conduct of auctioneers
and associate auctioneers;
(4)
auction-related laws, such as the Uniform Commercial Code--Sales,
Title 1, Chapter 2, Texas Business and Commerce Code §2.328 and the Deceptive
Trade Practices-Consumer Protection Act, Chapter 17, Subchapter E, Texas Business
and Commerce Code; or
(5)
business practices, such as insurance, auction ethics,
contracts, maintenance of trust accounts, and marketing.
(g)
This section shall apply to providers and courses for auctioneers
and associate auctioneers upon the effective date of this section.
(h)
This section shall apply to auctioneer and associate auctioneer
licenses issued under Texas Occupations Code, Chapter 1802, Subchapter B that
expire on or after January 1, 2006.
§67.40.Education and Recovery Fund.
(a)
In each year in which the balance of the Education and
Recovery Fund is less than $300,000 the Department will determine the fee
that shall be paid by all license holders into the Education and Recovery
Fund (The Fund).
(b)
The necessity for assessing the fee will be determined
by the Department
based on the fund balance
on each December 31st.
The fee shall be paid in addition to the renewal fee. The renewal notice sent
by the Department will reflect the fee due to the fund.
[
(c)
[
(d)
If the department determines,
either with the agreement of the auctioneer and claimant or at a hearing held
on a disputed amount, that the auctioneer owes to the aggrieved person damages
greater than the maximum of $10,000 allowed under the Act, the auctioneer
must pay the amount not paid by the department to the aggrieved party. If
the department determines that the auctioneer owes damages to more than one
aggrieved person arising out of one auction at one location, and the sum of
all damages owed exceeds $20,000, the department shall prorate $20,000 from
the recovery fund among the aggrieved persons, and the auctioneer must pay
the amount not paid to each of the aggrieved persons.
(e)
The total payment from the
recovery fund of claims against an auctioneer may not exceed $20,000. If additional
claims are filed before the auctioneer has reimbursed the Fund and repaid
any amounts due an aggrieved party, the department shall hold a hearing to
determine if the additional claims must be satisfied by the auctioneer before
the commissioner issues or renews a license, whether probated or not.
(f)
If a claim is paid against
an auctioneer, and the auctioneer cannot immediately reimburse the recovery
fund, the Executive Director may allow the auctioneer to sign an agreement
with the department to reimburse the Fund at the applicable rate described
below plus the interest accrued on the unpaid principal during the prior month
at the rate of 8 percent per year.
(g)
If an amount is due an aggrieved
party, and the auctioneer cannot immediately pay the aggrieved party, the
Executive Director may allow the auctioneer to sign an agreement with the
party to reimburse the aggrieved party at the applicable rate described below
plus the interest accrued on the unpaid principal during the prior month at
the rate of 8 percent per year.
(h)
Reimbursement of the principal
owed is to be paid in monthly installments determined by agreement between
the department and the auctioneer with consideration given to input from any
aggrieved party. If an agreement is not reached, monthly installments shall
be determined as a percentage of the initial principal amount according to
the following schedule:
(1)
$0.01 - $500.00--20%
(2)
$500.01 - $1,000--10%
(3)
$1,000.01 - $3,000.00--5%
(4)
$3,000.01 and over--3%
§67.65.Advisory Board.
(a)
The board
[
(b)
Recommendations of the board will be transmitted to the
Commission.
(c)
Board meetings are called by the Presiding Officer. Meetings
in excess of one each calendar quarter shall be authorized by the Commission
or the Commission's designee.
[
[
§67.70. Auctioneer Requirements [
(a)
An
auctioneer
[
(b)
An auctioneer must furnish to the department the name,
including assumed names,
address, and phone number of all auction companies
which he owns or operates. [
(c)
A licensee may not allow any
person who is not either a licensed auctioneer or a licensed associate auctioneer
to call bids at a sale.
[
(d)
A licensee may not knowingly
use, or permit the use of, false bidders, cappers, or shills at any auction.
[
(e)
Before beginning an auction,
a licensee must announce, give notice, display notice and/or disclose:
(1)
that the auctioneer conducting the sale is licensed
by the department and is covered by a Recovery Fund administered by the department;
(2)
the terms and conditions of the sale including
whether a buyer's premium will be assessed; and
(3)
if the owner, consignor, or agent thereof has
reserved the right to bid.
[
(f)
If an auctioneer advertises
an auction as "absolute" or "without reserve", no lots included may have a
minimum bid. Advertising may include the wording, "many lots are without reserve";
however, the auction may not be titled, headed or called an "absolute" or
"without reserve" auction unless all lots meet that criteria.
(g)
All auctioneers shall notify
consumers and service recipients of the name, mailing address, and telephone
number of the department for purposes of directing complaints to the department.
The licensees may use a sticker or rubber stamp to convey the required information.
The notification shall be included on any seller or consignor contract and
on at least one of the following:
(1)
a sign prominently displayed at the place of
the auction;
(2)
bills of sale or receipt to be given to buyers;
or
(3)
on bidder cards.
(h)
An auctioneer who intends to
charge a buyer's premium at an auction must state this condition and the amount
of the buyer's premium in all advertising for the auction.
(i)
Any statement in an advertisement
for an auction that alters the meaning of another statement in the advertisement
must be in a type font at least as large as the type font of the statement
it alters.
(j)
An auctioneer must report any
change of address to the department within 30 days.
(k)
Each licensed auctioneer must:
(1)
maintain a separate trust or escrow account
in a federally insured bank or savings and loan association, in which shall
be deposited all funds belonging to others which shall come into the auctioneers
possession;
(2)
deposit all proceeds from an auction into his
trust or escrow account within 72 hours of the auction unless the owner/consignor
of the property auctioned is paid immediately after the sale or the written
contract stipulates other terms, such as sight drafts;
(3)
pay any public monies, including but not limited
to state sales tax, received into the State Treasury at the times and as per
the regulations prescribed by law; and
(4)
pay all amounts due the seller within 15 banking
days of the auction unless otherwise required by statute or a written contract
between license holder and seller.
(l)
Each licensed auctioneer shall
keep records relative to all auctions for at least two years from the date
of the sale.
(m)
The records for each auction
must state the name(s) and address of the owners of the property auctioned,
the date of the sale, the name of the auctioneer and clerk for the sale, the
gross proceeds, the location and account number of the auctioneer's trust
or escrow account, an itemized list of all expenses charged to the consignor
or seller, a list of all purchasers at the auction and a description and selling
price for each item sold.
(n)
In addition, the auctioneer
shall keep, as part of the records for each auction, all documents relating
to the auction. These documents shall include, but are not limited to, settlement
sheets, written contracts, copies of advertising and clerk sheets.
§67.71.Requirements--Sponsoring Auctioneer.
(a)
There must be a legitimate employee-employer relationship
between an associate auctioneer and the sponsoring auctioneer or between the
associate and an auction company operated by a licensed auctioneer that employs
the sponsoring auctioneer.
(b)
A sponsoring auctioneer must be on premises and directly
supervising an associate auctioneer when the associate is bid calling.
(c)
A sponsoring auctioneer is responsible for supervision
of an associate auctioneer as he performs the items listed in Rule 67.72(c).
(d)
An auctioneer who terminates his sponsorship of an associate
auctioneer must:
(1)
within thirty days notify the Department in writing; and
(2)
provide signed documentation to the associate auctioneer
showing:
(A)
the beginning and ending date of the sponsorship;
(B)
date and location of up to ten auctions bid called by the
associate;
(C)
items listed in Rule 67.72(c) that the associate has performed.
§67.72.Requirements--Associate Auctioneers.
(a)
An associate auctioneer shall provide auction services
only when under the supervision of the licensed Texas auctioneer whose name
is on file with the Department as the associate's sponsoring auctioneer.
(b)
When bid calling, an associate auctioneer must be under
the direct on premises supervision of the sponsoring auctioneer
(c)
In order to be eligible for licensure as an auctioneer
without taking examination an associate auctioneer must participate in all
aspects of the auction business involving the laws of this state, including
but not limited to:
(1)
appraising;
(2)
inventorying;
(3)
advertising;
(4)
property make ready;
(5)
site selection and preparation;
(6)
lotting;
(7)
registration;
(8)
clerking;
(9)
cashiering;
(10)
bid-calling at least ten auctions;
(11)
ring working;
(12)
property check out;
(13)
security;
(14)
accounting; and
(15)
managing an escrow account.
(d)
An associate auctioneer must report any change of address
to the department within 30 days.
(e)
When a sponsoring auctioneer terminates his sponsorship
of an associate auctioneer, the associate may not provide auction services
until he has an agreement with a new sponsoring auctioneer whose name and
signature are on file with the Department.
§67.80.Fees[
(a)
The
application
fee for an auctioneer license
is $50.
(b)
The
application
fee for an associate auctioneer
license is $25.
(c)
The annual application fee
to renew an auctioneer license is $50.
(d)
The annual application fee
to renew an associate auctioneer license is $25.
(e)
Late renewal fees for licenses
issued under this chapter are provided under §60.83 of this title (relating
to Late Renewal Fees).
(f)
A $25 fee will be charged for
issuing a duplicate license.
(g)
A $50 fee will be charged for
each examination.
(h)
A $500 curriculum review fee
will be assessed to all schools submitting their curriculum for review and
approval by the department.
(i)
The initial recovery fund fee
is $100.
(j)
all fees are non refundable.
§67.94.Sanctions--Revocation, Suspension, or Denial Because of a Criminal Conviction.
(a)
Pursuant to Texas
Occupations Code, Chapter
53
[
(b)
The department may initiate
administrative action to deny a license based upon proof of a final order
issued by another state if the offense against the other state's law or administrative
rules would have been an offense against the Act or these rules if committed
in Texas.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the
Office of the Secretary of State on August 4, 2006.
TRD-200604037
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 17, 2006
For further information, please call: (512) 463-6208
16 TAC §§67.41, 67.42, 67.60, 67.81 - 67.83, 67.90, 67.100 - 67.102
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Occupations Code,
Chapter 1802, and Texas Occupations Code, Chapter 51, which authorizes the
Department to adopt rules as necessary to implement this chapter and any other
law establishing a program regulated by the Department.
The statutory provisions affected by the repeal are those set forth in
Texas Occupations Code, Chapter 1802 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the proposed repeal.
§67.41.Education and Recovery Fund--Definitions.
§67.42.Education and Recovery Fund--Claims.
§67.60.Responsibilities of the Department.
§67.81.Fees--Renewal.
§67.82.Fees--Duplicate License.
§67.83.Fees--Examination.
§67.90.Sanctions--Administrative Sanctions/Penalties.
§67.100.Technical Requirements--General.
§67.101.Technical Requirements--Handling Funds.
§67.102.Technical Requirements--RecordKeeping.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 4, 2006.
TRD-200604036
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: September 17, 2006
For further information, please call: (512) 463-6208
Chapter 402.
CHARITABLE BINGO ADMINISTRATIVE RULES
Subchapter A. ADMINISTRATION
section
] shall have the following meanings, unless the context clearly
indicates otherwise.
(3)
Cheating--Attempting to obtain,
obtaining, providing, or using answers to examination questions by deceit,
fraud, dishonesty, or deception while taking a qualification examination.]
(5)
] Recurring basis--More than
once every 12 months.
Auctioneers ].
on the form provided by the department
]
along with required fees.
have
] been
employed
and trained
by a licensed auctioneer for at least two
years and
of having
[
have
] participated in
at least
ten auctions;
for applications filed after January 1, 2004,
]
show proof of successful completion of at least 80 hours of classroom instruction
at an auction school with a curriculum approved by the department.
(A)
Proprietary auction schools
having a Certificate of Approval issued by the Texas Workforce Commission
may obtain department approval by submitting an application for Auction School
Registration along with the certification.]
(B)
Other auction schools submitting
an application for Auction School Registration will be reviewed on a case
by case basis to assure that licensing applicants presenting credentials from
the schools will have completed at least 80 hours of classroom instruction
in courses relating to auctions.]
(c)
All licensees must report
any change of address to the department within 30 days.]
(d)
Licenses expire one year from
the date of issuance and must be renewed by that date to avoid late renewal
fees.]
(a)
Associate auctioneers must
be employed by, and under the direct on-premises supervision of a licensed
Texas auctioneer. An associate auctioneer shall offer his services only to
a Texas licensed auctioneer. There must be a legitimate employee-employer
relationship between the associate and the licensed auctioneer.]
(b)
An associate auctioneer must
participate in all aspects of the auction business involving the laws of this
state. To satisfy the eligibility requirements for an Auctioneer license
under the Texas Occupations Code, §1802.052(a)(3)(B) an associate auctioneer
must be licensed for two years and bid-call in at least 10 auctions, and must
participate in, but not have sole responsibility for each of the following
tasks at least once: appraising, inventorying, advertising, property make
ready, site selection and preparation, lotting, registration, clerking, cashiering,
bid-calling, ring working, property check out, security, accounting, and managing
an escrow account.]
(c)
Any change of employment by
a licensed associate auctioneer must be submitted to the department's Austin
office prior to such action and a letter must be submitted by the former employer
stating the areas in which the associate auctioneer participated and the number
of auction sales at which the associate participated as bid-caller.]
(d)
To obtain a license as an
associate auctioneer an applicant must either be a citizen of the United States
or a legal alien.]
(e)
Licenses expire one year from
the date of issuance and must be renewed by that date to avoid late renewal
fees.]
(a)
Applications for examinations
must be complete and must be postmarked at least 30 days before the scheduled
examination.]
(b)
An applicant who wishes to
reschedule his examination for a later date must notify the department in
writing, postmarked no later than five working days before the exam date.
Two free reschedules are allowed.]
(c)
An applicant who does not
take an examination for which he was scheduled, and does not notify the department
that he will not take the exam, must pay another exam fee.]
(d)
An applicant who passes an
examination may be licensed up to 90 days from the date on the grade notice
sent by the department.]
(e)
Cheating on an examination
is grounds for denial of a license.]
for one renewal period
].
(c)
The fee that is assessed by
the Department shall be in effect for a period of 12 months. The fee shall
be paid by each license holder, upon annual renewal of the license during
the 12-month period.]
(d)
]
Applicants
[
In addition to any other fees, all new applicants
] for an Auctioneer
or Associate
Auctioneer
license
shall
[
will
]
pay
the initial recovery
[
a $100
] fee to the fund before
a license will be issued.
The purpose of the Auctioneer
Education Advisory Board
] is
established
to advise the Commission
on educational matters
including those matters
relating to use
of the educational trust fund established with fees collected for the auctioneer
recovery fund.
(d)
The board shall consist of
the auctioneer members specified in the Act, the commissioner of the Texas
Department of Commerce and the commissioner of education or their designees,
and three consumers of services provided by licensed auctioneers.]
(e)
The consumers of services
should include at least one person who consigns property to auctioneers for
sale and at least one person who regularly buys at auction. Consumer members
serve for terms of two years and expire September 1 of the year of expiration.]
of the License Holder ].
auction company
] must
list
his
[
the
] license number [
under which it is
operating
] in any yellow page advertisement which consists of more than
name, address and phone number.
Any auction company using an assumed name
must furnish a copy of the assumed name registration.
]
(c)
An auctioneer who is supervising
an associate auctioneer must be on premises for any auction which is bid-called
by the associate auctioneer.]
(d)
An auctioneer or an associate
auctioneer who is licensed in Texas, or who is licensed in another state as
well as in Texas, who has been convicted of a felony or a misdemeanor either
in Texas or in another state, must notify the department no later than thirty
days after being convicted.]
(e)
An auctioneer or an associate
auctioneer who is in another state as well as in Texas, who has had his auctioneer
license in another state suspended, revoked, or renewal denied as a result
of an administrative hearing, must notify the department of the administrative
action no later than thirty days after receipt of the final order advising
of that action.]
--Original License ].
Civil Statutes, Article 6252-13c
], the
commission
[
commissioner
], after a hearing, may suspend, revoke, or
deny an existing license, or disqualify a person from receiving a license,
because that person has a felony or misdemeanor conviction that directly relates
to the duties and responsibilities involved in performing the duties of an
auctioneer. The
commission
[
commissioner
] may also,
after hearing, suspend, revoke, or deny a license because of a person's felony
probation revocation, parole revocation, or revocation of mandatory supervision.
Part 9.
TEXAS LOTTERY COMMISSION