21 NCAC 04B .0403. APPRENTICE AUCTIONEER LICENSE

(a)  An apprentice auctioneer's license is valid only while he is associated with and supervised by a licensed auctioneer assigned by the Board.  In order to be assigned by the Board as a supervisor, the Board must receive a written notice, signed by the prospective supervisor and the apprentice, requesting that the licensed auctioneer be assigned as a supervisor for the apprentice.  Upon receipt of such a request, the Board shall evaluate the requested assignment and such requested assignment may be denied by the Board if the prospective supervisor fails to possess a minimum of five years of active experience in the auctioneering profession or an equivalent combination of training and experience or has committed any act which constitutes grounds for license suspension or revocation under the rules of this Subchapter or under G.S. 85B.  Upon termination of the association between the supervisor and the apprentice, the supervisor shall immediately notify the Board in writing, showing the date and cause of termination.

(b)  The supervising auctioneer shall be on the premises of the sale location and supervise the apprentice auctioneer at any and all times that an apprentice auctioneer is engaged in bid calling.  Additionally, the supervising auctioneer shall supervise the apprentice on a regular basis and ensure that the apprentice auctioneer conforms with the auctioneer law and Rules adopted by the Board.

(c)  Any licensed auctioneer who undertakes the sponsorship of an apprentice auctioneer shall ensure that the apprentice receives training, supervision, and guidance in the following:

(1)           A practical and working knowledge of the auction business including fundamentals of auctioneering, contract drafting, bid calling, basic mathematical computations, advertising, and settlement statements;

(2)           The provisions of the licensing law;

(3)           The Rules of the Board; and

(4)           The preparation and maintenance of written agreements, record books, and other sales records as required by law.

(d)  Apprentices are prohibited from conducting or contracting to conduct any auction without the prior express written consent of the sponsor.  No sponsor shall authorize an apprentice to conduct or contract to conduct an auction, to act as principal auctioneer or handle any funds related to an auction unless the sponsor has determined that the apprentice has received adequate training to do so.  An apprentice auctioneer may work under more than one Board approved licensed auctioneer at any given time.

(e)  The sponsor shall ensure that the apprentice complies with all of the laws and Rules as they apply to any auction related transaction approved by the sponsor.

(f)  An apprentice auctioneer shall notify the Board, in writing, immediately upon termination of his association with his supervising auctioneer, at which time his license shall be immediately held in an invalid status.  If an apprentice auctioneer's supervising auctioneer's license has been suspended, revoked, or placed on probation the apprentice auctioneer's license shall be immediately held in an invalid status.  Once in an invalid status, an apprentice auctioneer shall not conduct or contract to conduct any auction.  If an apprentice's license is invalid greater than 90 days due to a lack of an approved sponsor, the apprentice upon securing an approved sponsor shall be required to submit a late fee set forth in 21 NCAC 04B .0202(b)(10).

 

History Note:        Authority G.S. 85B-3.1; 85B-4;

Eff. November 1, 1984;

Amended Eff. April 1, 2001; April 1, 1996; January 1, 1995; June 1, 1991.