21 NCAC 04B .0801. CONTINUING EDUCATION COURSE

(a)  To renew a license on active status, an auctioneer, apprentice auctioneer, or designated person(s) in an auction firm shall complete a Board approved course(s) consisting of the hours of instruction as established as in Paragraph (d) of this Rule and shall provide documentation of completion of the above Board approved course(s) within one year preceding license expiration.

(1)           "Within one year preceding license expiration time period" shall be defined as from May 16 to the following May 15 in the year that the license expires.

(2)           An auctioneer, apprentice auctioneer, or designated person(s) in an auction firm shall provide documentation on required continuing education courses to the Board by the May 15 deadline of the current renewal period.

(3)           If the required documentation is not received by the Board by the deadline as set forth in Subparagraph (a)(2) of this Rule, the licensee shall be assessed a late fee as set forth in Rule .0202(b)(10) of this Subchapter.

(4)           The renewal shall not be processed until compliance is achieved and the required fees are received as set forth in Rule .0402(b) of this Subchapter.

(b)  The Board shall approve courses that shall be conducted by sponsors approved by the Board under this Section.  The subject matter of this course shall be determined by the course sponsor subject to Paragraph (h) of this Rule.  The course sponsor shall produce or acquire instructor and student materials.  The course must be conducted as prescribed by the rules in this Section.  At the beginning of the course, sponsors must provide licensees participating in their classes a copy of the student materials developed or acquired by the sponsor.

(c)  The sponsor may conduct the course at any location as frequently as is desired during the approval period.  Approval of a sponsor to conduct a course authorizes the sponsor to conduct the course using an instructor who has been approved by the Board as a course instructor under Rule .0804 of this Section.

(d)  The minimum classroom hours of instruction for each year shall be six unless the Board establishes at its April monthly Board meeting fewer hours for the upcoming year pursuant to G.S. 85B-4(e1).  In determining whether fewer hours may be established, the Board shall analyze the disciplinary actions and complaints against its licensees and base its decision on whether the analysis shows that a reduction in hours is justified.

(e)  An auctioneer, an apprentice auctioneer, or a designated person(s) in an auction firm shall complete the continuing education requirements for each renewal period that their license was lapsed or suspended.

(f)  Credit hours applied to the current renewal of a license shall not be used for future renewals.

(g)  Excess continuing education hours may be carried forward as credits for a maximum of one renewal year.

(h)  The Board may mandate the topic(s) for all or part of an approved course as a continuing education requirement pursuant to G.S. 85B-4(e1).  In determining whether to mandate the topic for all or part of an approved course as a continuing education requirement, the Board shall analyze the disciplinary actions and complaints against its licensees and base its decision on whether the analysis shows that mandating the topic for all or part of a course is justified.

(i)  No part of any prelicensing course curriculum shall count as continuing education credit hours.

(j)  Continuing education shall not be required until the second renewal after initial licensing pursuant to G.S. 85B-4(e).

 

History Note:        Authority G.S. 85B-4.(e1);

Eff. July 1, 1999;

Amended Eff. April 1, 2001; January 1, 2000;

Temporary Amendment Eff. October 12, 2001;

Temporary Amendment Expired July 29, 2002;

Amended Eff. April 1, 2003.