Kentucky Statutes 330.070 – Apprentice auctioneer requirements — Issuance of license — Fees — Continuing education requirement — Pocket license — Duty of auctioneer upon termination of apprentice employment — Placement of licenses in escrow — …
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(1) An apprentice auctioneer applying for an auctioneer license shall, subject to the provisions of KRS § 330.060:
(a) Possess a current Kentucky apprentice auctioneer license;
(b) Serve an apprenticeship for a period of one (1) year as an apprentice auctioneer in Kentucky;
(c) Submit a statement to the board, signed by the principal auctioneer, verifying that the applicant has actively and materially participated in at least ten (10) auctions prior to application; and
(d) Successfully complete at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider. The board may waive the eighty (80) hours of approved classroom instruction requirement if the applicant demonstrates sufficient previous auction experience and competency by affidavit or other evidence as required by the board.
(2) An apprentice auctioneer with an original license issued prior to June 30, 2010, or after July 1, 2015, shall be required to successfully complete the auctioneer examination.
(3) If an applicant for an auctioneer license resides in a state which does not have a current reciprocity agreement with the board, the board may waive the eighty (80) hour education requirement or the apprenticeship requirement, or both, if the applicant demonstrates sufficient previous auction experience and competency by affidavit or by other evidence as required by the board.
(4) An applicant for an auctioneer license who has previously held an auctioneer license which has been revoked, suspended, or which has expired without renewal may request, and the board may grant, a waiver of the requirement of possession of a current apprentice license.
(5) Every application for a license issued by the board shall be submitted on forms prepared by the board. Each applicant shall furnish pertinent background data as outlined on those forms.
(6) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish an initial license fee and biennial renewal license fee. The initial license fee shall not exceed one hundred fifty dollars ($150) and the biennial renewal fee shall not exceed three hundred dollars ($300).
(a) All licenses shall expire on the thirtieth day of June of each even year. (b) Each license shall be renewed on or before the expiration date.
(c) In addition to the renewal fee, a late fee shall be established by administrative regulations promulgated by the board on each license renewed within six (6) months after the expiration date.
(d) In the absence of any reason or condition which might warrant the refusal of
renewing a license, and upon timely receipt of the renewal form and the biennial fee, the board shall issue a license for the remainder of the ensuing biennial license period.
(7) (a) The board may require as a condition precedent to the renewal of any license, that each licensee complete continuing education up to ten (10) hours per license year. The board may impose different continuing education requirements upon different classifications of licenses under this chapter. The continuing education requirements in this subsection shall not apply to those auctioneers licensed prior to January 1, 1980.
(b) A licensee who has not completed the required continuing education may, within the time period set forth in subsection (6) of this section, remit a fee established by administrative regulations promulgated by the board with the applicable renewal fees, and the continuing education reporting requirement shall be deferred to the next biennial renewal. If the licensee fails to meet the continuing education requirement for the next biennial renewal, the licensee shall successfully complete the examination before renewal of his or her license.
(c) 1. The board may require all licensees to complete a six (6) hour board- approved core course once every four (4) years, that includes the core subjects of Kentucky auction statutes and regulations, ethics, and any other subject matter deemed appropriate by the board.
2. Effective July 1, 2016, each licensee with at least twenty-five (25) years of continuous licensure shall be exempt from the requirements of this paragraph.
(8) (a) The board shall ensure that licensees may access a copy of their license certificate via an electronic portal account.
(b) Auction house operators shall display their licenses conspicuously and at all times in the auction house identified on the license.
(c) All licensees shall carry a copy of their license, or a digital facsimile thereof, when performing auctioneering tasks, to be shown upon request.
(9) When an apprentice auctioneer is discharged or voluntarily terminates employment with the auctioneer for any reason:
(a) It shall be the immediate duty of the principal auctioneer to deliver to the board a written release of the apprentice auctioneer; and
(b) The apprentice auctioneer shall affiliate with a principal auctioneer within thirty (30) days by submitting to the board an affiliation letter signed by the new principal auctioneer and a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
An apprentice auctioneer shall not perform any of the acts regulated by this chapter until receiving a new license bearing a new principal auctioneer’s name and address.
(10) (a) A licensee may place his or her license in escrow with the board if the licensee does not engage in any board-regulated auctioneering activity and continues to pay the biennial renewal license fee.
(b) For each year the license is in escrow, a licensee shall be exempt from the contribution to the auctioneer’s education, research, and recovery fund and the continuing education requirement.
(c) To reactivate a license in escrow, the licensee shall complete the core course and pay a reactivation fee and the biennial renewal recovery fee, both of which shall be established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(11) Notice in writing shall be given to the board by each licensee of any change of principal business location or residence address within ten (10) days of the change, and the board shall issue an updated license for the unexpired period. The board may fine, suspend, or revoke the license of a licensee who does not notify the board of a change of address within ten (10) days. Changing a business or a residence address on its records shall entitle the board to collect a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 24, sec. 1, effective July 14, 2022. — Amended
2015 Ky. Acts ch. 14, sec. 5, effective June 24, 2015. — Amended 2009 Ky. Acts ch.
70, sec. 7, effective June 25, 2009. — Amended 1998 Ky. Acts ch. 285, sec. 4, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 344, sec. 6, effective July 14,
1992. — Amended 1990 Ky. Acts ch. 170, sec. 5, effective July 13, 1990. — Amended
1984 Ky. Acts ch. 407, sec. 4, effective July 13, 1984. — Amended 1982 Ky. Acts ch.
79, sec. 4, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 80, sec. 4, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 315, sec. 68. — Amended 1970 Ky. Acts ch. 120, sec. 18. — Created 1962 Ky. Acts ch. 251, sec. 7.
(a) Possess a current Kentucky apprentice auctioneer license;
Terms Used In Kentucky Statutes 330.070
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Apprentice auctioneer: means any person who is employed or supervised, directly or indirectly, by an auctioneer to deal or engage in any activity in subsection (6) of this section, excluding the authority to enter into an auction listing contract or to independently maintain an auction escrow account. See Kentucky Statutes 330.020
- Auction: means any method of sale, lease, or exchange of real property, personal property, or any combination thereof, by means of competitively increasing or decreasing bids. See Kentucky Statutes 330.020
- Auction house: means any fixed-base commercial establishment at which personal property is regularly or customarily offered at auction, or at which personal property is customarily or regularly deposited and accepted, on consignment or otherwise, for sale at auction at a fixed location. See Kentucky Statutes 330.020
- Board: means the Board of Auctioneers. See Kentucky Statutes 330.020
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- principal auctioneer: means any person who offers, solicits, negotiates, or attempts to offer, solicit, or negotiate an auction listing contract, sale, lease, or exchange of real property, personal property, or any other item of value, or any combination thereof, which may lawfully be kept or offered for sale, lease, or exchange, or any combination thereof, by or at auction, or who offers the same at auction and who is allowed to supervise and accepts the responsibility of sponsoring one (1) or more apprentice auctioneers. See Kentucky Statutes 330.020
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Serve an apprenticeship for a period of one (1) year as an apprentice auctioneer in Kentucky;
(c) Submit a statement to the board, signed by the principal auctioneer, verifying that the applicant has actively and materially participated in at least ten (10) auctions prior to application; and
(d) Successfully complete at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider. The board may waive the eighty (80) hours of approved classroom instruction requirement if the applicant demonstrates sufficient previous auction experience and competency by affidavit or other evidence as required by the board.
(2) An apprentice auctioneer with an original license issued prior to June 30, 2010, or after July 1, 2015, shall be required to successfully complete the auctioneer examination.
(3) If an applicant for an auctioneer license resides in a state which does not have a current reciprocity agreement with the board, the board may waive the eighty (80) hour education requirement or the apprenticeship requirement, or both, if the applicant demonstrates sufficient previous auction experience and competency by affidavit or by other evidence as required by the board.
(4) An applicant for an auctioneer license who has previously held an auctioneer license which has been revoked, suspended, or which has expired without renewal may request, and the board may grant, a waiver of the requirement of possession of a current apprentice license.
(5) Every application for a license issued by the board shall be submitted on forms prepared by the board. Each applicant shall furnish pertinent background data as outlined on those forms.
(6) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish an initial license fee and biennial renewal license fee. The initial license fee shall not exceed one hundred fifty dollars ($150) and the biennial renewal fee shall not exceed three hundred dollars ($300).
(a) All licenses shall expire on the thirtieth day of June of each even year. (b) Each license shall be renewed on or before the expiration date.
(c) In addition to the renewal fee, a late fee shall be established by administrative regulations promulgated by the board on each license renewed within six (6) months after the expiration date.
(d) In the absence of any reason or condition which might warrant the refusal of
renewing a license, and upon timely receipt of the renewal form and the biennial fee, the board shall issue a license for the remainder of the ensuing biennial license period.
(7) (a) The board may require as a condition precedent to the renewal of any license, that each licensee complete continuing education up to ten (10) hours per license year. The board may impose different continuing education requirements upon different classifications of licenses under this chapter. The continuing education requirements in this subsection shall not apply to those auctioneers licensed prior to January 1, 1980.
(b) A licensee who has not completed the required continuing education may, within the time period set forth in subsection (6) of this section, remit a fee established by administrative regulations promulgated by the board with the applicable renewal fees, and the continuing education reporting requirement shall be deferred to the next biennial renewal. If the licensee fails to meet the continuing education requirement for the next biennial renewal, the licensee shall successfully complete the examination before renewal of his or her license.
(c) 1. The board may require all licensees to complete a six (6) hour board- approved core course once every four (4) years, that includes the core subjects of Kentucky auction statutes and regulations, ethics, and any other subject matter deemed appropriate by the board.
2. Effective July 1, 2016, each licensee with at least twenty-five (25) years of continuous licensure shall be exempt from the requirements of this paragraph.
(8) (a) The board shall ensure that licensees may access a copy of their license certificate via an electronic portal account.
(b) Auction house operators shall display their licenses conspicuously and at all times in the auction house identified on the license.
(c) All licensees shall carry a copy of their license, or a digital facsimile thereof, when performing auctioneering tasks, to be shown upon request.
(9) When an apprentice auctioneer is discharged or voluntarily terminates employment with the auctioneer for any reason:
(a) It shall be the immediate duty of the principal auctioneer to deliver to the board a written release of the apprentice auctioneer; and
(b) The apprentice auctioneer shall affiliate with a principal auctioneer within thirty (30) days by submitting to the board an affiliation letter signed by the new principal auctioneer and a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
An apprentice auctioneer shall not perform any of the acts regulated by this chapter until receiving a new license bearing a new principal auctioneer’s name and address.
(10) (a) A licensee may place his or her license in escrow with the board if the licensee does not engage in any board-regulated auctioneering activity and continues to pay the biennial renewal license fee.
(b) For each year the license is in escrow, a licensee shall be exempt from the contribution to the auctioneer’s education, research, and recovery fund and the continuing education requirement.
(c) To reactivate a license in escrow, the licensee shall complete the core course and pay a reactivation fee and the biennial renewal recovery fee, both of which shall be established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
(11) Notice in writing shall be given to the board by each licensee of any change of principal business location or residence address within ten (10) days of the change, and the board shall issue an updated license for the unexpired period. The board may fine, suspend, or revoke the license of a licensee who does not notify the board of a change of address within ten (10) days. Changing a business or a residence address on its records shall entitle the board to collect a fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 24, sec. 1, effective July 14, 2022. — Amended
2015 Ky. Acts ch. 14, sec. 5, effective June 24, 2015. — Amended 2009 Ky. Acts ch.
70, sec. 7, effective June 25, 2009. — Amended 1998 Ky. Acts ch. 285, sec. 4, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 344, sec. 6, effective July 14,
1992. — Amended 1990 Ky. Acts ch. 170, sec. 5, effective July 13, 1990. — Amended
1984 Ky. Acts ch. 407, sec. 4, effective July 13, 1984. — Amended 1982 Ky. Acts ch.
79, sec. 4, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 80, sec. 4, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 315, sec. 68. — Amended 1970 Ky. Acts ch. 120, sec. 18. — Created 1962 Ky. Acts ch. 251, sec. 7.