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Terms Used In Tennessee Code 62-19-111

  • Affiliate auctioneer: means an individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by a principal auctioneer to deal or engage in any activity described in subdivision (9). See Tennessee Code 62-19-101
  • Auction: means a sales transaction conducted by oral, written, or electronic exchange between an auctioneer and members of the audience, consisting of a series of invitations by the auctioneer for offers to members of the audience to purchase goods or real estate, culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience. See Tennessee Code 62-19-101
  • Auctioneer: means a principal auctioneer, bid caller auctioneer, or public automobile auctioneer. See Tennessee Code 62-19-101
  • Commission: means the Tennessee auctioneer commission. See Tennessee Code 62-19-101
  • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
  • Person: includes an individual, association, partnership, corporation, and the officers, directors, and employees of a corporation. See Tennessee Code 62-19-101
  • Principal auctioneer: means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration by the means or process of auction or sale at auction, offers and executes a listing contract, sale, purchase, or exchange of goods, and is responsible for the management and supervision of an auction company, including its wholly owned subsidiary or affiliate company. See Tennessee Code 62-19-101
  • Public automobile auctioneer: means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration at an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, including motor vehicles. See Tennessee Code 62-19-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) An individual applying for a license as a bid caller auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by satisfactory proof that the applicant:

(A) Is at least eighteen (18) years of age; and
(B) Has successfully completed sixteen (16) hours of classroom or online instruction on the basic fundamentals of auctioneering at an auction school accredited by the commission; and
(2) Auction chant instruction is optional and is not to be included in the basic fundamentals of auctioneering, nor may auction chant instruction be completed online.
(b) An individual applying for a license as an affiliate auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and must prove that the applicant:

(1) Is at least eighteen (18) years of age; and
(2) Has successfully completed, in addition to the education requirements under subdivision (a)(1)(B), thirty-four (34) hours of classroom or online instruction in the fundamentals of auctioneering at an auction school accredited by the commission.
(c) An individual applying for a license as a principal auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and must prove that the applicant:

(1) Is at least eighteen (18) years of age;
(2) Has served as an affiliate auctioneer under the supervision of a licensed, full-time principal or public automobile auctioneer for a period of six (6) months; and
(3) Has obtained a high school diploma or high school equivalency credential approved by the state board of education.
(d) The commission may require other proof as necessary, through the application or otherwise, to assess the honesty, trustworthiness, integrity, reputation, and competency of the auctioneer applicant.
(e) An individual who meets the requirements of subsections (b)-(d) may take an examination prescribed by the commission to determine the individual’s qualifications. The examination must include, but not be limited to, reading, writing, spelling, elementary arithmetic, elementary principles of land economics, ethics, the law of this state relating to bulk sales, auctions and brokerage, and the provisions of this chapter. The examination for a principal auctioneer’s license must be more specific in nature and scope than the examination for an affiliate auctioneer’s license.
(f) An applicant who fails an examination shall pay a fee as set by the commission for each reexamination.
(g) The commission shall issue a license and pocket card, upon receipt of the appropriate fee as set by the commission, to an applicant who meets the requirements for licensure under this chapter. The license must be conspicuously displayed at all times in the office of the licensee.
(h) Except as provided in § 62-19-117, every auctioneer licensed under this chapter shall maintain a place of business in this state. A bid caller licensee may list their home address as their place of business with the commission.
(i) All licenses issued by the commission expire two (2) years from the original date the license was issued. Each license must be renewed on or before its expiration date.
(j) If a licensee fails to renew a license on or before its expiration date, the commission may, in its discretion, renew the license upon application within two (2) months of the expiration date. The application must be accompanied by the prescribed fee and payment of a monetary penalty as set by the commission. A person seeking to renew a license later than two (2) months after its expiration must reapply for licensure. The commission may, in its discretion:

(1) Waive reexamination or additional education requirements for the applicant; or
(2) Reinstate a license subject to the applicant’s compliance with reasonable conditions that the commission may prescribe, including payment of an additional reasonable fee to be set by the commission.
(k) When fees are remitted by mail to the commission, the date of payment is determined by the official postmark of the mail.
(l) When an affiliate auctioneer’s employment with an auctioneer is terminated for any reason, the auctioneer shall immediately deliver, or send by registered mail, the affiliate auctioneer’s license to the commission. The affiliate auctioneer shall not engage in the business of an auctioneer until the affiliate auctioneer receives a new license and pocket card for the unexpired term bearing the name and address of the new employer. The fee for the new license and pocket card is set by the commission.
(m) No more than one (1) license may be issued to an affiliate auctioneer to be in effect at any one (1) time.
(n) No license issued by the commission may authorize the licensee to engage in business at a location other than what is stated on the license. A licensee shall immediately notify the commission in writing in the event of a change of business location. The written notice must be accompanied by the current license and pocket card and a fee as set by the commission.
(o) Auctions for the sale of registered livestock must be conducted by a licensed auctioneer. The auctioneer is exempt from issuing closing statements and disbursing funds if such responsibilities are performed by a duly chartered livestock association or livestock breed association.
(p) An affiliate auctioneer may be employed by a licensed auctioneer who is not designated as the affiliate’s sponsor upon receiving written permission from the affiliate’s sponsor and notifying the commission of the employment in the proper form and manner as prescribed by rules promulgated by the commission. An auctioneer employing an affiliate who is not under the auctioneer’s sponsorship is responsible for the actions of the affiliate while under that auctioneer’s employment. The sponsor is responsible for the actions of the affiliate at all other times.
(q) The commission may deny an applicant for an affiliate auctioneer or auctioneer the right to take an examination for a period of up to two (2) years if the applicant is found by the commission to have conducted business within this state as an affiliate auctioneer or auctioneer without being licensed.
(r) An individual applying for a license as a public automobile auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that the applicant:

(1) Is at least eighteen (18) years of age;
(2) Has served as a principal auctioneer for a period of two (2) years; and
(3) Has successfully completed, in addition to the education required by subdivision (b)(2), fifteen (15) hours of more rigorous classroom or online instruction in automobile auctioneering as approved by the commission.
(s) An individual who receives a public automobile auctioneer license may exercise all activities authorized under a principal auctioneer license or bid caller license without having to meet additional licensure requirements.
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