Virginia Code 54.1-603: License required; requirements for licensure; nonresident applicants
A. Unless exempted by § 54.1-601, no person or firm shall sell at auction without being licensed by the Board.
Terms Used In Virginia Code 54.1-603
- Auction: means the sale of goods or real estate by means of exchanges between an auctioneer and members of his audience, the exchanges consisting of a series of invitations for offers made by the auctioneer, offers made by members of the audience, and acceptance by the auctioneer of the highest or most favorable offer. See Virginia Code 54.1-600
- Auctioneer: means any person who conducts or offers to conduct an auction. See Virginia Code 54.1-600
- Board: means the Auctioneers Board. See Virginia Code 54.1-600
- Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-600
- Person: means any natural person, association, partnership, or corporation, and the officers, directors, and employees of a corporation. See Virginia Code 54.1-600
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. Any auctioneer desiring to obtain a license may apply to the Board and shall establish to the satisfaction of the Board that he:
1. Is a resident of Virginia and meets the application fee requirements set by the Board;
2. Is covered by a surety bond, executed by a surety company authorized to do business in this Commonwealth, in a reasonable amount to be fixed by the Board, conditioned upon the faithful and honest conduct of his business or employment;
3. Has successfully completed a course of study at a school of auctioneering which has obtained course approval from the Board or an equivalent course; and
4. Has passed the Virginia Licensed Auctioneer‘s Examination, administered by the Auctioneers Board.
C. A nonresident of the Commonwealth may be licensed as an auctioneer by meeting one of the following requirements: (i) conform to the provisions of this chapter and regulations of the Board with reference to resident auctioneers or (ii) hold a valid auctioneer’s license or certificate in another state with which reciprocity has been established by the Board. Nonresident applicants shall also file with the Board an irrevocable consent that service of process upon the Director is as valid and binding as service of process upon the applicant.
Any process or pleading served upon the Director shall be filed by the Director in his office and a copy thereof immediately forwarded by registered mail to the main office of the auctioneer at the last known address.
1983, c. 522, § 54-824.9:1; 1986, c. 61; 1988, c. 765; 1991, c. 299; 1996, cc. 438, 822; 1997, c. 281; 2010, c. 91.