Code of Alabama - Title 34: Professions and Businesses - Chapter 4 - Auctioneers

• Article 1 General Provisions.
• Section 34-4-1 Short title
  This chapter shall be known and may be cited as the Auctioneers License Act.
• Section 34-4-2 Definitions
  For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section: (1) AUCTIONEER. Any person who...
• Section 34-4-3 Exemptions from chapter
  The provisions of this chapter and the terms "auctioneer," "apprentice auctioneer," "auction business or business of auctioneering," as defined in Section 34-4-2, shall not apply...
• Section 34-4-4 Enforcement of chapter
  The Board of Auctioneers is hereby authorized and empowered to adopt, fix, and establish all rules and regulations necessary for the proper administration and enforcement...
• Section 34-4-5 Actions for collection of compensation
  No person engaged in the business of or acting in the capacity of an auctioneer or an apprentice auctioneer shall bring or maintain any action...
• Section 34-4-6 Limitation on authority of political subdivisions
  No political subdivision of this state shall have the power or authority after September 5, 1973, to levy or collect any license tax from or...
• Section 34-4-7 Penalties
  (a) Any person violating this chapter, shall, upon conviction, be guilty of a Class A misdemeanor, subject to a fine or imprisonment, or both. (b)...
• Article 2 Licenses.
• Section 34-4-20 Required
  It shall be unlawful for any person, partnership, association, or corporation in any county of this state to act as an auctioneer or apprentice auctioneer,...
• Section 34-4-21 Application and examination; fees; expiration, renewal of licenses; continuing education; discharge of apprentice; change of address
  (a) Any person desiring to enter into the auction business and obtain a license as an auctioneer or apprentice auctioneer shall make written application for...
• Section 34-4-22 Register of applicants
  The secretary of the board shall keep a register of all applicants for license, showing for each the date of application, name, place of business,...
• Section 34-4-23 License as evidence of rights and privileges
  The issuance of a license by the board shall be evidence that the person, partnership, association, or corporation named therein is entitled to all the...
• Section 34-4-24 Bond required
  Each application for an auctioneer's or apprentice auctioneer's license shall be accompanied by a bond in the amount of $10,000. The bond shall be a...
• Section 34-4-25 Licensing of nonresidents
  A nonresident of this state, or a resident of this state who is licensed by another state, may become an auctioneer or apprentice auctioneer in...
• Section 34-4-26 Mailing address
  Each licensee must have a definite mailing address such as street name and number or RFD number. A post office box only will not be
• Section 34-4-27 Privilege licenses
  Each auctioneer shall annually pay one state license in an amount not to exceed two hundred fifty dollars ($250). Each auctioneer shall also annually pay...
• Section 34-4-28 Authority under license not transferable; effect of license issued to corporation, association or partnership
  Authority to transact business as an auctioneer under any license issued by the board shall be restricted to the person named in such license and...
• Section 34-4-29 Revocation or suspension - Procedure generally; grounds; notice and hearing required before denial, suspension, or revocation; administrative fines
  (a) The board may revoke or suspend licenses as provided in this section. (b) The board may, upon its own motion, and shall, upon the...
• Section 34-4-30 Revocation or suspension - Procedure for hearings; immunity of board
  (a) The board may administer oaths and prescribe all necessary and reasonable rules for the conduct of a hearing. The board may take testimony of...
• Section 34-4-31 Revocation or suspension - Resulting from judgment in damage action
  Whenever any person, partnership, association or corporation claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty, or misconduct on the...
• Section 34-4-32 Effect on license of apprentice auctioneer
  The revocation of an auctioneer's license shall automatically suspend every apprentice auctioneer's license granted to any person by virtue of his or her employment by...
• Section 34-4-33 Revocation or suspension - Notice of appeal; decision stayed; record and complaint filed; procedures; costs
  (a) Findings of the board with regard to the suspension or revocation of a license or the imposition of an administrative fine shall be final...
• Article 3 Board of Auctioneers.
• Section 34-4-50 Appointment; composition; powers and duties; expenses; seal; public records
  (a) The Governor shall appoint a State Board of Auctioneers to be comprised of seven auctioneer members and one consumer member. Except as otherwise provided...
• Section 34-4-51 Certificates of appointment to board; legal assistance; prosecution of complaints
  Each member of the board shall receive a certificate of appointment from the Governor before entering upon the discharge of the duties of his or...
• Section 34-4-52 Meetings; quorum
  The board shall meet at least four times each year, in January, April, July, and October, for the purpose of transacting business as may properly...
• Section 34-4-53 Compensation of members
  Members of the board shall each receive compensation in an amount of three hundred dollars ($300) per day and travel allowance as is paid to...
• Section 34-4-54 Record of proceedings; funds; audit
  The executive director of the board shall keep a record of the proceedings of the board. The board shall deposit all the funds received and...

Last modified: May 3, 2021