Kentucky HB 436: AN ACT relating to auctioneer licensure.

Bill Text

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AN ACT relating to auctioneer licensure. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 330.070 is amended to read as follows: 3
(1) An apprentice auctioneer applying for an auctioneer license shall, subject to the 4
provisions of KRS 330.060: 5
(a) Possess a current Kentucky apprentice auctioneer license; 6
(b) Serve an apprenticeship for a period of one (1) year as an apprentice 7
auctioneer in Kentucky; 8
(c) Submit a statement to the board, signed by the principal auctioneer, verifying 9
that the applicant has actively and materially participated in at least ten (10) 10
auctions prior to application; and 11
(d) Successfully complete at least eighty (80) hours of approved classroom 12
instruction from a board-approved auction education provider. The board may 13
waive the eighty (80) hours of approved classroom instruction requirement if 14
the applicant demonstrates sufficient previous auction experience and 15
competency by affidavit or other evidence as required by the board. 16
(2) An apprentice auctioneer with an original license issued prior to June 30, 2010, or 17
after July 1, 2015, shall be required to successfully complete the auctioneer 18
examination. 19
(3) If an applicant for an auctioneer license resides in a state which does not have a 20
current reciprocity agreement with the board, the board may waive the eighty (80) 21
hour education requirement or the apprenticeship requirement, or both, if the 22
applicant demonstrates sufficient previous auction experience and competency by 23
affidavit or by other evidence as required by the board. 24
(4) An applicant for an auctioneer license who has previously held an auctioneer license 25
which has been revoked, suspended, or which has expired without renewal may 26
request, and the board may grant, a waiver of the requirement of possession of a 27

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current apprentice license. 1
(5) Every application for a license issued by the board shall be submitted on forms 2
prepared by the board. Each applicant shall furnish pertinent background data as 3
outlined on those forms. 4
(6) The board shall promulgate administrative regulations in accordance with KRS 5
Chapter 13A to establish an initial license fee and biennial[annual] renewal license 6
fee, neither of which shall exceed one hundred fifty dollars ($150) per year. 7
(a) All licenses shall expire on the thirtieth day of June. 8
(b) Each license shall be renewed on or before the expiration date. 9
(c) In addition to the renewal fee, a late fee shall be established by administrative 10
regulations promulgated by the board on each license renewed within six (6) 11
months after the expiration date. 12
(d) In the absence of any reason or condition which might warrant the refusal of 13
renewing a license, and upon timely receipt of the renewal form and the 14
biennial[annual] fee, the board shall issue a license for the ensuing two 15
years[year]. 16
(7) (a) The board may require as a condition precedent to the renewal of any license, 17
that each licensee complete continuing education up to ten (10) hours per 18
license year. The board may impose different continuing education 19
requirements upon different classifications of licenses under this chapter. The 20
continuing education requirements in this subsection shall not apply to those 21
auctioneers licensed prior to January 1, 1980. 22
(b) A licensee who has not completed the required continuing education may, 23
within the time period set forth in subsection (6) of this section, remit a fee 24
established by administrative regulations promulgated by the board with the 25
applicable renewal fees, and the continuing education reporting requirement 26
shall be deferred to the next biennial[annual] renewal. If the licensee fails to 27

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meet the continuing education requirement for the next biennial[annual] 1
renewal, the licensee shall successfully complete the examination before 2
renewal of his or her license. 3
(c) 1. The board may require all licensees to complete a six (6) hour board-4
approved core course once every four (4) years, that includes the core 5
subjects of Kentucky auction statutes and regulations, ethics, and any 6
other subject matter deemed appropriate by the board. 7
2. Effective July 1, 2016, each licensee with at least twenty-five (25) years 8
of continuous licensure shall be exempt from the requirements of this 9
paragraph. 10
(8) The board shall prepare and deliver to each licensee a pocket license. The pocket 11
license of the apprentice auctioneer shall contain the name and address of his or her 12
principal auctioneer. The board shall also prepare and deliver a license to each 13
auction house operator. 14
(a) Auction house operators shall display their licenses conspicuously and at all 15
times in the auction hou