CHAPTER 3. LICENSING
IC 25-6.1-3
Chapter 3. Licensing
IC 25-6.1-3-1
Coverage
Sec. 1. Coverage. (a) Except as provided in subsection (b) of thissection, no individual may act as an auctioneer and no person mayoperate an auction house or an auction company without obtainingand having in full force and effect a valid license issued by thecommission in accordance with this chapter.
(b) The requirements of this article do not apply to:
(1) An auction of goods or real estate conducted exclusively byindividuals who personally own such goods or real estate andwho did not acquire such goods or real estate for resale.
(2) An auction conducted by or under the direction of anypublic authority.
(3) An auction conducted pursuant to any judicial order or tothe settlement of a decedent's estate.
(4) A sale conducted by or on behalf of any political party,church, charitable corporation or association if the individualconducting the sale receives no compensation and does not, byadvertising or otherwise, hold himself out as being available toengage in the sale of goods or real estate at auction.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.8-1993,SEC.374.
IC 25-6.1-3-2
Auctioneer license
Sec. 2. (a) Every individual, before acting as an auctioneer, mustobtain a license from the commission.
(b) An applicant for a license must:
(1) be at least eighteen (18) years of age;
(2) have completed at least eighty (80) actual hours of auctioninstruction from a course provider approved by the commission;
(3) not have a conviction for:
(A) an act which would constitute a ground for disciplinarysanction under IC 25-1-11; or
(B) a felony that has a direct bearing on the applicant'sability to practice competently.
(c) Auction instruction required under subsection (b) must providethe applicant with knowledge of all of the following:
(1) The value of real estate and of various goods commonlysold at an auction.
(2) Bid calling.
(3) Sale preparation, sale advertising, and sale summary.
(4) Mathematics.
(5) The provisions of this article and the commission's rules.
(6) Any other subject matter approved by the commission.
(d) An individual seeking an initial license as an auctioneer underthis article shall file with the commission a completed application on
the form prescribed by the commission. When filing an applicationfor an auctioneer license, each individual shall pay a nonrefundableexamination fee established by the commission under IC 25-1-8-2.
(e) When applying for a renewal of an auctioneer license, eachindividual shall do the following:
(1) Apply in a manner required by the commission, includingcertification by the applicant that the applicant has compliedwith the requirements of IC 25-6.1-9-8, unless the commissionhas granted the applicant a waiver under IC 25-6.1-9-9.
(2) Pay the renewal fee established by the commission underIC 25-1-8-2.
(f) Upon the receipt of a completed application for an initial or arenewal license, the commission shall examine the application andmay verify the information contained therein.
(g) An applicant who is seeking an initial license must pass anexamination approved by the commission that covers subjects andtopics of knowledge required to practice as an auctioneer. Thecommission shall hold examinations as the commission mayprescribe.
(h) The commission shall issue an auctioneer's license, in suchform as it may prescribe, to each individual who meets all of therequirements for licensing and pays the appropriate fees.
(i) Auctioneer licenses shall be issued for a term of four (4) years.A license expires at midnight on the date established by the licensingagency under IC 25-1-6-4 and every fourth year thereafter, unlessrenewed before that date. If the license has expired, it may bereinstated not later than four (4) years after the date it expired if thelicense holder meets the requirements of IC 25-1-8-6(c).
(j) If a license has expired for a period of more than four (4) years,the holder of the license may have the license reinstated by satisfyingthe requirements for reinstatement under IC 25-1-8-6(d).
(k) The commission may waive the requirement that a nonresidentapplicant pass an examination and that the nonresident submitwritten statements by two (2) individuals, if the nonresidentapplicant:
(1) is licensed to act as an auctioneer in the state of theapplicant's domicile;
(2) submits with the application a duly certified letter ofcertification issued by the licensing board of the applicant'sdomiciliary state;
(3) is a resident of a state whose licensing requirements aresubstantially equal to the requirements of Indiana;
(4) is a resident of a state that grants the same privileges to thelicensees of Indiana; and
(5) includes with the application an irrevocable consent thatactions may be commenced against the applicant. The consentshall stipulate that service of process or pleadings on thecommission shall be taken and held in all courts as valid andbinding as if service of process had been made upon theapplicant personally within this state. If any process or pleading
mentioned in this subsection is served upon the commission, itshall be by duplicate copies. One (1) of the duplicate copiesshall be filed in the office of the commission and one (1) shallbe immediately forwarded by the commission by registered orcertified mail to the applicant against whom the process orpleadings are directed.
(l) The commission may enter into a reciprocal agreement withanother state concerning nonresident applicants.
(m) The commission may, for good cause shown, upon the receiptof an application for a license, issue a temporary permit for suchreasonable period of time, not to exceed one (1) year, as thecommission deems appropriate. A temporary permit has the sameeffect as a license and entitles and subjects the permittee to the samerights and obligations as if the individual had obtained a license.
(n) An applicant for a temporary permit must do the following:
(1) File an examination application.
(2) Pass the examination at one (1) of the next two (2) regularlyscheduled examinations.
(o) An individual who does not pass the examination requiredunder subsection (n) may not be issued a temporary permit.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.5; Acts 1981, P.L.222, SEC.39; Acts 1982, P.L.113,SEC.32; P.L.3-1990, SEC.87; P.L.214-1993, SEC.14; P.L.238-1995,SEC.2; P.L.23-2003, SEC.3; P.L.194-2005, SEC.19; P.L.157-2006,SEC.25; P.L.105-2008, SEC.16.
IC 25-6.1-3-3
Auction house license
Sec. 3. (a) This section does not apply to an organization thatoperates a wholesale dealer automobile auction.
(b) Every person, before operating an auction house, must obtaina license from the commission for that auction house.
(c) Except as provided in subsection (d), before applying for alicense from the commission to operate an auction house, thefollowing must obtain a license as an auctioneer as provided insection 2 of this chapter:
(1) An individual who seeks to operate an auction house.
(2) One (1) or more individuals designated by an organizationthat seeks to operate an auction house.
(d) Subsection (c) does not apply to:
(1) a person that holds a valid license for an auction house as ofJune 30, 1998; or
(2) a person that holds a valid renewal of a license described insubdivision (1).
(e) Every applicant seeking to operate an auction house shall filewith the commission a completed application on a form provided bythe commission for a license for each auction house to be operatedby that person. Each application shall be accompanied by the licensefee prescribed by section 5 of this chapter and a surcharge describedin IC 25-6.1-8-2. (f) Upon the receipt of a completed application for an initial or arenewal license, the commission shall examine the application andmay verify the information contained therein.
(g) If the commission determines that the application has beencompleted and that the statements made therein by the applicant aretrue, the commission shall issue a license, in such form as it mayprescribe, for such auction house.
(h) Auction house licenses shall expire on a date established bythe licensing agency under IC 25-1-6-4, and every fourth yearthereafter.
(i) If the holder of an auction house license does not renew thelicense by the date established by the licencing agency, the licenseexpires and becomes invalid without any action taken by thecommission.
(j) The holder of an auction house license that has been expiredfor not more than four (4) years may have the license reinstated bymeeting the requirements under IC 25-1-8-6(c).
(k) The holder of an auction house license that has been expiredfor more than four (4) years may have the license reinstated bysatisfying the requirements for reinstatement under IC 25-1-8-6(d).
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.6; P.L.3-1990, SEC.88; P.L.214-1993, SEC.15;P.L.84-1998, SEC.19; P.L.23-2003, SEC.4; P.L.105-2008, SEC.17.
IC 25-6.1-3-4
Auction company license
Sec. 4. (a) Every person other than:
(1) an individual who is a licensed auctioneer; or
(2) an individual who has a licensed auction house;
who is seeking to operate as an auction company must obtain alicense from the commission. Notwithstanding the fact that anindividual who is a licensed auctioneer or an individual who has alicensed auction house also has an interest in an organization, everyorganization which seeks to operate an auction company must obtaina license for that auction company.
(b) Every such person shall file with the commission a completedapplication on the form prescribed by the commission. Eachapplication shall be accompanied by the license fee prescribed bysection 5 of this chapter and a surcharge described in IC 25-6.1-8-2.
(c) Upon the receipt of a completed application for an initial orrenewal license, the commission shall examine the application andmay verify the information contained therein.
(d) Upon a determination by the commission that an applicationis completed and duly verified, the commission shall issue an auctioncompany license, in such form as it may prescribe, to the applicant.
(e) Auction company licenses shall expire on a date establishedby the licensing agency under IC 25-1-6-4, and every fourth yearthereafter.
(f) If the holder of an auction company license does not renew thelicense by the date established by the licensing agency, the license
expires and becomes invalid without any action taken by thecommission.
(g) The holder of an auction company license that has beenexpired for not more than four (4) years may have the licensereinstated by meeting the requirements under IC 25-1-8-6(c).
(h) The holder of an auction company license that has beenexpired for more than four (4) years may have the license reinstatedby satisfying the requirements for reinstatement underIC 25-1-8-6(d).
(i) Any individual who wishes to operate an auction company, andwho is exempt under subsection (a) from obtaining an auctioncompany license, shall, not more than thirty (30) days before the dateon which the individual begins to operate an auction company, notifythe commission, in a writing signed by the individual, that theindividual is operating as an auction company or as more than one(1) auction company. The individual shall specify in such writtennotification the trade or business name, and the address of theprincipal place of business, of each auction company which theindividual operates. Whenever an individual to whom this subsectionapplies shall discontinue the operation of an auction companytheretofore operated by the individual, or shall change its address ortrade or business name, the individual shall promptly notify thesecretary of the commission of such discontinuance or change, in awriting signed by the individual.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts 1980,P.L.163, SEC.7; P.L.3-1990, SEC.89; P.L.214-1993, SEC.16;P.L.23-2003, SEC.5; P.L.105-2008, SEC.18.
IC 25-6.1-3-5
License fee; surcharge
Sec. 5. At the time of obtaining a license under this chapter, thelicensee shall pay:
(1) the license fee established by the commission underIC 25-1-8-2; and
(2) a surcharge under IC 25-6.1-8 for deposit in the auctioneerrecovery fund.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.256-1987,SEC.2; P.L.23-2003, SEC.6; P.L.194-2005, SEC.20.
IC 25-6.1-3-6
License requirement; "auction house" defined
Sec. 6. All auctions arranged by or through an auction house or anauction company shall be conducted exclusively by individuals whoare licensed as auctioneers under this chapter. For purposes of thissubsection only, the term "auction house" includes a sale barn or salepavilion that is used exclusively for the auctioning of livestock andis licensed by the Indiana state board of animal health.
As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-3-7 Display of license
Sec. 7. Display of License. Every person licensed under thisarticle shall display his license or a certified copy of it issued by thecommission in the full and unobstructed view of the public at hisprincipal place of business.
As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-3-8
Duplicates and certified copies of licenses; fees
Sec. 8. (a) The commission may charge the fee established underIC 25-1-8-2 as the cost of providing duplicate licenses to replace lostor destroyed licenses.
(b) The commission may charge a fee established underIC 25-1-8-2 for the cost of verifying a license to another state.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.235-1995,SEC.2; P.L.194-2005, SEC.21.
IC 25-6.1-3-9
Cease and desist order
Sec. 9. Cease and Desist Order. (a) When the commissiondetermines that a person not licensed under this article is engaged inor is believed to be engaged in activities for which a license isrequired under this article, the commission may issue an order to thatperson requiring him to show cause why he should not be ordered tocease and desist from such activities. The show cause order shall setforth a time and place for a hearing at which the affected person mayappear and show cause as to why he should not be subject tolicensing under this article.
(b) If the commission, after a hearing, determines that theactivities in which the person is engaged are subject to licensingunder this article, the commission may issue a cease and desist orderwhich shall describe the person and activities which are the subjectof the order.
(c) A cease and desist order issued under this section shall beenforceable in the circuit courts of this state.
As added by Acts 1977, P.L.270, SEC.1.
IC 25-6.1-3-10
Denial of license; rights and remedies
Sec. 10. Any person who makes proper and complete applicationto the commission and who is denied a license under this article hasall of the rights and remedies prescribed in IC 4-21.5.
As added by Acts 1977, P.L.270, SEC.1. Amended by P.L.7-1987,SEC.113.