ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 320
(Senators Whitlow, Helmick, Ross, Miller and Anderson, original
sponsors)
____________
[Passed March 9, 1996; to take effect July 1, 1996.]
____________
AN ACT to amend and reenact section three, article two-c, chapter
nineteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the licensure of
auctioneers; fees; required bond; creation of special
revenue fund for administration and enforcement and
continuing education; licensure renewals; service of
process; and depositing auctioneer application fees to the
department of agriculture.
Be it enacted by the Legislature of West Virginia:
That section three, article two-c, chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2C. AUCTIONEERS.
§19-2C-3. Procedure for license; department of agriculture as
statutory agent for licensees; fee.
Any person who wishes to conduct an auction as an auctioneer may apply for a license on forms prescribed by the commissioner
and containing such information as the commissioner may require
by a legislative rule promulgated in accordance with article
three, chapter twenty-nine-a of this code. A nonreturnable
application fee of fifty dollars shall accompany each application
as well as a license fee of fifty dollars. All fees collected
under this article shall be paid into a special revenue fund in
the state treasury to be used by the department of agriculture
for the expressed purpose of administering and enforcing this
article and for providing continuing education for auctioneers:
Provided, That for the fiscal year ending the thirtieth day of
June, one thousand nine hundred ninety-seven, fees collected
under this article shall be paid into the state fund, general
revenue.
In addition to the payment of fees, an applicant shall file
with his or her application a bond as required in section four of
this article.
The commissioner shall, within thirty days after the receipt
of an application, notify the applicant of his or her eligibility
to be examined at the next regularly scheduled examination, as
well as the date of the examination.
In the event the license is denied, the commissioner shall
refund the license fee submitted with the application to the
applicant.
Licenses issued expire on the thirty-first day of December of each year but are renewable upon the payment of the annual
license fee within sixty days of the expiration date. Renewals
received more than sixty days after the expiration date are
subject to a late renewal fee of twenty-five dollars in addition
to the annual renewal fee. The commissioner shall not renew
licenses which have been expired for more than two years and the
auctioneer or apprentice auctioneer shall take the written and
oral examination and pay the examination fee in order to renew
his or her license. The commissioner shall not renew a license
unless the applicant complies with the other requirements of this
article.
Where an auctioneer or apprentice auctioneer requires a
duplicate or replacement license or a license reflecting a change
in information, the auctioneer or apprentice auctioneer shall
submit a fee of five dollars with the request.
The state department of agriculture is the agent for the
purpose of service of process on any licensed auctioneer for any
action occasioned by the performance of the duties of the
auctioneer. Every licensed auctioneer, by virtue of his or her
application for a license, shall be considered to have consented
to the statutory agency.