Senate Bill No. 320
(By Senators Whitlow, Helmick, Ross, Miller and Anderson)
[Originating in the Committee on Finance;
reported February 27, 1996.]
A BILL 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
or regulation require.
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 the general
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.
In addition to the payment of fees, an applicant shall file
with his or her application a bond as required in section four of
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
such the examination.
In the event the license is denied,
the applicant shall be
refunded the commissioner shall refund the license fee submitted
with the application to the applicant.
shall expire on the thirty-first day of
December of each year but shall be are renewable upon the payment
of the annual license fee within sixty days of the expiration
date. Provided, That licenses issued for fiscal year one thousand nine hundred ninety-one will be extended, at no
additional fee, through the thirty-first day of December, one
thousand nine hundred ninety-one. 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 will not be renewed and
the auctioneer or apprentice auctioneer will be required to shall
take the written and oral examination and to pay the examination
fee in order to renew his or her license. No renewal will be
made The commissioner shall not renew a license unless the
applicant complies with the other requirements of this article
are complied with.
Should Where an auctioneer or apprentice auctioneer requires
a duplicate or replacement license or a license reflecting a
change in information be required, the auctioneer or apprentice
auctioneer must shall submit with such request 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
auctioneer. Every licensed auctioneer, by virtue of his or her
application for a license, shall be considered to have consented
to such the statutory agency.
(NOTE: The purpose of this bill is to require auctioneer
application fees to be deposited with the department of
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)