You asked if other states require an applicant for an auctioneer license to take an examination to prove he is qualified.

SUMMARY

We identified three states that require (1) auctioneers to be licensed by a state agency and (2) license applicants to pass an examination: Florida, Maine, and Massachusetts. Florida and Maine vest licensing authority in boards established for the purpose.

Florida requires the licensing board to approve the exam. Massachusetts requires the board to determine qualifications based on an exam conducted by a nationally-recognized testing service. Maine requires its board to determine the contents of the exam. Florida and Massachusetts both require auctioneers to complete a course before qualifying to take the exam.

FLORIDA

Florida requires auctioneers to be licensed by the state. The Florida Board of Auctioneers within the Department of Business and Professional Regulation must certify that the applicant is qualified. Applicants must pass a written board-approved examination that tests his general knowledge of the Uniform Commercial Code relating to

auctions and the state law on auctions. To qualify to take the exam, an applicant must have served as an apprentice for at least one year and passed a board-approved course consisting of at least 80 hours of classroom instruction.

An auctioneer who operates without a license or who conducts his business in a way prohibited by the auctioneering law commits a felony, punishable with up to five years in prison. Violators are also subject to (1) license revocation, (2) an administrative penalty imposed by the board of up to $ 1,000, and (3) a reprimand (Fla. Stat. Ann §§ 468. 381 to 468. 399).

MAINE

Maine requires auctioneers to be licensed by the state Board of Licensing of Auctioneers. Licensure applicants must pass an examination, the content of which is determined by the board.

Maine exempts from the auctioneer law: sales of one's own goods; auctions conducted for a charitable, educational, religious, or nonprofit organization; sales made under a court order; sales of pedigreed animals; foreclosure sales; or sales tax-acquired property.

A violator commits a class E penalty and is subject to a penalty of up to six months in prison (Me. Rev. Stat. Ann. T. 32 §§ 284 to 299).

MASSACHUSETTS

Massachusetts requires auctioneers to be licensed by the state's Office of Consumer Affairs. An “auctioneer” is anyone who, for a commission or other fee and by means of an auction or other means, negotiates the sale of property.

A license applicant must show that he has successfully completed a course of study recognized by the National Auctioneers Association and passed a written examination conducted by an independent testing service concerning (1) appropriate knowledge of technical terms; (2) an understanding of the problems likely to be encountered when conducting an auction; (3) appropriate reading comprehension, writing and spelling skills, and knowledge of basic mathematics; and (4) understanding the types of misconduct which would warrant disciplinary proceedings.

Applicants must also post a $ 10,000 bond with the state to guarantee the payment of fines and judgments. Service of process on any licensed auctioneer may be made on the director of the Office of Consumer Affairs. Massachusetts may license nonresidents and, if they are licensed in another state, exempt them from the written examination.

Licenses may be suspended, revoked, or denied for (1) felony conviction, (2) following a continuous and flagrant course of misrepresentations, or (3) failing to meet licensing requirements (ALM Ch. 100 §§ 1 to 13).

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