Louisiana Revised Statutes 37:3113 – Qualifications of applicants
Terms Used In Louisiana Revised Statutes 37:3113
- Applicant: means any person applying for a license under this Chapter. See Louisiana Revised Statutes 37:3103
- Auction: includes but is not limited to all of the following:
(i) Live auctions. See Louisiana Revised Statutes 37:3103
- Auctioneer: means any person who, for another, with or without receiving or collecting a fee, commission, or other valuable consideration, sells or offers to sell property at an auction. See Louisiana Revised Statutes 37:3103
- Board: means the Louisiana Auctioneers Licensing Board created in this Chapter. See Louisiana Revised Statutes 37:3103
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, partnership, company, corporation, association, or group however organized. See Louisiana Revised Statutes 37:3103
A. The board shall base determination of satisfactory minimum qualifications for licensure as an auctioneer on whether the applicant:
(1) Is of good moral character.
(2) Is a citizen of the United States or a legal resident of the state of Louisiana.
(3) Is at least eighteen years of age.
(4) Has completed one of the following:
(a) A series of studies at a school of auctioneering licensed or approved by the board.
(b) An apprenticeship of one year working with and under an auctioneer duly licensed in the state of Louisiana.
B. The board shall base determination of satisfactory minimum qualifications for licensure of an entity as an auction business on the following requirements:
(1) That the entity employs or will employ an auctioneer licensed pursuant to this Chapter to conduct auctions in this state.
(2) If the entity is a foreign corporation, partnership, or limited liability company, that the entity is authorized to do business in this state by and is registered with the secretary of state pursuant to Title 12 of the Louisiana Revised Statutes of 1950.
C. An applicant for licensure as an auctioneer shall fill out and file with the board an application form provided by the board. The form shall require relevant information about the applicant’s character, knowledge, and experience in application of that knowledge. Among the data required on the application form, the applicant shall submit the following information:
(1) Educational background.
(2) Previous occupational experience in the auction business.
(3) Three references, including their business addresses, who attest to the applicant’s reputation and adherence to ethical standards.
D.(1) An applicant for licensure of an entity as an auction business shall submit the following information on an application form designated by the board:
(a) The name of each owner of the entity and the length of time each such person has been an owner.
(b) Each business address of the entity.
(c) Each auctioneer licensed by the date of application who has been employed by the business for more than one auction in the previous calendar year.
(d) The nature of the business and the product sought to be sold.
(e) Two references who shall be auctioneers currently licensed in this state in good standing with the board.
(2) An auction business may operate at more than one location; however, it shall only operate under the name on its license issued by the board.
E. If, in the opinion of the board, the applicant provides inadequate information to allow the board to ascertain whether the applicant satisfies the qualifications for licensure, the applicant shall be required to provide additional information for purposes of the application or may be required to present himself for an interview for this purpose.
Added by Acts 1983, No. 508, §5. Acts 1984, No. 780, §2; Acts 2000, 1st Ex. Sess., No. 126, §1.