Terms Used In Louisiana Revised Statutes 37:3121

  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: means an individual, partnership, company, corporation, association, or group however organized. See Louisiana Revised Statutes 37:3103
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  The board may refuse to issue or may suspend, revoke, or impose probationary or other restrictions on any license issued under this Chapter for any of the following causes:

(1)  Conviction of a felony or entry of a plea of guilty or nolo contendere to a felony charge under the laws of the United States of America or of any state.

(2)  Deceit or perjury in obtaining any certificate or license issued under this Chapter.

(3)  Providing false testimony before the board.

(4)  Efforts to deceive or defraud the public.

(5)  Incompetency or gross negligence.

(6)  Rendering, submitting, subscribing, or verifying false, deceptive, misleading, or unfounded opinions or reports.

(7)  The refusal of the licensing authority of another state to issue or renew a license, permit, or certificate in that state or the revocation or suspension of or other restriction imposed on a license, permit, or certificate issued by such licensing authority.

(8)  Aiding or abetting a person to evade the provisions of this Chapter or knowingly combining or conspiring with an unlicensed person or acting as an agent, partner, associate or otherwise, of an unlicensed person with intent to evade provisions of this Chapter.

(9)  Violation of any provision of this Chapter or any rules or regulations of the board or rules of conduct promulgated by the board.

(10)  Indebtedness to the state or to any municipal corporation for any tax as an auctioneer or for any license or commission that he has neglected to pay after final judgment has been rendered against him for it.

(11)  Selling goods at an auction before the auctioneer or auction house has first entered into a written contract with the owner or consignor of the goods when the minimum price for such goods has been set or requested at a value above five hundred dollars.

(12)  Failing for a period of seven calendar days after notice is given to make good a check which has been returned for insufficient funds (NSF check) or bank draft remitted to the owner or consignor of auctioned goods in settlement pursuant to La. Rev. Stat. 37:3125.

B.  The board may require any auctioneer who has been charged with a complaint, or any citizen deemed to have raised a frivolous complaint before the board, to pay all costs of the board proceedings, including investigators’, stenographers’, and attorneys’ fees.

C.  Four concurring votes of the board shall be required for the revocation of any license.  Four concurring votes shall be required for suspension of any license or the imposition of costs or fines in excess of five hundred dollars.

D.  Any certificate or license suspended, revoked, or otherwise restricted by the board may be reinstated by majority vote of the board.

Acts 1983, No. 508, §5; Acts 1986, No. 564, §2, eff. July 2, 1986; Acts 1990, No. 895, §1, eff. Jan. 1, 1991; Acts 1997, No. 923, §1.

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