Ohio Code 4707.10 – Fees – renewals – notice of name or address change
(A)(1) Each person to whom the department issues an auctioneer‘s license or auction firm license shall pay a licensure fee. Those licenses are biennial and expire in accordance with the schedule established in division (A)(2) of this section. If such a license is issued during the first year of a biennium, the licensee shall pay a fee in the amount of two hundred dollars. If the license is issued during the second year of a biennium, the licensee shall pay a fee in the amount of one hundred dollars. With respect to an auctioneer’s license, the fees apply regardless of whether the license is issued to an individual under section 4707.07 of the Revised Code or to a corporation, limited liability company, partnership, or association under section 4707.073 of the Revised Code.
Terms Used In Ohio Code 4707.10
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Auction: includes a sale of real or personal property, goods, or chattels in which there has been a solicitation or invitation by advertisement to the public for an advance in bidding using sealed bidding, provided that the bids are opened and there is a call for an advancement of the bids. See Ohio Code 4707.01
- Auction firm: means a person who provides auction services for online or live auctions. See Ohio Code 4707.01
- Auctioneer: means any person who engages, or who by advertising or otherwise holds the person out as being able to engage, in the calling for, recognition of, and the acceptance of, offers for the purchase of real or personal property, goods, or chattels at auction either directly or through the use of other licensed auctioneers. See Ohio Code 4707.01
- 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.
- Firm manager: means the individual designated by an auction firm who is responsible for ensuring that the auction firm complies with this chapter. See Ohio Code 4707.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- 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, sole proprietor, corporation, limited liability company, association, or partnership. See Ohio Code 4707.01
All auctioneer’s licenses and auction firm licenses expire on the last day of June of the biennium. The licenses shall be renewed in accordance with the standard renewal procedures of Chapter 4745 of the Revised Code or the procedures in this section and upon the licensee’s payment to the department of a renewal fee of two hundred dollars. A licensee who wishes to renew the licensee’s license, but who fails to do so before the first day of July following the license’s expiration, shall reapply for licensure in the same manner and pursuant to the same requirements as for the initial licensure unless before the first day of September following the expiration, the former licensee pays to the department, in addition to the regular renewal fee, a late renewal penalty of one hundred dollars.
(2) The biennial expiration of an auctioneer’s license or auction firm license shall occur in accordance with the following schedule:
(a) The license shall expire in odd-numbered years if the business name or last name, as applicable, of the licensee begins with the letters “A” through “J” or with the letters “X” through “Z.”
(b) The license shall expire in even-numbered years if the business name or last name, as applicable, of the licensee begins with the letters “K” through “W.”
(B)(1) To renew an auctioneer’s license, the licensee shall include with a renewal application an affidavit stating that the licensee has completed eight hours of continuing education in accordance with section 4707.101 of the Revised Code during the two years immediately preceding renewal of the licensee’s license.
(2) To renew an auction firm’s license, the auction firm manager of the licensed auction firm shall include with a renewal application an affidavit stating that the auction firm manager has completed eight hours of continuing education in accordance with section 4707.101 of the Revised Code during the two years immediately preceding renewal of the auction firm’s license.
The director of agriculture shall not renew an auctioneer or auction firm license unless the applicant demonstrates that all continuing education requirements have been completed.
(C) Any person who fails to renew the person’s license before the first day of July is prohibited from engaging in any activity specified or comprehended in section 4707.01 of the Revised Code until such time as the person’s license is renewed or a new license is issued. Renewal of a license between the first day of July and the first day of September does not relieve any person from complying with this division. The department may refuse to renew the license of or issue a new license to any person who violates this division.
(D) The department shall prepare and deliver to each licensee a permanent license certificate and an identification card, the appropriate portion of which shall be carried on the person of the licensee at all times when engaged in any type of auction activity, and part of which shall be posted with the permanent certificate in a conspicuous location at the licensee’s place of business.
(E) Notice in writing shall be given to the department by each auctioneer licensee of any change of principal business location or any change or addition to the name or names under which business is conducted, whereupon the department shall issue a new license for the unexpired period. Any change of business location or change or addition of names without notification to the department shall automatically cancel any license previously issued. For each new auctioneer’s license issued upon the occasion of a change in business location or a change in or an addition of names under which business is conducted, the department may collect a fee of ten dollars for each change in location, or name or each added name unless the notification of the change occurs concurrently with the renewal application or unless otherwise provided in section 4707.07 of the Revised Code.
Last updated July 7, 2022 at 2:09 PM