(A) An auctioneer license or auction firm license is automatically suspended if the following apply, as applicable:

Terms Used In Ohio Code 4707.153

  • 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
  • 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

(1) The director of agriculture determines that a licensed auctioneer has failed to complete the continuing education requirements established under section 4707.101 of the Revised Code.

(2) The director determines the auction firm manager of a licensed auction firm has failed to complete the continuing education requirements established under section 4707.101 of the Revised Code.

A license is automatically suspended on the date on which the director makes a determination under division (A)(1) or (2) of this section. The director shall provide the offending licensee with an opportunity for an administrative hearing on the suspension in accordance with Chapter 119 of the Revised Code.

(B) If an auctioneer’s or auction firm’s license is suspended under division (A) of this section, the auctioneer or auction firm manager of the auction firm shall provide proof of completion of the continuing education requirements not later than one hundred eighty days after the date that the suspension is issued. If such an auctioneer or auction firm manager fails to submit the proof of completion of the continuing education requirements within that time period, the license is automatically revoked. The director shall provide the former licensee an opportunity for an administrative hearing on the revocation in accordance with Chapter 119 of the Revised Code.

(C) If an auctioneer or auction firm license is revoked under this section, the former licensee shall not apply for a new license under this chapter earlier than one year after the revocation. The applicant shall comply with all requirements under section 4707.07 or 4707.074 of the Revised Code, as applicable.

Last updated August 17, 2022 at 11:39 AM