§ 62-19-101 Chapter definitions
§ 62-19-102 License requirement
§ 62-19-103 Exemptions
§ 62-19-104 Auctioneer commission
§ 62-19-105 Certificates of appointment — Legal assistance — Prosecution of complaints
§ 62-19-106 Organization of commission — Rules — Seal — Records
§ 62-19-107 Meetings of commission
§ 62-19-108 Liens for unpaid commissions and fees
§ 62-19-109 Administrative director
§ 62-19-110 Register of applicants
§ 62-19-111 General licensing provisions
§ 62-19-112 Denial, revocation or suspension of license by commission — Retirement of license
§ 62-19-113 Immunity of commissioners
§ 62-19-114 Judicial revocation of license
§ 62-19-115 Rights and duties of licensee — Sponsorship of affiliate auctioneer
§ 62-19-116 Auctioneer education and recovery account
§ 62-19-117 Reciprocity — Service of process on nonresidents
§ 62-19-118 Business location — Sign
§ 62-19-119 Actions for the collection of compensation
§ 62-19-120 Effect of revocation of auctioneer’s license on affiliate auctioneers
§ 62-19-121 Penalties
§ 62-19-123 Hearings and judicial review
§ 62-19-124 Court costs and attorney’s fees in collection actions
§ 62-19-126 Citations for violations
§ 62-19-127 Commission’s power to petition for judicial jurisdiction
§ 62-19-128 Licensed public automobile auctions — Minimum requirements

Terms Used In Tennessee Code > Title 62 > Chapter 19 - Auctioneers

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adult: means any person eighteen (18) years of age or older. See Tennessee Code 37-1-102
  • 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.
  • Affiliate auctioneer: means an individual who, for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by a principal auctioneer to deal or engage in any activity described in subdivision (9). See Tennessee Code 62-19-101
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Allegation: something that someone says happened.
    • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    • Arrest: Taking physical custody of a person by lawful authority.
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Auction: means a sales transaction conducted by oral, written, or electronic exchange between an auctioneer and members of the audience, consisting of a series of invitations by the auctioneer for offers to members of the audience to purchase goods or real estate, culminating in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience. See Tennessee Code 62-19-101
    • Auctioneer: means a principal auctioneer, bid caller auctioneer, or public automobile auctioneer. See Tennessee Code 62-19-101
    • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
    • Bid caller auctioneer: means an individual who, for compensation or valuable consideration, or otherwise, is hired by a principal auctioneer, public automobile auction, or public automobile auctioneer to solicit bids for the purchase of goods at an auction. See Tennessee Code 62-19-101
    • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
    • Child: means :

      • (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102

      • Commission: means the Tennessee auctioneer commission. See Tennessee Code 62-19-101
      • Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
      • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      • Continuance: Putting off of a hearing ot trial until a later time.
      • Continuing education: means six (6) hours each renewal period. See Tennessee Code 62-19-101
      • Contract: A legal written agreement that becomes binding when signed.
      • Conviction: A judgement of guilt against a criminal defendant.
      • 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.
      • Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
      • Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
      • Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
      • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      • Deed: The legal instrument used to transfer title in real property from one person to another.
      • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      • Delinquent act: means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to §. See Tennessee Code 37-1-102
      • Delinquent child: means a child who has committed a delinquent act and is in need of treatment or rehabilitation. See Tennessee Code 37-1-102
      • Department: means the department of children's services. See Tennessee Code 37-1-102
      • Dependent: A person dependent for support upon another.
      • Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
      • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
      • Docket: A log containing brief entries of court proceedings.
      • Escrow: Money given to a third party to be held for payment until certain conditions are met.
      • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
      • Evidence-based: means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool. See Tennessee Code 37-1-102
      • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
      • Felony: A crime carrying a penalty of more than a year in prison.
      • Financial obligations: means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution. See Tennessee Code 37-1-102
      • Fraud: Intentional deception resulting in injury to another.
      • Goods: means chattels, merchandise, real or personal property, or commodities of any form or type that may lawfully be kept or offered for sale. See Tennessee Code 62-19-101
      • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
      • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
      • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
      • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      • Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
      • Lien: A claim against real or personal property in satisfaction of a debt.
      • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
      • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
      • Month: means a calendar month. See Tennessee Code 1-3-105
      • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
      • 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: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      • Person: includes an individual, association, partnership, corporation, and the officers, directors, and employees of a corporation. See Tennessee Code 62-19-101
      • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
      • Plaintiff: The person who files the complaint in a civil lawsuit.
      • 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.
      • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
      • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
      • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
      • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
      • Principal auctioneer: means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration by the means or process of auction or sale at auction, offers and executes a listing contract, sale, purchase, or exchange of goods, and is responsible for the management and supervision of an auction company, including its wholly owned subsidiary or affiliate company. See Tennessee Code 62-19-101
      • Probable cause: A reasonable ground for belief that the offender violated a specific law.
      • Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
      • Property: includes both personal and real property. See Tennessee Code 1-3-105
      • Protective supervision: means supervision ordered by the court of children found to be dependent or neglected or unruly. See Tennessee Code 37-1-102
      • Public automobile auction: means offering motor vehicles for sale to the highest bidder, where buyers are members of the public, by a motor vehicle dealer licensed to sell used motor vehicles and licensed as a public automobile auctioneer by the commission. See Tennessee Code 62-19-101
      • Public automobile auctioneer: means an individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration at an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, including motor vehicles. See Tennessee Code 62-19-101
      • Quorum: The number of legislators that must be present to do business.
      • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
      • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
      • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
      • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      • Restitution: means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense. See Tennessee Code 37-1-102
      • Service of process: The service of writs or summonses to the appropriate party.
      • Sexually explicit image: means a lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks, or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity. See Tennessee Code 37-1-102
      • Shelter care: means temporary care of a child in physically unrestricted facilities. See Tennessee Code 37-1-102
      • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
      • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
      • Subpoena: A command to a witness to appear and give testimony.
      • Summons: Another word for subpoena used by the criminal justice system.
      • Testify: Answer questions in court.
      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
      • Trustee: A person or institution holding and administering property in trust.
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Unruly child: means a child in need of treatment and rehabilitation who:

        • (A) Habitually and without justification is truant from school while subject to compulsory school attendance under §. See Tennessee Code 37-1-102

        • Validated risk and needs assessment: means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior. See Tennessee Code 37-1-102
        • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
        • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105