HOUSE AMENDED
        PRIOR PRINTER'S NOS. 886, 1206, 1247,         PRINTER'S NO. 1584
        1476, 1531

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 763 Session of 1983


        INTRODUCED BY STAUFFER, STAPLETON, HOLL AND LINCOLN, MAY 25,
           1983

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           DECEMBER 7, 1983

                                     AN ACT

     1  Imposing regulations and licensing requirements on auctioneers,
     2     apprentice auctioneers, auction houses and auction companies;
     3     imposing powers and duties on the State Board of Auctioneer
     4     Examiners; and making repeals.

     5                         TABLE OF CONTENTS
     6  Section  1.  Short title.
     7  Section  2.  Definitions.
     8  Section  3.  Auctioneer and apprentice auctioneer licenses.
     9  Section  4.  Status of existing licensees.
    10  Section  5.  Applications for initial and renewal licenses.
    11  Section  6.  License, examination and other fees.
    12  Section  7.  Special licensees to furnish bond.
    13  Section  8.  Authority to transact business not transferable.
    14  Section  9.  Auction house license.
    15  Section 10.  Auction company license.
    16  Section 11.  Nonresident licensees.
    17  Section 12.  Reciprocity with other states.

     1  Section 13.  Licensee to furnish bond.
     2  Section 14.  No other license required.
     3  Section 15.  List of licensees.
     4  Section 16.  Records of sales.
     5  Section 17.  Contracts for conduct of sale.
     6  Section 18.  Display of licenses.
     7  Section 19.  Confidentiality of information.                      <--
     8  Section 20 19.  Revocation or suspension of license for violation  <--
     9                 by employee.
    10  Section 21 20.  Investigations and enforcement actions.           <--
    11  SECTION 21.  ESCROW ACCOUNT.                                      <--
    12  Section 22 21 22.  Hearing on charges.                            <--
    13  Section 23 22 23.  Administration and enforcement.                <--
    14  Section 24 23 24.  Injunctive relief.                             <--
    15  Section 25 24 25.  Records of courts to be evidence before board.  <--
    16  Section 26 25 26.  Revocation or suspension of license.           <--
    17  Section 27 26 27.  Issuance of new license pending investigation  <--
    18                 and decision.
    19  Section 28 27 28.  Issuance of new license after revocation.      <--
    20  Section 29 28 29.  Penalties.                                     <--
    21  Section 30.  Witnesses and documentary evidence.                  <--
    22  Section 31 29 30.  Actions by unlicensed persons prohibited.      <--
    23  Section 32 30 31.  State Board of Auctioneer Examiners.           <--
    24  Section 33 31 32.  Rules and regulations.                         <--
    25  Section 34 32 33.  Disposition of fees and fines.                 <--
    26  SECTION 34.  REESTABLISHMENT OF AGENCY.                           <--
    27  Section 35 33 35.  Repeals.                                       <--
    28  Section 36 34 36.  Effective date.                                <--
    29     The General Assembly of the Commonwealth of Pennsylvania
    30  hereby enacts as follows:
    19830S0763B1584                  - 2 -

     1  Section 1.  Short title.
     2     This act shall be known and may be cited as the Auctioneer
     3  and Auction Licensing Act.
     4  Section 2.  Definitions.
     5     The following words and phrases when used in this act shall
     6  have the meanings given to them in this section unless the
     7  context clearly indicates otherwise:
     8     "Apprentice auctioneer."  A person who is licensed under this
     9  act as an apprentice auctioneer.
    10     "Auction" or "sale at auction."  The offer to sell property
    11  by an auctioneer or apprentice auctioneer to the members of an
    12  audience congregated for the purpose of making bids for the
    13  purchase of the property in an effort by the auctioneer or
    14  apprentice auctioneer to advance the amount of the bids to
    15  obtain the highest or most favorable offer.
    16     "Auction company."  A company which, as part of its business,
    17  arranges, manages, sponsors, advertises or carries out auctions.
    18     "Auction house."  An established place of business, including
    19  but not limited to an auction barn, a sale barn and a sale
    20  pavilion, where two or more auctions are held within any 12-
    21  month period and where representations are regularly made that
    22  property is sold at auction. The term does not include premises
    23  where isolated sales are conducted by an auctioneer or
    24  auctioneer apprentice and which are used primarily for purposes
    25  other than auctions or sales at auction.
    26     "Auctioneer."  A person who sells or offers or attempts to
    27  sell property at auction. The term includes any person who holds
    28  himself out as engaged in the business of selling property at
    29  auction.
    30     "Board."  The State Board of Auctioneer Examiners in the
    19830S0763B1584                  - 3 -

     1  Department of State.
     2     "Commissioner."  The Commissioner of Professional and
     3  Occupational Affairs in the Department of State.
     4     "Department."  The Department of State.
     5     "Licensee."  A person licensed under this act including an
     6  auctioneer, apprentice auctioneer, holder of a special license
     7  and, in the case of an auction house or company, the person
     8  required to obtain the license.
     9     "Person."  An individual, partnership, association or
    10  corporation.
    11     "Property."  Real and personal property. The term includes,    <--
    12  BUT IS NOT LIMITED TO domestic animals and farm products.
    13     "Qualified auctioneer."  A currently licensed auctioneer.
    14  Section 3.  Auctioneer and apprentice auctioneer licenses.
    15     (a)  Requirement for license.--It is unlawful for any person
    16  to engage in or carry on the profession of auctioneer, to
    17  conduct a sale at auction, to hold himself out as an auctioneer
    18  or as an apprentice auctioneer or to offer to conduct sales at
    19  auction in this Commonwealth without first obtaining from the
    20  board a license as an auctioneer or apprentice auctioneer. Any
    21  member, officer or employee of a partnership, association or
    22  corporation who attempts to sell at auction or who is actively
    23  engaged in the auction profession must have a license as an
    24  auctioneer or apprentice auctioneer.
    25     (b)  Issuance and supervision of licenses.--It is the duty of
    26  the board, upon payment of the license fees required and upon
    27  compliance with the requirements of this act, to issue a license
    28  as an auctioneer or apprentice auctioneer to individuals or as
    29  an auctioneer to partnerships, associations and corporations who
    30  qualify under and comply with this act. The board shall
    19830S0763B1584                  - 4 -

     1  supervise and control all licenses issued under this act.
     2     (c)  Qualifications in general for license.--Licenses shall
     3  be granted only to persons who have a good reputation for
     4  honesty, truthfulness, integrity and competence to transact the
     5  business of auctioneer or apprentice auctioneer in a manner as
     6  to safeguard the interest of the public and only after
     7  satisfactory proof of these qualifications has been presented to
     8  the board as required by regulation.
     9     (d)  Qualifications for apprentice auctioneer license.--To
    10  qualify for an apprentice auctioneer license, a person must be
    11  sponsored and employed for compensation by a qualified
    12  auctioneer who employs no more than one other apprentice
    13  auctioneer.
    14     (e)  Qualifications for auctioneer license.--To qualify for
    15  an auctioneer license, a person must have passed the prescribed
    16  examination after having:
    17         (1)  served an apprenticeship as a licensed apprentice
    18     auctioneer for a period of not less than two years in the
    19     employ of a qualified auctioneer and participated for
    20     compensation in no less than 30 auctions; or
    21         (2)  successfully completed a prescribed course of study
    22     in auctioneering of at least 20 credit hours at a school
    23     approved by the board.
    24     (f)  Qualifications for license reissued after long
    25  inactivity.--Any person to whom an auctioneer or apprentice
    26  auctioneer license has been issued and who has been inactive as
    27  an auctioneer or apprentice auctioneer for a period of seven
    28  years without renewing the license issued to him shall be
    29  required to submit to and pass an examination conducted APPROVED  <--
    30  by the board prior to having a license reissued to him.
    19830S0763B1584                  - 5 -

     1     (g)  Designation of auctioneer-of-record.--If the applicant
     2  for a license is a partnership, association or corporation, then
     3  a member of the partnership or association or an officer of the
     4  corporation, who is licensed in this Commonwealth as an
     5  auctioneer, must be designated as the auctioneer-of-record. The
     6  auctioneer-of-record is principally responsible for the conduct
     7  of the auctions of the partnership, association or corporation
     8  in accordance with this act. A partnership, association or
     9  corporation auctioneer license becomes invalid if the license of
    10  the auctioneer-of-record is not renewed or is suspended or
    11  revoked.
    12     (h)  Sales exempt from license requirements.--The requirement
    13  to obtain a license under this act does not apply to sales at
    14  auction in the following circumstances:
    15         (1)  To a specified single sale per year conducted by the
    16     owner of property if the owner is not engaged in the business
    17     of selling the property and if the property is owned by the
    18     person in an individual capacity.
    19         (2)  To a sale conducted by or on behalf of a charitable
    20     organization if the person conducting the sale receives no
    21     compensation therefor.
    22         (3)  To a sale conducted by or on behalf of a person
    23     appointed by judicial order or decree.
    24         (4)  TO A SALE CONDUCTED IN THE SETTLEMENT OF ANY          <--
    25     DECEDENT'S ESTATE.
    26         (5)  TO A SALE CONDUCTED BY OR UNDER THE DIRECTION OF ANY
    27     PUBLIC AUTHORITY.
    28         (6)  TO ANY SALE REQUIRED BY LAW TO BE AT AUCTION.
    29         (7)  TO A SALE CONDUCTED BY BROKERS OR SALESPERSONS
    30     LICENSED UNDER THE ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9),
    19830S0763B1584                  - 6 -

     1     KNOWN AS THE REAL ESTATE LICENSING AND REGISTRATION ACT.
     2     (i)  Special license to conduct auction.--An auctioneer
     3  authorized to engage in auctioneering in another state shall,
     4  upon application and payment of the license fee, be issued a
     5  special license for each auction conducted by him. Applications
     6  must be made 20 days in advance of the sale and must include the
     7  name and address of the consignor or owner of all items to be
     8  sold. All applications are subject to approval by the board and
     9  shall include proof of authority to engage in auctioneering in
    10  the other state.
    11  Section 4.  Status of existing licensees.
    12     (a)  Apprentice auctioneers.--An individual licensed as an
    13  apprentice auctioneer on the effective date of this act shall
    14  thereafter possess the same rights and privileges and be subject
    15  to the same requirements pertaining to licensure as individuals
    16  to whom licenses as an apprentice auctioneer are issued under
    17  this act.
    18     (b)  Auctioneers.--A person licensed as an auctioneer on the
    19  effective date of this act shall thereafter possess the same
    20  rights and privileges as persons to whom licenses as an
    21  auctioneer are issued under this act.
    22  Section 5.  Applications for initial and renewal licenses.
    23     (a)  Application for auctioneer license.--Applications for
    24  license as an auctioneer shall be made to the board in writing
    25  upon forms provided by the board which shall contain such
    26  information as to the individual or, if the applicant is a
    27  partnership, association or corporation, as to its members or
    28  officers as the board requires. If the applicant is an
    29  individual, the application shall be signed by that individual.
    30  If the applicant is a partnership or an association, the
    19830S0763B1584                  - 7 -

     1  application shall be signed by a member. If the applicant is a
     2  corporation, the application shall be signed by an officer. Each  <--
     3  application shall be accompanied by two photographs of the
     4  individual applicant or of the member or officer of the
     5  partnership, association or corporation applicant. An
     6  application by a licensed apprentice auctioneer seeking to
     7  qualify on the basis of an apprenticeship shall contain or be
     8  accompanied by satisfactory evidence that the applicant was in
     9  the employ of a sponsor for at least two years and participated
    10  for compensation in not less than 30 auctions on the dates and
    11  at the locations provided by the applicant. Upon the filing of
    12  an application, the board shall investigate the allegations
    13  contained in the application and if, upon investigation, it
    14  finds the allegations untrue, it may refuse to examine or
    15  license the applicant or may revoke any license issued to the
    16  applicant on the basis of materially untrue allegations
    17  contained in the application for a license. The board shall set
    18  forth in writing its findings and reasons for its refusal or
    19  revocation and furnish a copy to the applicant.
    20     (b)  Application for apprentice auctioneer license.--
    21  Applications for license as an apprentice auctioneer shall be
    22  made to the board in writing upon forms provided by the board
    23  which shall contain such information as to the applicant as the
    24  board requires. For license renewals, the licensee shall set
    25  forth the period of time, if any, during which he was engaged in
    26  the auction profession, stating the name of his present sponsor
    27  and any former sponsor for the period of five years immediately
    28  preceding the date of the renewal. If it becomes necessary to
    29  change sponsors, the apprentice auctioneer must notify the board
    30  by letter upon the termination of the sponsorship and submit a
    19830S0763B1584                  - 8 -

     1  transfer form, provided by the board, when a new sponsor is
     2  obtained. An apprentice auctioneer license is invalid when there
     3  is no sponsoring auctioneer and credit does not accrue during
     4  that time. A license will be reissued when the apprentice
     5  auctioneer submits a transfer form which informs the board that
     6  he has secured a new sponsor.
     7     (c)  Examinations.--THE BOARD SHALL CONTRACT WITH A            <--
     8  PROFESSIONAL TESTING ORGANIZATION FOR THE PREPARATION AND
     9  ADMINISTRATION OF THE EXAMINATION, IN ACCORDANCE WITH SECTION
    10  812.1(A) OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS
    11  THE ADMINISTRATIVE CODE OF 1929. No person may be issued an
    12  auctioneer license unless the person passes an examination
    13  approved by the board. The board shall hold examinations at
    14  locations, times and dates prescribed by regulation of the
    15  board.
    16     (d)  Issuance of new license after revocation.--In the event
    17  the license of an auctioneer or an apprentice auctioneer is
    18  revoked by the board subsequent to the effective date of this
    19  act, no new license may be issued to that person until he
    20  compiles COMPLIES with all the provisions of this act.            <--
    21     (e)  Expiration and renewal of license.--All licenses issued
    22  by the board shall be for a maximum term of two years and shall
    23  expire on the last day of February of each odd year. It is the
    24  duty of all persons licensed to practice as an auctioneer or
    25  apprentice auctioneer or to operate as an auction house or
    26  auction company to renew the license biennially with the board
    27  and to pay the license fee for each biennial license renewal.
    28  Applications for renewals of licenses issued under this act
    29  shall be made within 60 days prior to the expiration of the
    30  license upon forms and in the manner provided by the board.
    19830S0763B1584                  - 9 -

     1  Section 6.  License, examination and other fees.
     2     (a)  General rule.--The license, examination and other fees    <--
     3  to be paid to the board are as follows:
     4         (1)  The examination fee for an auctioneer license shall
     5     be $25 and for an apprentice auctioneer license shall be $10.
     6         (2)  The fee for the initial license and the renewal of
     7     an auctioneer license shall be $50 for the specified two-year
     8     term of the license. The fee for the initial license and the
     9     renewal of an apprentice auctioneer license shall be $30 for
    10     the specified two-year term of the license. There are no
    11     other license fees authorized for the licenses issued at any
    12     time during the two-year term of the license.
    13         (3)  The fee for the initial license and the renewal of a
    14     license issued to an auction house or auction company shall
    15     be $50 for the specified two-year term of the license. There
    16     are no other license fees authorized for licenses issued at
    17     any time during the two-year term of the license.
    18         (4)  The fee for a special license to conduct an auction
    19     shall be $100.
    20         (5)  The fee for the replacement of a lost or mislaid
    21     license is $5.
    22         (6)  For every copy of paper filed with the commissioner
    23     or board in any proceedings before the board, the board may
    24     by regulation charge a fee not exceeding 50¢ per page.
    25     (b)  Method of payment.--The payment of fees required under
    26  this act may be made to the board by personal check.
    27     (A)  SETTING OF FEES.--THE LICENSE AND EXAMINATION FEES AND    <--
    28  ALL OTHER FEES IMPOSED UNDER THE PROVISIONS OF THIS ACT SHALL BE
    29  FIXED BY THE BOARD BY REGULATION AND SHALL BE SUBJECT TO REVIEW
    30  IN ACCORDANCE WITH THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
    19830S0763B1584                 - 10 -

     1  KNOWN AS THE REGULATORY REVIEW ACT. IF THE REVENUES GENERATED BY
     2  FEES, FINES AND CIVIL PENALTIES IMPOSED IN ACCORDANCE WITH THE
     3  PROVISIONS OF THIS ACT ARE NOT SUFFICIENT TO MATCH EXPENDITURES
     4  OVER A TWO-YEAR PERIOD, THE BOARD SHALL INCREASE THOSE FEES BY
     5  REGULATION, SUBJECT TO REVIEW IN ACCORDANCE WITH THE REGULATORY
     6  REVIEW ACT, SUCH THAT THE PROJECTED REVENUES WILL MEET OR EXCEED
     7  PROJECTED EXPENDITURES.
     8     (B)  CHANGING FEES.--IF THE BUREAU OF PROFESSIONAL AND
     9  OCCUPATIONAL AFFAIRS DETERMINES THAT THE FEES ESTABLISHED BY THE
    10  BOARD ARE INADEQUATE TO MEET THE MINIMUM ENFORCEMENT EFFORTS
    11  REQUIRED, THEN THE BUREAU, AFTER CONSULTATION WITH THE BOARD,
    12  SHALL INCREASE THE FEES BY REGULATION, SUBJECT TO REVIEW IN
    13  ACCORDANCE WITH THE REGULATORY REVIEW ACT, SUCH THAT ADEQUATE
    14  REVENUES ARE RAISED TO MEET THE REQUIRED ENFORCEMENT EFFORT.
    15  Section 7.  Special licensees to furnish bond.
    16     (a)  General rule.--A bond in the penal sum of $5,000, or in   <--
    17  an amount the board by regulation prescribes from time to time,
    18  shall accompany every application for a special license. The
    19  bond shall be executed by a surety company authorized by the
    20  laws of this Commonwealth to transact business in this
    21  Commonwealth. The bond shall be for the use of the Commonwealth
    22  and for any person or persons who may have a cause of action
    23  against a licensee arising under this act.
    24     (b)  Conditions of bond.--The conditions of the bond shall be
    25  that the licensee will comply with and abide by the provisions
    26  of this act and will pay to the Commonwealth, the board or any
    27  person or persons any and all money that may come due to the
    28  Commonwealth, the board or the person or persons from a licensee
    29  under and by virtue of this act.
    30     (c)  Action on bond.--If any person is aggrieved by the
    19830S0763B1584                 - 11 -

     1  misconduct of any special licensee and recovers judgment against
     2  the licensee therefor, the person may on any execution issued
     3  under the judgment maintain an action upon the bond of the
     4  licensee in any court having jurisdiction of the amount claimed.
     5  Section 8.  Authority to transact business not transferable.
     6     The authority to transact business as an auctioneer,
     7  apprentice auctioneer, auction house or auction company under a
     8  license issued by the board is restricted to the person named in
     9  the license and may not be transferred to the benefit of any
    10  other person. A partnership, association or corporation licensed
    11  under this act is only permitted to transact auction business
    12  through a member, officer or employee who is licensed under this
    13  act.
    14  Section 9.  Auction house license.
    15     (a)  Requirement for license.--Every person, except an
    16  individual who is licensed as an auctioneer, shall before
    17  operating an auction house obtain a license from the board to
    18  operate the auction house. Every partnership, association or
    19  corporation must obtain a license even though a member or
    20  officer is licensed as an auctioneer.
    21     (b)  Application for license.--Every person seeking a license
    22  to operate an auction house shall file with the board an
    23  application in writing upon forms provided by the board which
    24  shall contain such information as to the individual or, if the
    25  applicant is a partnership, association or corporation, as to
    26  the members or officers as the board requires. A person must
    27  file a separate application for each auction house to be
    28  operated. The application shall be accompanied by the license
    29  fee and surety bond required by this act.
    30     (c)  Investigation and refusal of license.--Upon the filing
    19830S0763B1584                 - 12 -

     1  of an application, the board shall investigate the allegations
     2  contained in the application and, if upon investigation it finds
     3  the allegations untrue, it may refuse to license the applicant
     4  to operate an auction house.
     5     (d)  Information from auctioneer.--A licensed auctioneer, who
     6  also operates an auction house, shall notify the board in
     7  writing of the address of each auction house operated by him and
     8  of the trade or business name by which each auction house is
     9  known. The auctioneer shall notify the board in writing if the
    10  operation of the auction house is sold or discontinued or if the
    11  name or location of the auction house is changed.
    12  Section 10.  Auction company license.
    13     (a)  Requirement for license.--Every person, except an
    14  individual who is licensed as an auctioneer or an individual who
    15  is licensed to operate an auction house, shall before operating
    16  an auction company obtain a license from the board to operate
    17  the auction company. Every partnership, association or
    18  corporation must obtain a license even though a member or
    19  officer is licensed as an auctioneer.
    20     (b)  Application for license.--Every person seeking a license
    21  to operate an auction company shall file with the board an
    22  application in writing upon forms provided by the board which
    23  shall contain such information as to the individual or, if the
    24  applicant is a partnership, association or corporation, as to
    25  the members or officers as the board requires. Each application
    26  shall be accompanied by the license fee and surety bond required
    27  by this act.
    28     (c)  Investigation and refusal of license.--Upon the filing
    29  of an application, the board shall investigate the allegations
    30  contained in the application and, if upon investigation it finds
    19830S0763B1584                 - 13 -

     1  the allegations untrue, it may refuse to license the applicant
     2  to operate an auction company.
     3     (d)  Information from auctioneer or auction house.--A
     4  licensed auctioneer or an individual licensed to operate an
     5  auction house, who also operates an auction company, shall
     6  notify the board in writing that he is operating an auction
     7  company and shall specify the trade or business name and the
     8  address of the principal place of business of each auction
     9  company which he operates. The individual who is licensed as an
    10  auctioneer or to operate as an auction house shall notify the
    11  board in writing if the operation of the auction company is sold
    12  or discontinued or if the name or location of the auction
    13  company is changed.
    14  Section 11.  Nonresident licensees.
    15     (a)  General rule.--A nonresident of this Commonwealth may be
    16  licensed as an auctioneer or apprentice auctioneer or to operate
    17  an auction house or auction company upon complying with all the
    18  provisions and conditions of this act required of residents of
    19  this Commonwealth.
    20     (b)  Waiver of certain requirements.--The board may waive the
    21  requirement for serving an apprenticeship or completing a course
    22  of study in auctioneering if the nonresident was:
    23         (1)  licensed by another state for at least two years; or
    24         (2)  established in the business of auctioneering for at
    25     least two years and, in the case of states that do not
    26     require a license, the board reviews the application to
    27     determine the qualifications of the applicant.
    28     (c)  Limitation on type of property sold.--The nonresident
    29  auctioneer or apprentice auctioneer is only permitted to sell at
    30  auction in this Commonwealth whatever property the laws of his
    19830S0763B1584                 - 14 -

     1  state permit nonresident auctioneers and apprentice auctioneers
     2  to sell at auction.
     3     (d)  Ineligibility to sponsor apprentices.--A nonresident
     4  auctioneer is not a qualified auctioneer for the purpose of
     5  sponsoring or employing an apprentice auctioneer.
     6  Section 12.  Reciprocity with other states.
     7     (a)  General rule.--A nonresident of this Commonwealth who
     8  applies for a license as an auctioneer or apprentice auctioneer
     9  may be granted a license for which he applies if he is licensed
    10  as an auctioneer or apprentice auctioneer by the proper
    11  authority of the state of his domicile upon the payment by the
    12  applicant of the proper license fee and the filing with the
    13  board of a properly certified copy of the license issued to the
    14  applicant by the state of his domicile subject to the following
    15  limitations:
    16         (1)  The auctioneer licensing laws of the nonresident
    17     state must extend to licensed auctioneers and apprentice
    18     auctioneers of this Commonwealth the same rights and
    19     privileges and the same authority to conduct auction sales in
    20     that state as this act extends to nonresidents of this
    21     Commonwealth without the necessity of the licensed
    22     auctioneers and apprentice auctioneers of this Commonwealth
    23     to obtain additional or further licenses or authority from
    24     any political subdivision of that state to conduct an auction
    25     sale.
    26         (2)  The nonresident auctioneer or apprentice auctioneer
    27     is only permitted to sell at auction in this Commonwealth
    28     whatever property the laws of his state permit nonresident
    29     auctioneers and apprentice auctioneers to sell at auction.
    30     (b)  Bond.--The bond required by this act shall accompany the
    19830S0763B1584                 - 15 -

     1  application.
     2     (c)  Change of nonresident status.--The movement from another
     3  state or jurisdiction to domicile in this Commonwealth
     4  eliminates the possibility of reciprocal licensing set forth in
     5  this section and the individual must qualify for a license under
     6  terms of this act which are applicable to residents of this
     7  Commonwealth.
     8  Section 13.  Licensee to furnish bond.
     9     (a)  General rule.--An auctioneer, apprentice auctioneer,
    10  auction company or auction house license shall not be granted or
    11  issued to any individual, partnership, association or
    12  corporation until the applicant has filed with the board an
    13  approved bond payable to the Commonwealth in the amount of
    14  $5,000 or in an amount as the board by regulation prescribes.     <--
    15  The bond shall be executed by a surety company authorized by the
    16  laws of this Commonwealth to transact business in this
    17  Commonwealth. The bond shall be for the use of the Commonwealth
    18  and for any person or persons who may have a cause of action
    19  against a licensee under this act.
    20     (b)  Conditions of bond.--The condition of the bond shall be
    21  that the licensee will comply with and abide by the provisions
    22  of this act and will pay to the Commonwealth, the board or any
    23  person or persons any and all money that may come due the
    24  Commonwealth, the board or the person or persons from a licensee
    25  under and by virtue of this act.
    26     (c)  Action on bond.--If any person is aggrieved by the
    27  misconduct of any licensee and recovers judgment against the
    28  licensee therefor, the person may on any execution issued under
    29  the judgment maintain an action upon the bond of the licensee in
    30  any court having jurisdiction of the amount claimed.
    19830S0763B1584                 - 16 -

     1  Section 14.  No other license required.
     2     No political subdivision of this Commonwealth shall have the
     3  power or authority to levy or collect any license tax or fee
     4  which is either a regulatory or a revenue measure upon or from
     5  any auctioneer or apprentice auctioneer licensed under this act
     6  nor to require any auctioneer or apprentice auctioneer to be
     7  licensed by the political subdivision in order to carry on the
     8  business of auctioneer or to conduct a sale at auction.
     9  Section 15.  List of licensees.
    10     The board shall maintain a current list of the individuals,
    11  partnerships, associations and corporations licensed by the
    12  board. The list shall be open to public inspection during the
    13  business hours of the department. Copies of the list are to be
    14  available to the public at cost.
    15  Section 16.  Records of sales.
    16     (a)  General rule.--Every auctioneer, whether acting in his
    17  own behalf or as the officer, agent or representative of
    18  another, after the receipt or acceptance by him of any property
    19  for sale at auction, shall maintain a written record which shall
    20  contain the following information:
    21         (1)  The name and address of the person who employed him
    22     to conduct the sale at auction and of the owner, the owner's
    23     authorized agent or consignor of the property to be sold at
    24     auction.
    25         (2)  A copy of the written contract authorizing the sale
    26     at auction containing the terms and conditions of the
    27     auctioneer's employment or a copy of the receiving invoice.
    28         (3)  A written record of the sale at auction.
    29     (b)  Inspection of records.--The records referred to in
    30  subsection (a) shall be open at all reasonable times for
    19830S0763B1584                 - 17 -

     1  inspection by the board or any person who is authorized in
     2  writing for that purpose by the board and who exhibits the
     3  written authorization to the auctioneer before making an
     4  inspection. This subsection applies only if a complaint against   <--
     5  the auctioneer has been filed with the board and the identity of
     6  the complainant is disclosed to the auctioneer.
     7     (c)  Retention of records.--The written records shall be kept
     8  on file in the office of the auctioneer for a period of at least
     9  two years and, if the auctioneer is notified of a complaint
    10  against him, the records shall be maintained by the auctioneer
    11  until the complaint is finally resolved.
    12  Section 17.  Contracts for conduct of sale.
    13     (a)  General rule.--Prior to conducting an auction sale, an
    14  auctioneer shall enter into a written contract in duplicate with
    15  the owner or consignor of the property to be sold, containing
    16  the terms and conditions upon which the licensee agrees to
    17  conduct the auction sale. The contracts shall be kept on file in
    18  the office of the auctioneer and shall be open to inspection as
    19  provided in this act. It is unlawful for a person to advertise
    20  an auction or sale at auction without including in the
    21  advertisement or notice of sale the name and license number of
    22  the auctioneer, auction house or auction company conducting the
    23  sale.
    24     (b)  Penalty.--A person who violates subsection (a) commits a
    25  summary offense and shall, upon conviction, be sentenced to pay
    26  a fine not less than $50.
    27  Section 18.  Display of licenses.
    28     (a)  General rule.--Every individual, partnership,
    29  association or corporation licensed as an auctioneer under this
    30  act shall prominently display the license certificate in their
    19830S0763B1584                 - 18 -

     1  office and the current renewal card or any facsimile thereof
     2  shall be shown on demand of any person at all sales at auction
     3  conducted by any licensee.
     4     (b)  Apprentice auctioneers.--All auctioneers shall
     5  prominently display in their office the license certificate of
     6  any apprentice auctioneer employed by them and the current
     7  renewal card or any facsimile thereof of any apprentice
     8  auctioneer employed by them shall be available on demand at any
     9  sale in which an apprentice is employed. A license issued to an
    10  apprentice auctioneer shall designate his sponsor by name.
    11  Prompt notice in writing within ten days shall be given to the
    12  board by the apprentice auctioneer of any change of sponsor and
    13  of the name of the new sponsor into whose service the apprentice
    14  auctioneer is about to enter or has entered. A new license shall
    15  be issued without charge by the board to the apprentice
    16  auctioneer for the unexpired term of the original license. The
    17  new sponsor shall be a qualified auctioneer. The change of
    18  sponsor or employment by any licensed apprentice auctioneer
    19  without notice to the board shall automatically cancel the
    20  license issued to him. It is the duty of the sponsor named in
    21  the license to notify the board within ten days of any change in
    22  status of an apprentice licensed under him. It is unlawful for
    23  an apprentice auctioneer to pay compensation to an auctioneer
    24  for the sole purpose of listing the apprentice as an employee.
    25     (c)  Suspension or revocation of license for violation.--The
    26  violation of this section by any licensee is sufficient cause
    27  for the suspension or revocation of his license at the
    28  discretion of the board after a hearing in accordance with this
    29  act.
    30  Section 19.  Confidentiality of information.                      <--
    19830S0763B1584                 - 19 -

     1     (a)  General rule.--Neither the board nor the commissioner or
     2  a representative, clerk or other employee of the board shall,
     3  directly or indirectly, willfully exhibit, publish, divulge or
     4  make known to any person or persons any record, report,
     5  statement, letter or any other matter, fact or thing contained
     6  among the papers, documents or records of the board, or
     7  ascertain from any of them or from any investigation or
     8  proceedings made or held by or before the board or any of its
     9  members or the commissioner or secretary or a representative,
    10  except:
    11         (1)  In the manner expressly authorized by this act.
    12         (2)  In accordance with the laws of this Commonwealth
    13     dealing with the public's right to access to Commonwealth
    14     records.
    15         (3)  When the production of any information in a
    16     proceeding in any court is duly required by subpoena issued
    17     by special order of the court or other regular process.
    18     (b)  Final rulings or decisions.--This section does not apply
    19  to any final ruling or decision of the board, with the record
    20  relative thereto and upon which the ruling or decision was
    21  founded, made and entered after investigation and hearing. The
    22  records shall, immediately upon the entry of any final ruling or
    23  decision, become public records of the board subject to
    24  inspection by any person interested.
    25     (c)  Penalty.--A person who violates this section commits a
    26  misdemeanor of the third degree and shall, upon conviction, be
    27  sentenced to pay a fine not exceeding $1,000.
    28  Section 20 19.  Revocation or suspension of license for violation  <--
    29                 by employee.
    30     A violation of this act by an apprentice auctioneer or other
    19830S0763B1584                 - 20 -

     1  employee of a licensed auctioneer shall not be grounds for the
     2  revocation or suspension of the license of the sponsor of the
     3  apprentice auctioneer or employee unless it appears at the
     4  hearing that the sponsor had knowledge of the violation. A
     5  course of dealing shown to have been consistently followed by an
     6  apprentice auctioneer or employee constitutes prima facie
     7  evidence of knowledge upon the part of the sponsor.
     8  Section 21 20.  Investigations and enforcement actions.           <--
     9     (a)  General rule.--The board may, upon its own motion, and
    10  shall, promptly upon the verified complaint in writing of any
    11  person setting forth specifically the wrongful act or acts
    12  complained of, investigate any action or business transaction of
    13  any person licensed by the board and may temporarily suspend or
    14  permanently revoke licenses issued by the board or impose a
    15  civil penalty not exceeding $500 $1,000 at any time when, after   <--
    16  due proceedings provided in this act, it finds the holder         <--
    17  LICENSEE to have been guilty in the performance or attempt to     <--
    18  perform any of the acts prohibited to others than licensees
    19  under this act as follows:
    20         (1)  Knowingly making any substantial misrepresentation.
    21         (2)  Knowingly making any false promise of a character
    22     likely to influence, persuade or induce.
    23         (3)  A continued or flagrant course of misrepresentation
    24     or making false promises through agents OR APPRENTICE          <--
    25     AUCTIONEERS.
    26         (4)  Within five years prior to the issuance of the
    27     license then in force, conviction in a court of competent
    28     jurisdiction in this or any other state OR IN FEDERAL COURT    <--
    29     of forgery, embezzlement, obtaining money under false
    30     pretenses, extortion, conspiracy to defraud or other like
    19830S0763B1584                 - 21 -

     1     offense or offenses.
     2         (5)  Any failure to account for or to pay over moneys
     3     belonging to others which have come into his or its
     4     possession arising out of a sales transaction within a
     5     reasonable time.
     6         (6)  Any misleading or untruthful advertising.
     7         (7)  Any act or conduct in connection with a sales
     8     transaction which demonstrates incompetency, bad faith or
     9     dishonesty.
    10         (8)  Knowingly using false bidders, cappers or puffers.
    11         (9)  Violating any of the provisions of this act.
    12         (10)  Violating any regulation of the board.
    13         (11)  Having his license to engage in the auction
    14     profession revoked or suspended or having other disciplinary
    15     action taken or his application for licensure refused,
    16     revoked or suspended by the proper licensing authority of
    17     another state.
    18         (12)  FAILING TO ESTABLISH OR MAINTAIN AN ESCROW ACCOUNT.  <--
    19         (13)  FOR ANY LICENSED AUCTIONEER OR APPRENTICE
    20     AUCTIONEER TO BID AND BUY FOR HIMSELF AT ANY AUCTION HE IS
    21     CONDUCTING.
    22         (14)  FOR ANY LICENSED AUCTIONEER OR APPRENTICE
    23     AUCTIONEER TO PAY ANY COMPENSATION IN MONEY OR OTHER VALUABLE
    24     THING TO ANY PERSON OTHER THAN A LICENSED AUCTIONEER OR
    25     APPRENTICE AUCTIONEER FOR THE RENDERING OF ANY SERVICE OR THE
    26     DOING OF ANY OF THE ACTS BY THIS ACT FORBIDDEN TO BE RENDERED
    27     OR PERFORMED BY OTHER THAN LICENSEES.
    28     (b)  Notice of charges.--Before refusing, suspending or
    29  revoking any license, the board shall, in writing, notify the
    30  applicant or licensee of the charges against him, accompanying
    19830S0763B1584                 - 22 -

     1  the notice with a copy of the complaint filed, if any, and the
     2  board shall accord the applicant or licensee ample opportunity
     3  to be heard in person or by counsel.
     4     (c)  Escrow account.--Every auctioneer shall immediately       <--
     5  SECTION 21.  ESCROW ACCOUNT.                                      <--
     6     EVERY AUCTIONEER SHALL IMMEDIATELY deposit moneys, received
     7  from the sale of property, belonging to others, in a separate
     8  custodial or trust fund account maintained by the auctioneer
     9  until the transaction involved is terminated, at which time the
    10  auctioneer shall account for the full amount received.
    11  Section 22 21 22.  Hearing on charges.                            <--
    12     (a)  General rule.--If the applicant or licensee desires, the
    13  board shall grant a hearing upon the charges to be held on not    <--
    14  less than ten days' prior written notice to the applicant or
    15  licensee. At the hearing, the applicant or licensee may examine,
    16  either in person or by counsel, any and all persons complaining
    17  against him and as well all other witnesses whose testimony is
    18  relied upon to substantiate the charges made. He shall also be
    19  entitled to present any evidence, oral and written, as he sees
    20  fit and as may be pertinent to the inquiry. The hearings may be
    21  held by the board, or any member thereof, or by any other person
    22  authorized by the board for that purpose in any particular case,
    23  and they shall be held in Harrisburg, Pennsylvania, or at any
    24  other place as the board may direct. At the hearings, all
    25  witnesses shall be sworn by the authorized representative before
    26  whom the hearing is held and stenographic notes of the
    27  proceedings shall be taken and filed as part of the record in
    28  the case. THE SAID HEARINGS MAY BE HELD BY THE BOARD OR ANY       <--
    29  MEMBER THEREOF OR BY ANY OTHER PERSON DULY AUTHORIZED BY THE
    30  BOARD FOR SUCH PURPOSE IN ANY PARTICULAR CASE.
    19830S0763B1584                 - 23 -

     1     (b)  Report of hearing officer.--If the hearing is held by a
     2  member of the board or by a person authorized by the board, a
     3  written report of the hearing shall be made to the board.
     4     (c)  Action on report of hearing officer.--The board may
     5  adopt the findings in the report or may, with or without
     6  additional testimony, either return the report for any further
     7  consideration the board deems necessary or make additional or
     8  other findings of fact on the basis of all the legally probative
     9  evidence in the record and enter its findings of fact and
    10  conclusions of law and order in accordance with the requirements
    11  for the issuance of an adjudication under Title 2 of the
    12  Pennsylvania Consolidated Statutes (relating to administrative
    13  law and procedure).
    14  Section 23 22 23.  Administration and enforcement.                <--
    15     The board shall administer and enforce this act.
    16  Section 24 23 24.  Injunctive relief.                             <--
    17     The board may authorize its agents to make application to the
    18  appropriate court for an order enjoining the acts or practices
    19  which constitute or will constitute a violation of this act.
    20  Section 25 24 25.  Records of courts to be evidence before board.  <--
    21     In proceedings before the board and in all proceedings upon
    22  appeal from any of its decisions, the record, or a duly
    23  certified or exemplified copy, in any proceedings at law or in
    24  equity in any court of competent jurisdiction in this or any
    25  other state in which the applicant or licensee charged or under
    26  investigation was a party shall be admissible where the issue of
    27  fact involved in the proceedings are pertinent to the inquiry
    28  before the board. The verdict of the jury or judgment of the
    29  court in any action at law or the decree of the court in any
    30  proceeding in equity shall be prima facie as to the facts at
    19830S0763B1584                 - 24 -

     1  issue in the proceedings and necessarily adjudicated therein.
     2  The verdict of the jury in any criminal prosecution in a court    <--
     3  of record in this or any other state in which the applicant or
     4  licensee charged was the defendant shall be conclusive as to the
     5  facts charged and at issue in the prosecution.
     6  Section 26 25 26.  Revocation or suspension of license.           <--
     7     (a)  Revocation or suspension of license for committing
     8  crime.--Where, during the term of any license issued by the
     9  board, the licensee is convicted in a court of competent
    10  jurisdiction in this or any other state of forgery,
    11  embezzlement, obtaining money under false pretenses, extortion,
    12  criminal conspiracy to defraud or other like offense and a duly
    13  certified or exemplified copy of the record in the proceeding is
    14  filed with the board, the board may SHALL revoke or suspend the   <--
    15  license issued to the licensee.
    16     (b)  Suspension of license pending trial of crime.--In the
    17  event any licensee is indicted in this or any other state of
    18  forgery, embezzlement, obtaining money under false pretenses,
    19  extortion, criminal conspiracy to defraud or other offense or
    20  offenses and a certified copy of the indictment is filed with
    21  the board or other proper evidence is given to it, the board
    22  may, in its discretion, suspend the license issued to the
    23  licensee pending trial of the charges.
    24     (c)  Revocation of license of entity for violation by member
    25  or officer.--In the event of the revocation or suspension of the
    26  license issued to any member of a partnership or to any officer
    27  of an association or corporation, the license issued to the
    28  partnership, association or corporation shall be revoked by the
    29  board unless, within a time fixed by the board, the connection
    30  of the member of the partnership is severed and his interest in
    19830S0763B1584                 - 25 -

     1  the partnership and his share in its activities brought to an
     2  end or the officer of the association or corporation is
     3  discharged and has no further participation in its activities.
     4  Section 27 26 27.  Issuance of new license pending investigation and  <
     5                 decision.
     6     Pending an investigation or proceeding before the board
     7  affecting any licensee and pending final decision upon any
     8  appeal taken by a licensee from the ruling of the board, no new
     9  license may be issued to a licensee or to a partnership of which
    10  he is a member or employee or to an association or corporation
    11  of which he is an officer or employee except for the period of
    12  the investigation or proceeding and subject to the action of the
    13  board.
    14  Section 28 27 28.  Issuance of new license after revocation.      <--
    15     (A)  GENERAL RULE.--After the revocation of any license, no    <--
    16  new license may be issued to the same licensee within a period
    17  of at least one year from the date of the revocation nor, except
    18  in the sole discretion of the board and subject to the
    19  conditions of this act, at any time thereafter.
    20     (B)  CRIMINAL CONDUCT.--NO LICENSE SHALL BE ISSUED BY THE      <--
    21  BOARD TO ANY PERSON KNOWN BY IT TO HAVE BEEN WITHIN FIVE YEARS
    22  CONVICTED OF FORGERY, EMBEZZLEMENT, OBTAINING MONEY UNDER FALSE
    23  PRETENSES, EXTORTION, CRIMINAL CONSPIRACY TO DEFRAUD OR OTHER
    24  LIKE OFFENSE, OR TO ANY COPARTNERSHIP OF WHICH ANY PERSON IS A
    25  MEMBER OR TO ANY ASSOCIATION OR CORPORATION OF WHICH ANY PERSON
    26  IS AN OFFICER OR EMPLOYEE OR IN WHICH AS A STOCKHOLDER ANY
    27  PERSON HAS OR EXERCISES A CONTROLLING INTEREST EITHER DIRECTLY
    28  OR INDIRECTLY.
    29  Section 29 28 29.  Penalties.                                     <--
    30     (A)  CRIMINAL PENALTIES.--Any individual, partnership,         <--
    19830S0763B1584                 - 26 -

     1  association or corporation who engages in or carries on the
     2  profession or acts in the capacity of an auctioneer, apprentice
     3  auctioneer, auction house or auction company in this
     4  Commonwealth without a current license or who employs any person
     5  without a current license as an apprentice auctioneer:
     6         (1)  For a first offense, commits a summary offense and
     7     shall, upon conviction, be sentenced to pay a fine not
     8     exceeding $500 or to imprisonment not exceeding three months,
     9     or both.
    10         (2)  For a second or subsequent offense, commits a
    11     misdemeanor of the third degree and shall, upon conviction,
    12     be sentenced to pay a fine of not less than $2,000 but not
    13     more than $5,000 or to imprisonment for not less than one
    14     year but not more than two years, or both.
    15     (B)  CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR  <--
    16  CRIMINAL PENALTY PROVIDED FOR IN THIS ACT, THE BOARD, BY A VOTE   <--
    17  OF THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED
    18  MEMBERSHIP OF THE BOARD AS PROVIDED BY LAW, OR BY A VOTE OF THE
    19  MAJORITY OF THE DULY QUALIFIED AND CONFIRMED MEMBERSHIP OR A
    20  MINIMUM OF FOUR MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL
    21  PENALTY OF UP TO $1,000 ON ANY PERSON WHO ENGAGES IN THE
    22  PRACTICE OF AUCTIONEERING WITHOUT BEING PROPERLY LICENSED TO DO
    23  SO UNDER THIS ACT. THE BOARD SHALL LEVY THIS PENALTY ONLY AFTER
    24  AFFORDING THE ACCUSED PARTY THE OPPORTUNITY FOR A HEARING, AS
    25  PROVIDED IN TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
    26  (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE).
    27  Section 30.  Witnesses and documentary evidence.                  <--
    28     (a)  General rule.--The board and each of its authorized
    29  representatives and any special representative appointed by it
    30  to hold a hearing in any particular case may require the
    19830S0763B1584                 - 27 -

     1  attendance of witnesses and the production of books and papers.
     2     (b)  Service of process.--In any hearing, the process issued
     3  by the board shall extend to all parts of this Commonwealth and
     4  the process may be served either in the manner that subpoenas in
     5  the court of common pleas are served or by any person designated
     6  by the board for that purpose. The person serving the process
     7  shall receive such compensation as may be allowed by the board
     8  not to exceed the fee prescribed by law for similar services in
     9  the court of common pleas and the fees shall be paid in the same
    10  manner as provided in this act for the fees of witnesses
    11  subpoenaed at the instance of the board.
    12     (c)  Enforcement of subpoenas.--Where, in any proceeding
    13  before the board, any witness fails or refuses to attend upon
    14  subpoena issued by the board or any of its representatives or,
    15  appearing, refuses to testify or produce any books and papers
    16  the production of which is required by the subpoena, the
    17  attendance of the witness, the giving of testimony and the
    18  production of the books and papers required shall be enforced by
    19  any court.
    20  Section 31 29 30.  Actions by unlicensed persons prohibited.      <--
    21     No action or proceeding may be instituted and no recovery may
    22  be had in any court of this Commonwealth by any individual,
    23  partnership, association or corporation for compensation for any
    24  act done or services rendered the doing or rendering of which is
    25  prohibited under this act to other than persons licensed by the
    26  board unless the individual, partnership, association or
    27  corporation was licensed at the time of doing the act or
    28  rendering of service.
    29  Section 32 30 31.  State Board of Auctioneer Examiners.           <--
    30     (a)  Representation.--The State Board of Auctioneer Examiners
    19830S0763B1584                 - 28 -

     1  shall consist of the Commissioner of Professional and
     2  Occupational Affairs, ex officio, two members THE DIRECTOR OF     <--
     3  THE BUREAU OF CONSUMER PROTECTION IN THE OFFICE OF ATTORNEY
     4  GENERAL, OR HIS DESIGNEE, TWO MEMBERS APPOINTED BY THE GOVERNOR
     5  WITH THE ADVICE AND CONSENT OF THE SENATE who shall be persons
     6  representing the public at large, and five members APPOINTED BY   <--
     7  THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE who shall
     8  be licensed auctioneers, have served as licensed auctioneers for
     9  ten years or more and have conducted at least 50 auctions each
    10  year.
    11     (B)  TERMS.--EACH MEMBER OF THE BOARD ON THE EFFECTIVE DATE    <--
    12  OF THIS ACT SHALL CONTINUE IN OFFICE UNTIL HIS TERM EXPIRES, OR
    13  UNTIL HIS SUCCESSOR HAS BEEN APPOINTED AND QUALIFIED, BUT NO
    14  LONGER THAN SIX MONTHS BEYOND THE EXPIRATION OF HIS TERM.
    15  THEREAFTER THE TERM OF OFFICE OF EACH OF SAID MEMBERS SHALL BE
    16  THREE YEARS FROM HIS APPOINTMENT, OR UNTIL HIS SUCCESSOR HAS
    17  BEEN APPOINTED AND QUALIFIED, BUT NO LONGER THAN SIX MONTHS
    18  BEYOND THE THREE-YEAR PERIOD. IN THE EVENT THAT ANY OF SAID
    19  MEMBERS SHALL DIE OR RESIGN DURING HIS TERM OF OFFICE, HIS
    20  SUCCESSOR SHALL BE APPOINTED IN THE SAME WAY AND WITH THE SAME
    21  QUALIFICATIONS AS ABOVE SET FORTH AND SHALL HOLD OFFICE FOR THE
    22  UNEXPIRED TERM.
    23     (b) (C)  Quorum.--Four FIVE members of the board shall         <--
    24  constitute a quorum.
    25     (c) (D)  Chairman AND SECRETARY.--The board shall select a     <--
    26  chairman AND SECRETARY from among its members and shall elect a   <--
    27  secretary who need not be a member of the board.
    28     (d) (E)  Per diem.--The members of the board, other than the   <--
    29  Commissioner of Professional and Occupational Affairs AND THE     <--
    30  DIRECTOR OF THE  BUREAU OF CONSUMER PROTECTION IN THE OFFICE OF
    19830S0763B1584                 - 29 -

     1  ATTORNEY GENERAL, OR HIS DESIGNEE, shall receive $35 $60 per      <--
     2  diem, when actually engaged in the transaction of official
     3  business, and the secretary shall receive such reasonable         <--
     4  compensation as shall be determined by the board, with the
     5  approval of the Secretary of the Commonwealth. MEMBERS SHALL      <--
     6  RECEIVE, IN ADDITION, THE AMOUNT OF ACTUAL TRAVEL, HOTEL AND
     7  OTHER NECESSARY EXPENSES INCURRED IN PERFORMING THEIR DUTIES FOR
     8  THE BOARD.
     9     (e) (F)  Sunset.--The board is subject to evaluation, review   <--
    10  and termination within the time and in the manner provided in
    11  the act of December 22, 1981 (P.L.508, No.142), known as the
    12  Sunset Act.
    13     (f) (G)  Attendance.--A member of the board who fails to       <--
    14  attend three consecutive meetings shall be subject to removal.    <--
    15  FORFEIT HIS SEAT UNLESS THE COMMISSIONER OF PROFESSIONAL AND      <--
    16  OCCUPATIONAL AFFAIRS, UPON WRITTEN REQUEST FROM THE MEMBER,
    17  FINDS THAT THE MEMBER SHOULD BE EXCUSED FROM A MEETING BECAUSE
    18  OF ILLNESS OR THE DEATH OF AN IMMEDIATE FAMILY MEMBER.
    19     (g) (H)  Excuse from attendance.--A board member shall be      <--
    20  excused from meetings due to illness or death of an immediate
    21  family member.
    22     (I)  REPORTS.--                                                <--
    23         (1)  THE BOARD SHALL SUBMIT ANNUALLY A REPORT TO THE
    24     PROFESSIONAL LICENSURE COMMITTEE OF THE HOUSE OF
    25     REPRESENTATIVES AND TO THE CONSUMER PROTECTION AND
    26     PROFESSIONAL LICENSURE COMMITTEE OF THE SENATE A DESCRIPTION
    27     OF THE TYPES OF COMPLAINTS RECEIVED, STATUS OF CASES, BOARD
    28     ACTION WHICH HAS BEEN TAKEN AND LENGTH OF TIME FROM THE
    29     INITIAL COMPLAINT TO FINAL BOARD RESOLUTION.
    30         (2)  THE BOARD SHALL ALSO SUBMIT ANNUALLY TO THE HOUSE OF
    19830S0763B1584                 - 30 -

     1     REPRESENTATIVES AND THE SENATE APPROPRIATION COMMITTEES, 15
     2     DAYS AFTER THE GOVERNOR HAS SUBMITTED HIS BUDGET TO THE
     3     GENERAL ASSEMBLY, A COPY OF THE BUDGET REQUEST FOR THE
     4     UPCOMING FISCAL YEAR WHICH THE BOARD PREVIOUSLY SUBMITTED TO
     5     THE COMMISSIONER.
     6  Section 33 31 32.  Rules and regulations.                         <--
     7     The board may adopt rules and regulations necessary for the
     8  proper administration and enforcement of this act.
     9  Section 34 32 33.  Disposition of fees and fines.                 <--
    10     All fees paid to the board and all fines collected for
    11  violations of this act shall be paid into the State Treasury for
    12  the use of the board to aid in the administration and
    13  enforcement of this act.
    14  SECTION 33 34.  REESTABLISHMENT OF AGENCY.                        <--
    15     THIS ACT, WITH RESPECT TO THE STATE BOARD OF AUCTIONEER
    16  EXAMINERS, SHALL CONSTITUTE THE LEGISLATION REQUIRED TO
    17  REESTABLISH AN AGENCY UNDER THE ACT OF DECEMBER 22, 1981
    18  (P.L.508, NO.142), KNOWN AS THE SUNSET ACT.
    19  Section 35 34 35.  Repeals.                                       <--
    20     (a)  Absolute repeals.--The following acts and parts of acts
    21  are repealed:
    22     Section 476 of the act of April 9, 1929 (P.L.177, No.175),
    23  known as the Administrative Code of 1929.
    24     Act of September 29, 1961 (P.L.1745, No.708), known as The
    25  Auctioneers' License Act.
    26     (b)  Inconsistent repeals.--The following acts or parts of     <--
    27  acts are ACT OR PART OF AN ACT IS repealed insofar as they are    <--
    28  IT IS inconsistent with this act:                                 <--
    29     Section 812.1 of the act of April 9, 1929 (P.L.177, No.175),   <--
    30  known as The Administrative Code of 1929.
    19830S0763B1584                 - 31 -

     1     Act of July 1, 1978 (P.L.700, No.124), known as the Bureau of
     2  Professional and Occupational Affairs Fee Act.
     3     (c)  General repeal.--All other acts or parts of acts are
     4  repealed insofar as they are inconsistent with this act.
     5  Section 36 35 36.  Effective date.                                <--
     6     This act shall take effect in 60 days JANUARY 1, 1984.         <--
















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