(a)Every individual, before acting as an
auctioneer, must obtain a license from the commission.
(b)An applicant for a license must:
(1)be at least eighteen (18) years of age;
(2)have completed at least eighty (80) actual hours of auction
instruction from a course provider approved by the commission;
(3)not have a conviction for:
(A)an act which would constitute a ground for disciplinary
sanction under IC 25-1-11; or
(B)a felony that has a direct bearing on the applicant's ability
to practice competently.
(c)Auction instruction required under subsection (b) must provide
the applicant with knowledge of all of the following:
(1)The value of real estate and of various goods commonly sold
at an auction.
(3)Sale preparation, sale advertising, and sale summary.
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Every individual, before acting as an
auctioneer, must obtain a license from the commission.
(b) An applicant for a license must:
(1) be at least eighteen (18) years of age;
(2) have completed at least eighty (80) actual hours of auction
instruction from a course provider approved by the commission;
(3) not have a conviction for:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-11; or
(B) a felony that has a direct bearing on the applicant's ability
to practice competently.
(c) Auction instruction required under subsection (b) must provide
the applicant with knowledge of all of the following:
(1) The value of real estate and of various goods commonly sold
at an auction.
(2) Bid calling.
(3) Sale preparation, sale advertising, and sale summary.
(4) Mathematics.
(5) The provisions of this article and the commission's rules.
(6) Any other subject matter approved by the commission.
(d) For purposes of subsection (b)(2), the commission may approve
online auction instruction that complies with subsection (c) and is
offered by a course provider approved by the commission.
(e) An individual seeking an initial license as an auctioneer under
this article shall file with the commission a completed application on
the form prescribed by the commission. When filing an application for
an auctioneer license, each individual shall pay a nonrefundable
examination fee established by the commission under IC 25-1-8-2.
(f) When applying for a renewal of an auctioneer license, each
individual shall do the following:
(1) Apply in a manner required by the commission, including
certification by the applicant that the applicant has complied with
the requirements of IC 25-6.1-9-8, unless the commission has
granted the applicant a waiver under IC 25-6.1-9-9.
(2) Pay the renewal fee established by the commission under IC 25-1-8-2.
(g) Upon the receipt of a completed application for an initial or a
renewal license, the commission shall examine the application and may
verify the information contained therein.
(h) An applicant who is seeking an initial license must pass an
examination approved by the commission that covers subjects and
topics of knowledge required to practice as an auctioneer. The
commission shall hold examinations as the commission may prescribe.
(i) The commission shall issue an auctioneer's license, in such form
as it may prescribe, to each individual who meets all of the
requirements for licensing and pays the appropriate fees.
(j) Auctioneer licenses shall be issued for a term of four (4) years.
Subject to IC 25-1-2-6(e), a license expires at midnight on the date
established by the licensing agency under IC 25-1-6-4 and every fourth
year thereafter, unless renewed before that date. If the license has
expired, it may be reinstated not later than four (4) years after the date
it expired if the license holder meets the requirements of IC 25-1-8-6(c).
(k) If a license has expired for a period of more than four (4) years,
the holder of the license may have the license reinstated by satisfying
the requirements for reinstatement under IC 25-1-8-6(d).
(l) The commission may waive the requirement that a nonresident
applicant pass an examination and that the nonresident submit written
statements by two (2) individuals, if the nonresident applicant:
(1) is licensed to act as an auctioneer in the state of the applicant's
domicile;
(2) submits with the application a duly certified letter of
certification issued by the licensing board of the applicant's
domiciliary state;
(3) is a resident of a state whose licensing requirements are
substantially equal to the requirements of Indiana;
(4) is a resident of a state that grants the same privileges to the
licensees of Indiana; and
(5) includes with the application an irrevocable consent that
actions may be commenced against the applicant. The consent
shall stipulate that service of process or pleadings on the
commission shall be taken and held in all courts as valid and
binding as if service of process had been made upon the applicant
personally within this state. If any process or pleading mentioned
in this subsection is served upon the commission, it shall be by
duplicate copies. One (1) of the duplicate copies shall be filed in
the office of the commission and one (1) shall be immediately
forwarded by the commission by registered or certified mail to the
applicant against whom the process or pleadings are directed.
(m) The commission may enter into a reciprocal agreement with
another state concerning nonresident applicants.
As added by Acts 1977, P.L.270, SEC.1. Amended by Acts
1980, P.L.163, SEC.5; Acts 1981, P.L.222, SEC.39; Acts 1982,
P.L.113, SEC.32; P.L.3-1990, SEC.87; P.L.214-1993, SEC.14;
P.L.238-1995, SEC.2; P.L.23-2003, SEC.3; P.L.194-2005, SEC.19;
P.L.157-2006, SEC.25; P.L.105-2008, SEC.16; P.L.59-2014, SEC.4;
P.L.177-2015, SEC.17; P.L.158-2018, SEC.1.