§ 37:3113 — Qualifications of applicants

Louisiana § 37:3113

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§3113. Qualifications of applicants
A. The board shall base determination of satisfactory minimum qualifications for
licensure as an auctioneer on whether the applicant:
(1) Is of good moral character.
(2) Is a citizen of the United States or a legal resident of the state of Louisiana.
(3) Is at least eighteen years of age.
(4) Has completed one of the following:
(a) A series of studies at a school of auctioneering licensed or approved by the board.
(b) An apprenticeship of one year working with and under an auctioneer duly
licensed in the state of Louisiana.
B. The board shall base determination of satisfactory minimum qualifications for
licensure of an entity as an auction business on the following requirements:
(1) That the entity employs or will employ an auctioneer licensed pursuant to this
Chapter to conduct auctions in this state.
(2) If the entity is a foreign corporation, partnership, or limited liability company,
that the entity is authorized to do business in this state by and is registered with the secretary
of state pursuant to Title 12 of the Louisiana Revised Statutes of 1950.
(3) The applicant for licensure, excluding those who conduct wholesale motor
vehicle auctions in compliance with R.S. 32:794, shall designate a qualifying party who shall
be the legal representative for the auction business relative to the provisions of this Chapter.
The board may deny approval of the qualifying party for good cause, which may include the
ability of the proposed principal owner or owners, principal shareholder or shareholders, or
qualifying party to engage in the auction business as demonstrated by his prior auction
business experience. Evidence which may be considered by the board shall be limited to any
legal proceedings against the qualifying party or businesses where the qualifying party was
in a position of control at the time that a problem arose and the ultimate disposition of such
proceedings, any financial history of bankruptcies, unpaid judgments, insolvencies, or any
similar evidence. When the qualifying party terminates employment with the licensee, the
board shall be notified in writing within thirty days of the disassociation, and another
qualifying party shall qualify within sixty days. The qualifying party or parties are any
individual licensed as an auctioneer pursuant to the requirements in this Chapter and are one
or more of the following:
(a) An applicant sole proprietor or spouse of an applicant sole proprietor.
(b) Any employee of an applicant who has been in full-time employment for one
hundred twenty consecutive days immediately preceding the application. The employee may
be allowed to be the qualifying party for the licensed company and related entities.
(c) Any stockholder, officer, or director of an applicant corporation.
(d) Any partner of an applicant partnership.
(e) Any member or manager of an applicant limited liability company.
(4) If the entity intends to conduct auctions wherein vehicles will be auctioned as
defined by R.S. 32:1, the entity shall hold a valid dealer license pursuant to R.S. 32:1254
unless a valid dealer license is not required by the regulating agency.
C. An applicant for licensure as an auctioneer shall fill out and file with the board
an application form provided by the board. The form shall require relevant information
about the applicant's character, knowledge, and experience in application of that knowledge.
Among the data required on the application form, the applicant shall submit the following
information:
(1) Educational background.
(2) Previous occupational experience in the auction business.
(3) Three references, including their business addresses, who attest to the applicant's
reputation and adherence to ethical standards.
D.(1) An applicant for licensure of an entity as an auction business shall submit the
following information on an application form designated by the board:
(a) The name of each owner of the entity and the length of time each such person has
been an owner.
(b) Each business address of the entity.
(c) Each auctioneer licensed by the date of application who has been employed by
the business for more than one auction in the previous calendar year.
(d) The nature of the business and the product sought to be sold.
(e) Two references who shall be auctioneers currently licensed in this state in good
standing with the board.
(f) A copy of the auctioneer license of the qualifying party.
(g) A copy of the dealer license for those entities conducting auctions of vehicles if
such license is required.
(2) An auction business may operate at more than one location; however, it shall only
operate under the name on its license issued by the board.
E. If, in the opinion of the board, the applicant provides inadequate information to
allow the board to ascertain whether the applicant satisfies the qualifications for licensure,
the applicant shall be required to provide additional information for purposes of the
application or may be required to present himself for an interview for this purpose.

Legislative History

Added by Acts 1983, No. 508, §5. Acts 1984, No. 780, §2; Acts 2000, 1st Ex. Sess., No. 126, §1; Acts 2024, No. 786, §1, eff. Jan. 1, 2025.