Sec. 2. (a) If the total amount in the auctioneer recovery fund (including principal and interest) is less than three hundred sixty thousand dollars ($360,000) on June 30 in an odd-numbered year after the payment of all claims and expenses, the auctioneer commission shall assess a surcharge according to the following formula in order to maintain the fund at an approximate level of four hundred thousand dollars ($400,000):
STEP ONE: Determine the amount remaining in the fund on June 30 of the current year after all expenses and claims have been paid.
STEP TWO: Subtract the amount determined under STEP ONE from four hundred thousand dollars ($400,000).
STEP THREE: Determine the number of licensees who had licenses in effect on June 30 of the current year.
STEP FOUR: Divide the number determined under STEP TWO by the number determined under STEP THREE.
(b) The auctioneer commission shall assess the surcharge described in subsection (a) against each licensee who:
(1) receives an initial license; or
(2) receives a renewal license.
(c) The auctioneer commission shall assess the surcharge described in subsection (a) for the two (2) year period beginning on July 1 of the current year through June 30 of the next odd-numbered year.
(d) The surcharge assessed under this section is in addition to any other fee under this article.
As added by P.L.256-1987, SEC.4. Amended by P.L.143-1990, SEC.2; P.L.214-1993, SEC.17; P.L.59-2014, SEC.11.
Structure Indiana Code
Title 25. Professions and Occupations
Article 6.1. Auctioneers and Auctions
Chapter 8. Auctioneer Recovery Fund
25-6.1-8-1. Establishment of Fund; Administration; Investments
25-6.1-8-2. Surcharge; Formula; Assessment
25-6.1-8-2.1. Reversion of Excess Funds
25-6.1-8-3. Interest Credited; Payment of Expenses
25-6.1-8-4. Claims Against Fund; Applications; Amount of Loss; Limitation on Recovery
25-6.1-8-6. Agents for Service of Process
25-6.1-8-7. Limitation of Actions; Notice of Commencement of Action
25-6.1-8-8. Commission as Defendant; Hearings; Order of Payment of Claim
25-6.1-8-10. Suspension of Judgment Debtor's License; Repayment by Licensee; Interest
25-6.1-8-12. Expenditure of Interest
25-6.1-8-13. Attorney General; Assistance to Commission; Expenses