85B-3. Auctioneers Commission.
(a) There shall be a five-member North Carolina Auctioneers Commission having the powers and responsibilities set out in this Chapter. The Governor shall appoint the members of the Commission, at least three of whom, and their successors, may be from nominations submitted by the Auctioneers Association of North Carolina. The Auctioneers Association shall submit, within 45 days of when the vacancy occurs, at least three names for each position for which it is entitled to make a nomination. Of the initial five members of the Commission one shall be appointed for a one-year term, two shall be appointed for two-year terms and two for three-year terms; thereafter, each new member shall be appointed for a term of three years. Any vacancy shall be filled for the remainder of the unexpired term only. Each member shall continue in office until his successor is appointed and qualified. No member shall serve more than two complete consecutive terms.
(b) At least three members of the Commission shall be experienced auctioneers who are licensed under this Chapter. One member shall be a person who shall represent the public at large and shall not be licensed under this Chapter.
(c) The Commission shall employ an executive director and other employees as needed to carry out the duties of this Chapter. All employees shall serve at the pleasure of the Commission.
(d) Any action that may be taken by the Commission may be taken by vote of any three of its members.
(e) The members of the Commission shall elect from among themselves a chairman to serve a one-year term. No person shall serve more than two consecutive terms as chairman.
(f) Repealed by Session Laws 1999-142, s. 1, effective October 1, 1999.
(g) Members of the Commission shall receive the compensation set for members of occupational licensing boards by G.S. 93B-5. (1973, c. 552, s. 3; 1975, c. 648, s. 1; 1983, c. 751, ss. 4, 5; 1991 (Reg. Sess., 1992), c. 819, s. 3; 1999-142, s. 1; 2008-138, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 85B - Auctions and Auctioneers
§ 85B-2 - Activities governed by Chapter.
§ 85B-3 - Auctioneers Commission.
§ 85B-3.1 - Auctioneers Commission; powers and duties.
§ 85B-3.2 - Criminal history record checks of applicants for licensure.
§ 85B-4.1 - Auctioneer Recovery Fund.
§ 85B-4.2 - Grounds for payment; notice and application to Commission.
§ 85B-4.3 - Hearing; required showing.
§ 85B-4.5 - Determination of certain small claims without a prior judicial determination.
§ 85B-4.6 - Order directing payment out of Fund; compromise of claims.
§ 85B-4.7 - Limitations; pro rata distribution; attorneys' fees.
§ 85B-4.8 - Repayment to Fund; automatic suspension of license.
§ 85B-4.9 - Subrogation of rights.
§ 85B-4.10 - Waiver of rights.
§ 85B-4.11 - Persons ineligible to recover from Fund.
§ 85B-4.12 - Disciplinary action against licensee.
§ 85B-5 - Licensing of nonresidents.
§ 85B-6 - Fees; local governments not to charge fees or require licenses.
§ 85B-7 - Conduct of auction; records.