South Carolina Code of Laws
Chapter 6 - Auctioneers
Section 40-6-10. Auctioneers' Commission created; membership and qualifications; compensation.

(A) There is created the South Carolina Auctioneers' Commission composed of five members to be appointed by the Governor in accordance with Section 40-1-50. The Governor shall consider nominations from any individual, group, or association. The terms of the members are for three years and until their successors are appointed and qualify. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only.
(B) At least three members of the commission must be licensed auctioneers and must be active in the auction profession. At least one member must not be connected with the auction business. A majority of the members of the commission constitute a quorum; however, if there is a vacancy on the commission, a majority of the members serving constitutes a quorum and any action taken by the commission must be by a positive majority vote of the members constituting a quorum. The members shall elect from among themselves a chairman who serves for one year and until a successor is elected and qualifies. The members of the commission shall receive the same per diem, mileage, and subsistence provided by law for members of state boards, committees, and commissions.
HISTORY: 2000 Act No. 318, Section 1.

Editor's Note
Prior Laws: 1977 Act No. 111, Sections 3, 4; 1985 Act No. 125, Section 1; 1987 Act No. 35, Section 1; 1991 Act No. 38, Section 2; 1993 Act No. 181, Section 857; 1976 Code Sections 40-6-30, 40-6-40.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 6 - Auctioneers

Section 40-6-05. Application of Chapter 1; conflicts.

Section 40-6-10. Auctioneers' Commission created; membership and qualifications; compensation.

Section 40-6-20. Definitions.

Section 40-6-50. Administrative support; authority vested in commission; license fees.

Section 40-6-60. Adoption of rules and regulations.

Section 40-6-70. Initiation of investigation of fitness.

Section 40-6-80. Power to administer oaths and subpoena witnesses for purpose of investigation; taking evidence; compelling compliance.

Section 40-6-90. Hearings.

Section 40-6-100. Cease and desist order; petition for temporary restraining order; temporary injunction.

Section 40-6-110. Grounds for action against licensee or one otherwise acting as auctioneer; licensee adjudged mentally incompetent.

Section 40-6-115. Jurisdiction of commission.

Section 40-6-120. Revocation, suspension, or restriction of license; final order of guilt as public knowledge; civil fines.

Section 40-6-130. Grounds for disciplinary action as basis for denial of licensure.

Section 40-6-140. Prior criminal record as grounds for denial of licensure.

Section 40-6-150. Surrender of license.

Section 40-6-160. Appeal.

Section 40-6-170. Costs.

Section 40-6-180. Payment of costs and fines.

Section 40-6-190. Confidentiality; privileged communications.

Section 40-6-200. Penalties.

Section 40-6-210. Petition for injunctive relief.

Section 40-6-220. Eligibility requirements for license as apprentice auctioneer; conduct of auction and review of records.

Section 40-6-230. Eligibility requirements for license as auctioneer, purebred livestock auctioneer, or tobacco auctioneer.

Section 40-6-235. Requirements for license as auction firm.

Section 40-6-240. Term of licenses; renewal; proof of continuing education; lapsed license.

Section 40-6-250. License required.

Section 40-6-260. List of licensees.

Section 40-6-270. Licensing of auctioneers licensed in another state.

Section 40-6-280. "Absolute" auctions.

Section 40-6-290. Written agreements between owner and auctioneer; records; possession of pocket card license.

Section 40-6-300. Trust or escrow accounts; bank name and account number as requirement for issuance or renewal of license; notification of changes; records of transactions.

Section 40-6-310. Estate auction requirements.

Section 40-6-320. Licensing by municipalities prohibited.

Section 40-6-330. Auctioneer Recovery Fund; maintenance and contributions; use of excess funds.

Section 40-6-340. Claims against fund; notification of licensee; investigation.

Section 40-6-350. Hearing by commission; compromise of claim; suspension of license pending repayment; subrogation.

Section 40-6-360. Limitations on payments from fund.

Section 40-6-370. Exceptions from applicability of chapter.

Section 40-6-380. Severability.