South Carolina Code of Laws
Chapter 6 - Auctioneers
Section 40-6-230. Eligibility requirements for license as auctioneer, purebred livestock auctioneer, or tobacco auctioneer.

(A) To be licensed as an auctioneer, an individual must:
(1) be eighteen years of age or older;
(2) submit a written application on a form approved by the commission along with the required fee;
(3) have satisfactorily completed:
(a) one year of apprenticeship; or
(b) eighty hours of classroom instruction in a course in auctioneering at an institution approved by the commission, or the substantial equivalent and achieve a passing score on a written examination approved by the commission testing the applicant's understanding of the law relating to auctioneers and auctions, ethical practices for auctioneers, and the mathematics applicable to the auctioneer business. The examination may not be taken more than one time during any six-month period following the second failure of the examination;
(4) provide a criminal history conviction record from the South Carolina Law Enforcement Division and affirm that the applicant has not been convicted of a felony or any other crime involving fraud or moral turpitude during the preceding five years;
(5) provide a credit record satisfactory to the commission and pay a ten dollar fee to the commission to obtain the credit report.
(B) To be licensed as a purebred livestock auctioneer, an individual must:
(1) be eighteen years of age or older;
(2) submit a written application on a form approved by the commission along with the required fee;
(3) have satisfactorily completed:
(a) one year of apprenticeship; or
(b) eighty hours of classroom instruction in a course in auctioneering at an institution approved by the commission, or the substantial equivalent;
(4) provide a criminal history conviction record from the South Carolina Law Enforcement Division and affirm that the applicant has not been convicted of a felony or any other crime involving fraud or moral turpitude during the preceding five years;
(5) provide a credit record satisfactory to the commission and pay a ten dollar fee to the commission to obtain the credit report.
(C) To be licensed as a tobacco auctioneer, an individual must:
(1) be eighteen years of age or older;
(2) submit a written application on a form approved by the commission along with the required fee;
(3) have satisfactorily completed:
(a) one year of apprenticeship; or
(b) eighty hours of classroom instruction in a course in auctioneering at an institution approved by the commission, or the substantial equivalent;
(4) provide a criminal history conviction record from the South Carolina Law Enforcement Division and affirm that the applicant has not been convicted of a felony or any other crime involving fraud or moral turpitude during the preceding five years;
(5) provide a credit record satisfactory to the commission and pay a ten dollar fee to the commission to obtain the credit report.
HISTORY: 2000 Act No. 318, Section 1.

Editor's Note
Prior Laws:1977 Act No. 111, Section 8; 1980 Act No. 327; 1987 Act No. 34, Section 1; 1991 Act No. 38, Section 5; 1993 Act No. 155, Section 9; 1976 Code Section 40-6-80.

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.