SB 890 — Relating to auctioneers

(i) An individual with a criminal record who has not previously applied for licensure, certificationcertification, or registration may petition the commissioner at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license or other authorization.

This petition shall include sufficient details about the individual’s criminal record to enable the commissioner to identify the jurisdiction where the conviction occurred, the date of the convictionconviction, and the specific nature of the conviction.

(j) Nothing in this section alters the standards and procedures the commissioner uses for evaluating licensure, certificationcertification, or registration renewals.

(l) The provisions of this section, enacted during the 2019 Regularregular Sessionsession of the Legislature, shall not apply to current licensees who maintain active licensure, but shall apply to individuals currently holding an apprentice auctioneer license who are applying for an auctioneer license, or to any current license holder whose license lapses and who is required to reapply.

CS for SB 890 §19-2C-6.

and Intr SB 890 2025R4033 (4) Has taken and passed a written examination relating to the skills and knowledge of the statutes and rules governing auctioneers.

CS for SB 890 (e) The commissioner may not issue an apprentice auctioneer license until bond has been filed.

Provided, That an apprentice auctioneer may continue to perform auctions for up to 203020 30 days after June 30, so long as he or she has submitted the required paperwork to renew his or her apprentice auctioneer license:

Intr SB 890 2025R4033 (f) A person cannot be licensed as an apprentice auctioneer for more than three years without applying for an auctioneer license.

Should an apprentice auctioneer allow the threethree-year year limit to lapse, then the apprentice auctioneer shall be required to take the apprentice examination and meet all the requirements of this article.

No more than two board members shall be from any one CS for SB 890 congressional district and no more than two members shall be from the same political party.

Board members shall receive no compensation for their service on the board, but compensation for each day or portion of a day engaged in the discharge of official duties, which compensation may not exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law, and shall be entitled to receive reimbursement for expenses in accordance with the Department of Agriculture travel Intr SB 890 2025R4033 regulations.

Within 10 daysdaysof of the receipt of such order any party adversely affected thereby may, in writing, request a hearing before the commissioner.

Such hearing and any judicial review thereof shall be conducted in accordance with the applicable provisions of §29A-5-§29A-5-1 1 et seq.

— Any person, firm, associationassociation, or corporation violating a provision of this article or the rules, is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 nor more than $500 for the first offense, and not less than $500 nor more than $1,000 for the second and subsequent offenses.

— Any person violating a provision of this article or the rules,rules may be assessed a civil penalty by the commissioner.

(1) In determining the amount of the civil penalty, the commissioner shall give due consideration to the history of previous violations by the person, the seriousness of the violation, and the demonstrated good faith of the person charged in attempting to achieve compliance with CS for SB 890 this article before and after written notification of the violation.

(2) In addition to a penalty assessed against an unlicensed auctioneer for practicing Intr SB 890 2025R4033 without the required license, the commissioner may assess penalties against an unlicensed auctioneer for violations of the provisions of this article that would have applied to the individual’s conduct had he or she held the required license.

(3) The civil penalty is payable to the State of West Virginia DepartmentWest ofVirginia AgricultureDepartment State of WestAgriculture Virginia and is collectible in any manner provided for collection of debt.

If any person liable to pay the civil penalty neglects or refuses to pay thethepenalty, penalty, the amount of the civil penalty, together with interest at 10 percent, is a lien in favor of the Statestate of West Virginia upon the property, both real and personal, of the person after the same has been entered and docketed to record in the county where the property is situated.

(a) No person may act as an auctioneer on the sale at public auction of any goods, wares, merchandisemerchandise, or of any other property, real or personal, until he or she has entered into a written contract in duplicate with the owner or consignor of the property to be sold.

CS for SB 890 (1) State the terms and conditions upon which the auctioneer receives or accepts the property for sale at auction;

(4) Be retained by the auctioneer for a period of three years from the date of final Intr SB 890 2025R4033 settlement;

(8) Have a prominent statement indicating that the auctioneer is licensed by the Department of Agriculture and is bonded in favor of the Statestate of West Virginia;

(A) The name, addressaddress, and phone number of the owner of the property to be sold or the consignor;

(F) A statement establishing the responsibility for bad checks, debtsdebts, and unpaid auction items;

(G) A detailed list of all fees to be charged to the seller by the auctioneer, including commissions, rentals, advertisingadvertising, and labor;

CS for SB 890 (I) A statement above the owner’s signature line:

(K) MustA provision to disclose if subcontracting auctions and subcontracts must meet the same Intrcontracting SB 890 2025R4033 contacting requirements in this section of code;

(L) Disclosure of buyer’s feefee, if applicableapplicable, and the amount;

and (M) A provision concerning the disposition and responsibility for items remaining after auction of unsold items, and uncollected items.

(e) By entering into contracts with sellers of property pursuant to this section, the owners and partners of any auction house firm or business entity agree to submit to the jurisdiction of the CS for SB 890 commissioner and the Boardboard of Reviewreview and are subject to the penalties set forth in §19-2C-8 of this code.

(f) All actionauction firms must register and submit a fee to the Departmentdepartment on a form to be prescribed by the commissioner and must renew registration annually.

Provided, thatThat he or she may continue to perform auctions for up to 30 days after June 30, so long Intr SB 890 2025R4033 as the auction firm has submitted the required paperwork to renew his or her auctioneer license.

(g) Auction firms that are owned by a licensed auctioneer, provided the firm only utilizes a substitute auctioneer less than 14 days a year, andandsuch such auctioneer also conducts the live auctionauction, are required to have contracts with the seller.

and required to have a surety bond for the auction firm.

(a) In advertising an auction sale by any licensed auctioneer, or auction firm, the principal auctioneer or auctioneers who physically conduct the sale shall be listed prominently in such advertising as used by said auctioneer or auctioneers.

The individual auctioneer or auctioneers who conduct the sale shall be the person or persons who call for, acceptaccept, and close bids on the majority of items offered for sale.

CS for SB 890 (c) The auctioneer’s name and license number shall be displayed in equal prominence with the name of the apprentice auctioneer and license number in such advertisement.

(e)The(e) The following are prohibited in advertising or promoting an auction:

Intr(1)It SB 890 2025R4033 (1) It is unlawful tToTo conduct or advertise that an auction is absolute if minimum opening bids are required or other conditions are placed on the sale that limit the sale other than to the highest bidder.

(3) It is unlawful for a sale to be advertised as an auction that does not satisfy the definition of an auction as set forth in this article.

NOTE:

The purpose of this bill is to update certain definitions, add a definition to Auction Firm, putting certain sections into simpler language, removing extensions from 2020, increasing the bond to 25,000 dollars, clarifying board, extending the period an apprentice auctioneer may continue to operate provided they have submitted renewal forms, expanding the board of review, granting board members compensation, clarifying penalty fees to be paid to the WVDA, adding additional clauses required for contracts, adding requirements for auction firms, and adding advertising prohibitions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.