The bill amends various sections of the Code of West Virginia concerning auctioneers, introducing new definitions and updating existing regulations. Key changes include a redefinition of "auction" to cover various bidding methods, the introduction of the term "auction firm," and an increase in the required bond for auctioneers from $10,000 to $25,000. It also clarifies exceptions to licensing requirements, allowing individuals to sell their own property without a license under certain conditions, and mandates that licensing fees be established by legislative rule. Additionally, the bill extends the operational period for apprentice auctioneers after their license expires from 20 to 30 days.
Further provisions address the investigation of complaints against auctioneers, the structure of the board of review, and the requirements for written contracts between auctioneers and sellers. The Department of Agriculture is empowered to investigate complaints, and the board of review is tasked with considering these complaints and recommending actions. The bill requires detailed disclosures in written contracts regarding fees and responsibilities, mandates annual registration for auction firms, and updates the process for serving orders from the commissioner to use "certified" mail instead of "registered" mail. It also clarifies that civil penalties are payable to the West Virginia Department of Agriculture, aiming to enhance transparency and accountability within the auctioneering industry.
Statutes affected: Introduced Version: 19-2C-1, 19-2C-2, 19-2C-3, 19-2C-3a, 19-2C-4, 19-2C-5b, 19-2C-6, 19-2C-6a, 19-2C-7, 19-2C-8, 19-2C-9, 19-2C-10
Committee Substitute: 19-2C-1, 19-2C-2, 19-2C-3, 19-2C-3a, 19-2C-4, 19-2C-5b, 19-2C-6, 19-2C-6a, 19-2C-7, 19-2C-8, 19-2C-9, 19-2C-10