The bill amends the Code of West Virginia to modernize and clarify regulations surrounding auctioneers. Key updates include a revised definition 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 establishes a 30-day grace period for auctioneers and apprentice auctioneers to operate after their license expires, provided they have submitted renewal paperwork. The bill emphasizes the importance of background checks, requiring criminal history checks to be conducted by the West Virginia State Police and the FBI, and mandates that fees be set by legislative rule.
Additionally, the bill outlines a new process for handling complaints against auctioneers, requiring the Department of Agriculture to present verified complaints to a newly formed board of review, which will consist of three members appointed by the Governor. It modifies the method for serving orders from the commissioner from registered to certified mail and specifies penalties for violations, including both criminal and civil penalties. The bill also establishes requirements for written contracts between auctioneers and sellers, mandates clear advertising practices, and prohibits misleading advertisements, ensuring that all auction firms and auctioneers comply with the updated regulations.
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