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Request for Public Comment - Auctioneer Rules

REQUEST FOR PUBLIC COMMENT
Auctioneer Licensure Five Year Rule Review


The rules in this package have been reviewed pursuant to Chapter 119 of the Revised Code and are being proposed as follows. The comment period will remain open through June 19, 2020. Comments may be emailed to ecomments@agri.ohio.gov or mailed to Legal Section, Ohio Department of Agriculture, 8995 E. Main St., Reynoldsburg, Ohio 43068.


OAC Chapter 901:8-2 is currently up for five-year review. The rules in this package outline the regulations of the auctioneer profession in the state. The rules are being amended or rescinded as follows:
Rule 901:8-2-01 outlines the meeting requirements of the state auctioneer’s commission. It sets forth the notice requirements of the commission. It is being amended to provide flexibility in the location of the commission meetings and change chairman to chairperson.
Rule 901:8-2-02 sets forth the requirements of non-Ohio residents to obtain an auctioneer license through reciprocity. This rule is being rescinded as it duplicates requirements found in Revised Code.
Rule 901:8-2-03 outlines the auctioneer license procedure and the deposit or return of license. This rule is being amended to remove any duplicate requirements found in Revised Code and stylistic changes.
Rule 901:8-2-04 sets forth the requirements of non-Ohio residents to obtain an auctioneer license through reciprocity. This rule is being rescinded as it duplicates requirements found in Revised Code.
Rule 901:8-2-05 sets forth the procedure for renewing an already existing auctioneer license. The rule is being amended to remove duplicate requirements found in Revised Code and stylistic changes.
Rule 901:8-2-06 outlines the requirements of auctioneers regarding contracts and records. The rule states that all auctioneers shall enter into written contracts with the owner or consignee of the property they wish to offer for sale. The rule includes contract terms which are required in every contract. This rule is being amended to remove duplicate requirements found in Revised Code.
Rule 901:8-2-07 sets forth the license procedure for corporations, partnerships, unincorporated associations, and auction firms. This rule is being rescinded as it duplicates requirement found in Revised Code.
Rule 901:8-2-08 outlines the violations of this chapter. The rule states that there are minor and major offense with different civil penalties attached to each. The rule is being amended to add clarification and stylistic changes.
Rule 901:8-2-09 outlines the auctioneer fund and how to make claims against the fund. The rule is being amended to remove duplicate requirements found in Revised Code.
Rule 901:8-2-10 sets forth the procedure for obtaining an auction firm license. The rule is being amended to remove duplicate requirements found in Revised Code and stylistic changes.
Rule 901:8-2-11 outlines procedures for online auctions held in conjunction with a live auction. The rule is being amended for stylistic changes.