TITLE 812 INDIANA AUCTIONEER COMMISSION

Amends 812 IAC 1-1-2 concerning time for holding examinations. Amends 812 IAC 1-1-3 concerning receipt of application before examination and examination fee. Amends 812 IAC 1-1-41 concerning records and accounts for auction house licensee and auction company licensee. Amends 812 IAC 1-1-43 concerning violations for professional incompetence. Amends 812 IAC 3-1-1 concerning continuing education requirements. Amends 812 IAC 3-1-1.1 concerning core subjects as elective credit. Amends 812 IAC 3-1-6 regarding approved auctioneer continuing education sponsors. Amends 812 IAC 3-1-10 concerning renewal applications. Amends 812 IAC 3-1-11 concerning failure to meet continuing education requirements. Amends 812 IAC 3-1-13 concerning requirements for reinstating an active license. Repeals 812 IAC 1-1-5, 812 IAC 1-1-6, 812 IAC 1-1-36, and 812 IAC 1-1-42. Effective 30 days after filing with the Publisher.

SECTION 1. 812 IAC 1-1-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-6.1-2-5

Sec. 2. Examinations will be held on the second Wednesday of March, July and November of each year in Indianapolis, Indiana and at such other time times and places as the commission may direct. Individual examinations are not permitted.

SECTION 2. 812 IAC 1-1-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-6.1-3-2

Sec. 3. The completed application forms for examination and licensure as an auctioneer together with the thirty-five (35) dollars non-refundable examination fee fees under section 35(a)(1) and 35(a)(6) of this rule shall be received in the office of the commission at least thirty (30) seven (7) business days prior to before an examination date. The applicant will be advised of the time and place of the examination upon receipt of the completed application. If the applicant does not appear at the initial examination for which he or she has been scheduled, the applicant will be rescheduled for the following scheduled examination. If the applicant fails to appear for the following scheduled examination, the application and fee shall be forfeited.

SECTION 3. 812 IAC 1-1-41 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-6.1-6-3

Sec. 41. Each auction company licensee and auction house licensee, in addition to the requirements under IC 25-6.1-6-3, shall keep and maintain for a period of not less than two (2) four (4) years the:

SECTION 4. 812 IAC 1-1-43 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-1-11

Sec. 43. Violations of sections 13, 14, 16, 16.1, 19 through 34, and 38 through 43 of this rule shall be considered professional incompetence under IC 25-6.1-4-1.1. IC 25-1-11 et seq.

SECTION 5. 812 IAC 3-1-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-1-11; IC 25-6.1-9-1

Sec. 1. (a) As a prerequisite to renewal of an auctioneer license, the licensee shall satisfactorily complete twelve (12) sixteen (16) hours of continuing education from an auctioneer continuing education course sponsor approved by the commission, which must be obtained during the two (2) four (4) year licensure period ending February 28 of every even-numbered fourth year. No Not more than eight (8) hours of continuing education may be acquired during any one (1) day.

(b) Notwithstanding subsection (a), continuing education credit may be granted to an individual for instructing an auctioneer continuing education course. One (1) hour of continuing education credit may be earned per one (1) hour taught. No Not more than four (4) hours of continuing education credit accumulated in this manner may be applied toward license renewal requirements. Instructors of auctioneer continuing education courses may not receive credit for repeated courses.

(c) A licensee is not entitled to continuing education credit for any classroom hours that were used for required prelicensure education under 812 IAC 2-1.

(d) A licensee who attends the same continuing education course more than once in the same two (2) four (4) year license period is entitled to continuing education credit for that course only once.

(e) Multimedia instruction must take place in a classroom setting with a qualified instructor present throughout the duration of the educational offering.

(f) Correspondence courses do not qualify for continuing education credit.

(g) The commission may do the following:

(h) It is the responsibility of each licensee to retain evidence to support the courses taken by the licensee for a period of twenty-four (24) months five (5) years after the end of the renewal period for which the renewal application is submitted and the continuing education hours are claimed to the commission. These records shall include one (1) or more of the following:

SECTION 6. 812 IAC 3-1-1.1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-1-11; IC 25-6.1-9-1

Sec. 1.1. When the licensee obtains more than the required six (6) hours of continuing education in subjects listed in IC 25-6.1-9-1(b)(2) IC 25-6.1-9-1(b)(1) as core subjects, the licensee may count the excess hours toward meeting the six (6) ten (10) hour elective subject requirement in IC 25-6.1-9-1(b)(2).

SECTION 7. 812 IAC 3-1-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-6.1

Sec. 6. (a) Upon completion of a continuing education course, the approved auctioneer continuing education sponsor shall provide all attendees a course completion certificate that must include the following information:

(b) Licensees The approved auctioneer continuing education sponsors must retain the certificates described in subsection (a) for at least two (2) five (5) years after the end of the two (2) four (4) year renewal period in which the course was taken.

SECTION 8. 812 IAC 3-1-10 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-1-11; IC 25-6.1-9

Sec. 10. (a) An applicant for license renewal shall certify on the application that the applicant has complied with the continuing education requirements under IC 25-6.1-9 and this article.

(b) The commission may request the following:

(c) It is the responsibility of each licensee to retain course attendance verification to support the courses taken by the licensee for two (2) years after the end of the biennial period for which the continuing education is claimed.

(d) (c) The commission may request applicants to prove information as provided in subsection (c) section 1(h) of this rule in order to verify continuing education hours claimed in the application. Failure to do so shall subject a licensee to the sanctions provided for under IC 25-1-11.

SECTION 9. 812 IAC 3-1-11 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-6.1-3-2

Sec. 11. (a) A licensee who does not obtain the required number of continuing education hours during a two (2) four (4) year licensure period may cure that deficiency by taking them in the next licensure period. However, the license shall not be renewed until the necessary hours are obtained. An individual whose license has lapsed longer than one (1) year is governed by IC 25-6.1-3-2(i).

(b) Continuing education hours obtained to cure a deficiency in a prior licensure period shall not be double-counted by also being credited toward the hours required for license renewal at the conclusion of the current licensure period.

SECTION 10. 812 IAC 3-1-13 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-6.1

Sec. 13. In order to reinstate an inactive license at any time during the licensure period, the licensee must have completed twelve (12) sixteen (16) actual hours of continuing education from course sponsors approved by the commission.

SECTION 11. THE FOLLOWING ARE REPEALED: 812 IAC 1-1-5; 812 IAC 1-1-6; 812 IAC 1-1-36; 812 IAC 1-1-42.

DIN: 20090826-IR-812080757FRA

Composed: May 02,2024 6:41:43PM EDT

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