Ala. Admin. Code r. 150-X-1-.10
Current through Register Vol. 43, No. 1, October 31, 2024
Section 150-X-1-.10 - Duties Of Sponsors And Apprentices(a) In order to sponsor an apprentice auctioneer, an auctioneer must have been licensed for at least two (2) years and be in good standing with the Board.(b) Any apprentice auctioneer so sponsored shall be under the direct supervision of his/her sponsor or under the direct supervision of his/her non-sponsoring employer auctioneer, if acting pursuant to paragraph (g).(c) A sponsoring auctioneer is to be responsible and accountable for the acts of their apprentices in the conduction of auction business and sales and have agreed to be present at the sale site and directly supervise any auction sale conducted by said apprentice. In the event a sponsoring auctioneer cannot attend a particular sale, he/she must make a written appointment of a qualified licensed auctioneer to act in his/her stead on a form approved by the Board.(d) All sponsoring auctioneers shall be an Alabama Licensed Auctioneer in good standing with the Board.(e) Any legal document relative to conducting, or offering to conduct, any auction shall be executed by an auctioneer, or by an apprentice auctioneer with the approval of his/her sponsor so noted on the document.(f) Any advertisement for an auction sale must clearly and conspicuously identify the name and license number of the sponsoring auctioneer and any apprentices who will be conducting the auction business.(g) An apprentice auctioneer may be employed by a licensed auctioneer who is not designated as the apprentice's sponsor if the following terms and conditions are met: 1. The apprentice auctioneer must first notify the Board of such employment on a form approved by the Board. The form shall include the written permission of the apprentice's sponsor and the agreement of the non-sponsoring employer auctioneer to assume the duties of the sponsoring auctioneer during the term of employment. The form shall contain the signatures of the apprentice auctioneer, the sponsoring auctioneer and the non-sponsoring employer auctioneer, which may be provided in counterparts, but which shall constitute a single agreement regarding the employment of the apprentice auctioneer.2. The non-sponsoring employer auctioneer must be currently licensed as an auctioneer in the State of Alabama and must be in good standing with the Board.3. Any violation of this rule shall subject the apprentice auctioneer, the sponsoring auctioneer and/or the non-sponsoring employer auctioneer to disciplinary action by the Board.(h) An apprentice: 1. may not execute a contract to conduct an auction without the signature of his/her sponsor.2. may not sign a settlement statement or have an escrow or trust account in his/her name. An apprentice's sponsoring auctioneer is responsible for keeping the account of and dispersing money received at an auction.3. may not conduct an auction without the direct supervision of his/her sponsor or the sponsor's designee.(i) If a sponsoring auctioneer has disassociated and ended his/her sponsorship, said sponsor must notify the State Board in writing within thirty (30) days of the termination of the sponsorship. The license certificate of the terminated apprentice must be returned with the written notice of termination. (34-4-21) Ala. Admin. Code r. 150-X-1-.10
New Rule: Filed July 12, 1995; effective August 16, 1995. Amended: Filed December 9, 1998; effective January 13, 1999. Amended: Filed January 18, 2002; effective February 22, 2002. Amended: Filed January 29, 2003; effective March 5, 2003. Amended: Filed July 24, 2007; effective August 28, 2007. Amended: Filed April 16, 2014; effective May 21, 2014.Amended by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.Rule .11 was renumbered to .10 as per certification filed July 24, 2007; effective August 28, 2007.
Author: J. O. Blandenburg
Statutory Authority:Code of Ala. 1975, § 34-4-21.