W. Va. Code R. § 61-11B-17
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-11B-17 - Auctioneering Exemptions17.1. A person who does not have a West Virginia auctioneer license may conduct an auction on behalf of a charitable organization, provided the person conducting the auction: 17.1.a. Receives no monetary compensation for his or her services, or for any services associated with the charitable event.17.1.b. Does not engage in any activities related to the sale, such as soliciting items, setting minimum bids, or other traditional auctioneering activities, other than volunteer auction services; and17.1.c. Records charitable auctions on forms prescribed by the commissioner.17.1.d. An unlicensed auctioneer may only conduct four (4) charitable auctions in a 12-month period. Special requests to allow for more than four (4) charitable auctions per licensed year may be submitted to the Commissioner in writing, detailing specific reasons to exceed the charitable auction limit and justification for not acquiring West Virginia auctioneer license.17.2. Any person listing goods for sale at public auction or auction on the Internet which includes live, real-time, extended, or any similar such event as may be devised with the development of technology or any combination of such and increases in bid increments, is subject to the rules and regulations set forth therein and W.Va. Code 19-2C. 17.2.a. The provisions of this section do not apply to e-commerce corporations or marketplaces that facilitate or provide consumer-to-consumer or business-to-consumer sales through its website and provide internal buyer and seller protections to its participants, e.g., eBay or similar auction-based websites.17.2.b. Auctions that are held utilizing a platform owned or operated by the person offering the items for sale at public auction or auction are not subject to this exemption, and the individual operating such a website or software must hold a license to conduct those auctions.W. Va. Code R. § 61-11B-17