W. Va. Code R. § 61-11B-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-11B-6 - License Renewal

6.1. An applicant shall submit all materials required by the Commissioner to the Department of Agriculture before the Commissioner may renew a license. Requests which do not contain all necessary information may result in delays in the issuance of the license.

6.2. An auctioneer shall provide the Commissioner with proof of completion of at least six (6) hours of continuing education within the previous license year.

6.2.a. An auctioneer shall complete six (6) hours of continuing education each subsequent year in order to qualify for license renewal.

6.2.b. The Commissioner or his or her designee must approve all continuing education programs as to subject matter before credit will be granted.

6.2.c. Requests for approval shall include: the name of course, the course provider, the date of instruction, an outline of the course, the instructor or sponsor and his or her qualifications for teaching the class, the instructor or sponsor's address and the number of hours of instruction.

6.2.d. Curricula must be approved in advance, and in the case of group instruction, the instructor or course provider shall provide a certified list of those persons completing the course. Failure of the provider to seek and be given approval in advance may result in the denial of continuing education credit.

6.2.e. Continuing education may include, but is not limited to, seminars, correspondence courses, certified home study and formal course work offered through vocational programs, extension programs, colleges and universities, or certified auction schools.

6.3. An auctioneer shall complete six (6) hours of continuing education each year in order to qualify to renew his or her license for the next year.

6.3.a. Only classes taught by course providers approved by the Commissioner or his or her designee qualify for credit.

6.3.b. At least three (3) hours of the required six (6) hours of class shall be from core subjects. Core subjects are:

6.3.b.1. West Virginia statutes and rules governing auctioneering;

6.3.b.2. Federal statutes and rules governing auctioneering;

6.3.b.3. Auctioneering ethics;

6.3.b.4. Escrow, trust and custodial accounts;

6.3.b.5. Advertising;

6.3.b.6. Contracts; and

6.3.b.7. Other subjects approved by the Commissioner.

6.4. An apprentice auctioneer shall complete three (3) hours of continuing education set forth in section 6.3 each licensed year in order to qualify to renew his or her license for the next year.

6.5. An auctioneer who wishes to place his or her license on inactive status may do so, provided that he or she satisfy the following requirements:

6.5.a. The auctioneer notifies the Commissioner, on a form provided for that purpose, prior to the conclusion of the license year.

6.5.b. The auctioneer pays the annual license fee of fifty dollars.

6.5.c. The auctioneer does not conduct any auctions during the period of inactivity.

6.6. If the auctioneer does wish to reactivate his license, he or she must provide notice, on a form provided by the Commissioner, to the Commissioner at least thirty (30) days before the auctioneer wishes to perform auctions.

6.6.a. The notice must contain sufficient information to satisfy the Commissioner that the auctioneer has complied with all annual requirements, including continuing education requirements, for active licensure for the year for which the license will be active.

6.6.b. The notice must include a required reactivation fee of fifty dollars.

W. Va. Code R. § 61-11B-6