§ 85B-3.1. Auctioneers Commission; powers and duties. - North Carolina Statutes

§ 85B‑3.1.  AuctioneersCommission; powers and duties.

(a)        The Commissionshall have the following powers and duties:

(1)        To receive and actupon applications for licenses.

(2)        To issue licenses.

(3)        To deny, suspend,and revoke licenses pursuant to G.S. 85B‑8.

(4)        To issue declaratoryrulings.

(5)        To adopt rules forauctioneers and auctions that are consistent with the provisions of thisChapter and the General Statutes.

(b)        The Commission mayassess a civil penalty not in excess of two thousand dollars ($2,000) for actsprohibited in G.S. 85B‑8. All civil penalties collected by the Commissionshall be remitted to the school fund of the county in which the violationoccurred. Before imposing and assessing a civil penalty and fixing the amountthereof, the Commission shall, as a part of its deliberations, take intoconsideration the following factors:

(1)        The nature, gravity,and persistence of the particular violation.

(2)        The appropriatenessof the imposition of a civil penalty when considered alone or in combinationwith other punishment.

(3)        Whether theviolation was willful.

(4)        Any other factorsthat would tend to mitigate or aggravate the violations found to exist.

(c)        The Commissionshall have the power to acquire, hold, rent, encumber, alienate, and otherwisedeal with real property in the same manner as a private person or corporation,subject only to approval of the Governor and the Council of State. Collateralpledged by the Commission for an encumbrance is limited to the assets, income,and revenues of the Commission.

(d)        The Commission maypurchase, rent, or lease equipment and supplies and purchase liabilityinsurance or other insurance to cover the activities of the Commission, itsoperations, or its employees. (1999‑142, s. 2; 1999‑456, s. 23; 2001‑198,s. 3.)