§ 85B-8. Prohibited acts; assessment of civil penalty; denial, suspension, or revocation of license. - North Carolina Statutes

§ 85B‑8.  Prohibitedacts; assessment of civil penalty; denial, suspension, or revocation oflicense.

(a)        The following shallbe grounds for the assessment of a civil penalty in accordance with G.S. 85B‑3.1(b)or the denial, suspension, or revocation of an auctioneer, auctioneerapprentice, or auction firm license:

(1)        Any violation ofthis Chapter or any violation of a rule or regulation duly adopted by theCommission.

(2)        A continued andflagrant course of misrepresentation or making false promises, either by thelicensee, an employee of the licensee, or by someone acting on behalf of andwith the licensee's consent.

(3)        Any failure toaccount for or to pay over within a reasonable time, not to exceed 30 days,funds belonging to another which have come into the licensee's possessionthrough an auction sale.

(4)        Any false,misleading, or untruthful advertising.

(5)        Any act of conductin connection with a sales transaction which demonstrates bad faith ordishonesty.

(6)        Knowingly usingfalse bidders, cappers or pullers, or knowingly making a material falsestatement or representation.

(7)        Commingling thefunds or property of a client with the licensee's own or failing to maintainand deposit in a trust or escrow account in an insured bank or savings and loanassociation located in North Carolina funds received for another person throughsale at auction.

(8)        Failure to make therequired contribution to the Fund.

(9)        The commission orconviction of a crime that is punishable as a felony offense under the laws of NorthCarolina or the laws of the jurisdiction where committed or convicted, or thecommission of any act involving fraud or moral turpitude.

(10)      Failure to properlymake any disclosures or to provide documents or information required by thisChapter or by the Commission.

(11)      A demonstrated lackof financial responsibility.

(b)        through (d)Repealed by Session Laws 1973, c. 1195, s. 5.

(e)        The Commission mayinvestigate complaints and conduct hearings as follows:

(1)        The Commission mayupon its own motion or upon the complaint in writing of any person, providedthe complaint and any evidence presented with it establishes a prima faciecase, hold a hearing and investigate the actions of any auctioneer, apprenticeauctioneer, or auction firm, or any person who holds himself or herself out asan auctioneer or apprentice auctioneer, and shall have the power to impose acivil penalty on any licensee, suspend or revoke any license issued under theprovisions of this Chapter, or to reprimand or censure any licensee. In allproceedings for the imposition of a civil penalty or the denial, suspension, orrevocation of licenses, the provisions of Chapter 150B of the General Statutesincluding provisions relating to summary suspension shall be applicable. Anyperson who desires to appeal the denial of an application for any licenseauthorized to be issued under this Chapter shall file a written appeal with theCommission not later than 30 days following notice of denial.

(2)        The Commission may,upon its own motion, summarily suspend a license when the health, safety, orwelfare of the public is at risk, such as in the event of a potential loss ofconsigned items or potential loss of funds.

(f)         A person whoselicense has been denied, suspended, or revoked may not apply in that person'sname or in any other manner within the period during which the order of denial,suspension, or revocation is in effect, and no firm, partnership, orcorporation in which any person has a substantial interest or exercisesmanagement responsibility or control may be licensed during the period. (1973, c. 552, s. 8; c. 1195,ss. 4, 5; c. 1331, s. 3; 1975, c. 648, s. 6; 1983, c. 603, s. 6; 1989, c. 732,s. 5; 1991 (Reg. Sess., 1992), c. 819, s. 21; 1999‑142, s. 7; 2005‑330,s. 7.)