Public Law, Chapter 402, Part G, 123rd Legislature, First Regular Session

Chapter 402 S.P. 659 - L.D. 1842

PART G

Sec. G-1. 32 MRSA §287, as enacted by PL 1999, c. 146, §5 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 287. Penalties

Any person who purports to be or operates as a licensed auctioneer without first obtaining a license commits a Class E crime violates section 285 is subject to the provisions of Title 10, section 8003-C.

The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

Sec. G-2. 32 MRSA §288, as enacted by PL 1999, c. 146, §5, is amended to read:

§ 288. Board of Licensing of Auctioneers; organization

1. Board composition. The Board of Licensing of Auctioneers, as established by Title 5, section 12004-A, subsection 5, is composed of 5 members, 3 of whom must be auctioneers and 2 of whom must be public members as defined in Title 5, section 12004-A.

2. Terms; removal. The terms of the members of the board are for 3 years. Members may be removed by the Governor for cause.

3. Appointments. The members of the board are appointed by the Governor. Appointments of members must comply with Title 10, section 60 8009.

4. Meetings; quorum. The board shall meet at least once a year and at such other times as the board determines necessary. A majority of the Three members of the board constitutes constitute a quorum for the transaction of business under this chapter.

Sec. G-3. 32 MRSA §289, sub-§1, as enacted by PL 1999, c. 146, §5, is repealed.

Sec. G-4. 32 MRSA §289, sub-§2, as amended by PL 1999, c. 687, Pt. F, §3, is repealed.

Sec. G-5. 32 MRSA §290, as amended by PL 1999, c. 687, Pt. F, §4, is repealed and the following enacted in its place:

§ 290. Powers

The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensure.

Sec. G-6. 32 MRSA §291, as amended by PL 2003, c. 582, §3, is repealed.

Sec. G-7. 32 MRSA §291-A is enacted to read:

§ 291-A. Denial or refusal to renew license; disciplinary action

In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the following reasons:

1. Failure to account or remit. Failure, within a reasonable time, to account for or remit any money or property coming into the licensee's possession that belongs to others;

2. Record-keeping violations. Failure to comply with or properly maintain records required by Title 30-A, section 3971; or

3. Improper advertising. Advertising an auction without including the name and license number of the auctioneer.

Sec. G-8. 32 MRSA §292, as enacted by PL 1999, c. 146, §5, is amended to read:

§ 292. License qualifications

1. Application. Applicants An applicant shall submit a properly completed an application on forms furnished by the board, together with the prescribed fee as set under section 287-A.

2. Residence. The applicant shall provide evidence of the applicant's legal residence.

3. Reputation. The applicant must have a good reputation for honesty, fair dealing and competency. Recommendations The applicant shall furnish recommendations from at least 2 references who have acknowledged before a notary public that they have known the applicant for at least one year and by their signature attest that the applicant has such a reputation create a rebuttable presumption that the applicant meets that qualification.

4. Examination. Each applicant shall satisfactorily pass the examination, the content of which is determined by the board. Examination results remain valid for issuance of a license for 90 days from notification of a passing score after the exam is passed.

5. Surety bond. Each applicant for licensure shall file a surety bond in an amount set by the board by rule.

6. Criminal history information. Subject to Title 5, chapter 341, the applicant shall provide criminal history record information.

Sec. G-9. 32 MRSA §295, as enacted by PL 1999, c. 146, §5, is amended to read:

§ 295. Renewal

Licenses expire annually on March 31st or at a time the Commissioner of Professional and Financial Regulation designates. The board may issue a renewal license in the absence of any reason or condition that might warrant the refusal of granting a license upon receipt of the written request of the applicant and the renewal fee as set under section 287-A and upon the applicant presenting evidence of compliance with the requirements of section 292, subsections subsection 5 and 6. A license may be renewed up to 90 calendar days after the date of its expiration upon payment of a late fee in addition to the renewal fee. Any applicant who submits an application for renewal more than 90 calendar days after the expiration date is subject to all requirements governing new applicants under this chapter.

Public Laws

123rd Legislature

First Regular Session

Chapter 402

S.P. 659 - L.D. 1842