Title 43, Chapter 6, Section 18
( 43-6-18)
The commission may, upon its own motion, and shall, upon the signed
complaint in writing of any person, investigate the actions of any
auctioneer or apprentice auctioneer and shall have power to censure
such licensee or to revoke or suspend any license issued under this
chapter whenever such license has been obtained by false or
fraudulent representation or the licensee has been found guilty of
any unfair trade practices, including, but not limited to, the
following: (1) Making any substantial misrepresentation while describing any
property, real or personal; using any false, deceptive,
misleading, or untruthful advertising; or making any statements,
either in person or through any form of advertising, which may
create false or unjustified expectations of the services to be
performed; (2) Pursuing a continued and flagrant course of misrepresentation
or making false promises through agents or advertising an auction
to be an absolute auction, but conducting it as an auction with
reserve or otherwise; (3) Failing to account for or remit, within 30 days unless
otherwise provided by contract, any money belonging to others that
comes into his or her possession, commingling funds of others with
his or her own, or failing to keep such funds of others in an
escrow or trustee account; provided, however, that the requirement
of an escrow or trust account shall not apply to an apprentice
auctioneer who conducts the business of auctioning where gross
sales do not exceed $2,000.00 per auction; (4) Being convicted in a court of competent jurisdiction of this
or any other state of a criminal offense involving moral turpitude
or a felony; (5) Violation of any rule or regulation or code of ethics
promulgated by the commission; (6) Any conduct of any auctioneer which demonstrates bad faith,
dishonesty, incompetency, or untruthfulness; (7) Any conduct of an auctioneer which demonstrates improper,
fraudulent, or dishonest dealings; (8) Having had any license to practice a business or profession
revoked, suspended, annulled, or sanctioned, or otherwise having
had any disciplinary action taken by any other licensing authority
in this or any other state; or (9) Knowingly making any misleading, false, or deceptive statement
on any application for a license under this chapter. |