Indiana Administrative Code Title 812 - INDIANA AUCTIONEER COMMISSION

Indiana Administrative Code – Title 812

Indiana Auctioneer Commission

Overview

Title 812 establishes the Indiana Auctioneer Commission (IAC), the regulatory body responsible for overseeing the licensing, professional standards, and conduct of auctioneers and auction businesses in Indiana.

Its main purpose is to ensure that auctioneers operate ethically, competently, and in compliance with state rules, protecting both buyers and sellers in the auction process.

Key Components of Title 812

1. Establishment of the Commission

The Indiana Auctioneer Commission is formally established.

Membership typically includes:

Licensed auctioneers,

Public representatives,

Experts in business or legal affairs related to auctions.

The Commission has authority to:

Adopt administrative rules,

Grant or deny licenses,

Investigate complaints,

Conduct disciplinary hearings.

2. Licensing Requirements

Anyone wishing to practice as an auctioneer in Indiana must be licensed.

Requirements include:

Minimum age (usually 18 years).

High school diploma or equivalent.

Completion of an auctioneering education program approved by the Commission.

Passing a Board-administered examination.

Submission of application and fees.

Auction businesses may also require a separate business license.

3. Examinations

The Commission administers exams for new applicants.

Exams cover:

Auctioneering law and regulations,

Ethics and professional conduct,

Auction methods,

Recordkeeping and financial management.

Practical demonstration of auctioneering skills may also be required.

4. Standards of Professional Conduct

Licensed auctioneers must follow rules, including:

Acting honestly and fairly with clients and bidders.

Avoiding misrepresentation or fraud in auction listings or transactions.

Maintaining accurate financial records, including deposits and payments.

Returning funds promptly as required.

Avoiding conflicts of interest or self-dealing.

5. Recordkeeping & Financial Reporting

Auctioneers must maintain records of:

Transactions and sales,

Client agreements,

Payment and disbursement of proceeds.

Records must be kept for a specified period and made available for inspection.

6. License Renewal & Continuing Education

Licenses are valid for a set period (commonly 2 years).

Renewal requires:

Payment of renewal fees,

Completion of continuing education approved by the Commission.

CE ensures auctioneers remain updated on laws, ethics, and best practices.

7. Disciplinary Actions

The Commission may discipline licensed auctioneers for:

Fraud, misrepresentation, or deceit.

Gross negligence or incompetence.

Ethical violations (conflicts of interest, dishonesty).

Violation of administrative rules.

Penalties may include:

Fines,

Probation,

Suspension or revocation of license.

8. Complaints, Hearings & Enforcement

Consumers or clients may file complaints against auctioneers.

The Commission investigates and conducts administrative hearings.

Enforcement ensures compliance with licensing and ethical standards.

Purpose of Title 812

The main objectives of this Title are to:

Protect the public from fraud, misrepresentation, or unethical practices in auctions.

Ensure auctioneers are qualified, competent, and licensed.

Maintain high professional and ethical standards in the auction industry.

Provide a regulatory body to oversee licensing, conduct, and enforcement.

In summary:
Indiana Administrative Code Title 812 – Indiana Auctioneer Commission establishes the regulatory framework for licensing, professional conduct, recordkeeping, continuing education, and disciplinary enforcement for auctioneers in Indiana. It ensures that auction services are provided fairly, honestly, and competently, protecting buyers, sellers, and the integrity of the auction industry.

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