La. Admin. Code tit. 46 § III-1109

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-1109 - Examination Procedure

A. The board shall determine the scope, form, and content of the examinations for licensure which shall be written and shall include questions on Louisiana auction law and sound business practices.

B. The board shall issue a numbered license to an applicant who meets the requirements of this statute and rules, passes satisfactorily 70 percent the examination administered by the board and pays the fee to be a licensed auctioneer.

C. The board shall give examinations for licensure as needed.

D. An applicant failing in an examination may be examined again upon filing a new application and the payment of the re-examination fee of $50 fixed by the statute.

E. The board within 10 days and in writing shall notify any applicant who is denied licensing of the reason therefor. Within 15 days after receipt of notice, such applicant may make written request to the board that his or her examination be regraded and reviewed by the board. Upon regrading and review of the examinee's examination, the examinee will be advised in writing of the decision of the board. If it is determined by the board that the examination remains in the failure status, the examinee may, at his or her discretion, request a formal hearing with regard to the failing status of his or her examination grade. A formal hearing shall then be conducted under the Administrative Procedure Act.

F. An individual who fails to pass two successive examinations is not eligible to take another examination until the expiration of one year from the date of his most recent failure, at which time he shall complete and file a new application, bond and fee with the board.

G. All auctioneer license examinations are confidential tests. They are designed and administered under conditions established to protect the security of the tests. Neither the current forms nor the previous forms of the tests are available for purchase or inspection.

H. Examinations for persons with disabilities will be provided without discrimination based upon current law and upon the individual's disability.

I. The board may establish such procedures for applicants to take the examination outside the parish of the domicile of the board office, through providers approved by the board, as long as the applicant pays all costs of the examination and the procedures.

La. Admin. Code tit. 46, § III-1109

Promulgated by the Department of Commerce, Auctioneer Licensing Board, LR 11:337 (April 1985), amended by the Department of Economic Development, Auctioneers Licensing Board, LR 14:784 (November 1988), amended by the Office of the Governor, Auctioneers Licensing Board, LR 31:1326 (June 2005), LR 37:2147 (July 2011), Amended LR 48492 (3/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3112 and R.S. 37:3113.