La. Admin. Code tit. 46 § III-1121

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

Section III-1121 - Causes for Nonissuance, Suspension, Revocation or Restriction; Fine, Reinstatement

A. The board may refuse to issue or may suspend, revoke or impose probationary or other restrictions of any license issued under this statute and rules for any of the following causes:

1. conviction of a felony or entry of a plea of guilty or nolo contendere to a felony charge under the laws of the United States of America or of any state;

2. deceit or perjury in obtaining any certificate or license issued under this statute and rules;

3. providing false testimony before the board;

4. efforts to deceive or defraud the public;

5. incompetency or gross negligence;

6. rendering, submitting, subscribing, or verifying false, deceptive, misleading or unfounded opinions or reports;

7. the refusal of the licensing authority of another state to issue or renew a license, permit or certificate in that state or the revocation or suspension of or other restriction imposed on a license, permit or certificate issued by such licensing authority;

8. aiding or abetting a person to evade the provisions of this statute and rules or knowingly combining or conspiring with an unlicensed person or acting as an agent, partner, associate or otherwise, of an unlicensed person with intent to evade the provisions of this statute and rules;

9. violation of any provision of this statute and rules or any rules or regulations of the board or rules of conduct promulgated by the board;

10. indebtedness to the state or to any municipal corporation for any tax as an auctioneer or for any license or commission that he has neglected to pay after final judgment has been rendered against him for it;

11. false, deceptive or misleading advertising;

12. failure to notify the board within 30 days, of any administrative action taken by another licensing authority, board or commission;

13. failure to comply with all local, city, parish/county, or state laws.

B. The board may, as a probationary condition or as a condition of the reinstatement of any license suspended or revoked hereunder, require the holder to pay all costs of the board proceedings, including investigators', stenographers' and attorneys' fees.

C. Four concurring votes of the board shall be required for revocation of any license. Four concurring votes shall be required for suspension of any license or the imposition of costs or fines in excess of $500.

D. Any certificate or license suspended, revoked or otherwise restricted by the board may be reinstated by majority vote of the board.

La. Admin. Code tit. 46, § III-1121

Promulgated by the Department of Commerce, Auctioneer Licensing Board, LR 11:338 (April 1985), amended by the Department of Economic Development, Auctioneers Licensing Board, LR 14:786 (November 1988), amended by the Office of the Governor, Auctioneers Licensing Board, LR 31:1326 (June 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3121.