Section 734.5 - Applications for initial and renewal licenses and examination(a)Application for auctioneer license.--Applications for license as an auctioneer shall be made to the board in writing on forms provided by the board which shall contain such information as the board requires. If the applicant is an individual, the application shall be signed by that individual. If the applicant is a partnership or an association, the application shall be signed by a member. If the applicant is a corporation, the application shall be signed by an officer.(a.1)Apprenticeship.--An application by a licensed apprentice auctioneer seeking to qualify on the basis of an apprenticeship shall contain or be accompanied by satisfactory evidence that the applicant meets one of the following: (1) Was in the employ of one or more qualified sponsors for at least two years total and participated for compensation in not less than 30 auctions on the dates and at the locations provided by the applicant. (2) Was in the employ of one or more qualified sponsors for at least one year total and participated for compensation in not less than 15 auctions on the dates and at the locations provided by the applicant and successfully completed a course of study in auctioneering at a Group B auction school.(a.2)Group A auction school attendance.--An application by an applicant seeking to qualify on the basis of having completed a course of study in auctioneering at a Group A auction school shall contain or be accompanied by satisfactory evidence that the applicant has completed such course of study.(a.3) Affidavit.--Each application for licensure as an auctioneer shall include a self-affirming affidavit, in a form as prescribed by the board, attesting to the truth and accuracy of the statements contained in the application. If an applicant makes false or misleading statements in an application, the board may refuse to examine or license the applicant or may revoke any license issued to the applicant on the basis of materially untrue allegations contained in the application for a license. The board shall set forth in writing its findings and reasons for its refusal or revocation and furnish a copy to the applicant.(b)Application for apprentice auctioneer license.-- Applications for license as an apprentice auctioneer shall be made to the board in writing on forms provided by the board which shall contain such information as to the applicant as the board requires. For license renewals, the licensee shall set forth the period of time, if any, during which the apprentice auctioneer was engaged in the auction profession, stating the name of the apprentice auctioneer's current qualified sponsor and any former qualified sponsor for the period of five years immediately preceding the date of the renewal. If it becomes necessary to change qualified sponsors, the apprentice auctioneer must notify the board by letter upon the termination of the sponsorship and submit a transfer form, provided by the board, when a new qualified sponsor is obtained. An apprentice auctioneer license is invalid when there is no sponsoring auctioneer and credit does not accrue during that time. A license will be reactivated when the apprentice auctioneer submits a transfer form which informs the board that the apprentice auctioneer has secured a new qualified sponsor.(b.1)Application for auction company license.--Every legally recognized entity seeking an auction company license shall file with the board an application in writing on forms provided by the board which shall contain such information as to the applicant and as to the members or officers of the applicant, as the board shall require. Each application shall identify an auctioneer-of-record. On the filing of an application, the board may refuse to license the applicant to operate an auction company on the basis of materially untrue allegations in the application.(c)Auctioneer examinations.--The board shall contract with a professional testing organization for the preparation and administration of the auctioneer examination, in accordance with section 812.1(a) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. Except as otherwise provided under this act, no individual may be issued an auctioneer license unless the individual passes an examination approved by the board. The board shall hold examinations at locations, times and dates prescribed by regulation of the board.(d) Issuance of new license after revocation.--In the event the license of an auctioneer or an apprentice auctioneer is revoked by the board subsequent to the effective date of this act, no new license may be issued to that person until he complies with all the provisions of this act.(e)Expiration and renewal of license.--All licenses issued by the board shall be for a maximum term of two years and shall expire on the last day of February of each odd year. It is the duty of all persons licensed to practice as an auctioneer , apprentice auctioneer or auction company to renew the license biennially with the board and to pay the license fee for each biennial license renewal. Applications for renewals of licenses issued under this act shall be made within 60 days prior to the expiration of the license on forms and in the manner provided by the board.(f)Online trading assistant consignment sale transactions by licensees.--Auctioneers, apprentice auctioneers and auction companies licensed under this act may conduct online trading assistant consignment sale transactions. Initial and renewal applications for auctioneers, apprentice auctioneers and auction companies shall request that the applicant or licensee renewing a license indicate in the space provided on the form whether the applicant or licensee will also engage in online trading assistant consignment sale transactions.(g)Self-affirming affidavit.--An application for an initial or renewal license shall include a preprinted self-affirming affidavit, to be signed by the applicant under the penalty of perjury, attesting to the truth and accuracy of the allegations set forth in the application.Amended by P.L. TBD 2016 No. 88, § 4, eff. 9/18/2016.1983, Dec. 22, P.L. 327, No. 85, § 5, effective 1/1/1984. Amended 2008, Oct. 8, P.L. 1080, No. 89, §4, effective in 60 days [ 12/8/2008].