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Auctioneer Company RegistrationThe Bureau of Commercial Services, Licensing Division within the Department of Licensing and Regulatory Affairs registers auctioneers. The registration of Auctioneers is regulated under Article 29 of the Occupational Code, 1980 PA 299, as amended. The registration became effective on October 1, 2007. Article 29 requires a person or company to become registered with the Department when the title "Registered Auctioneer" is used. An auctioneer is defined as a person who is, for compensation, engaged in the business of, the conduct of, or offers to engage in the conduct of an auction. Auction is defined as the sale, or offer for sale, by bidding, of real or personal property at a public or private location. Article 29 provides for the creation of the Michigan Board of Auctioneers; gives stipulations as to the use of the title "Registered Auctioneer"; identifies qualifications to become registered including the development of an examination; requires the establishment of trust accounts; requires a place of business in Michigan; establishes record keeping standards; identifies prohibited acts and sanctions for violators, and provides for registration by reciprocity. Please review the Occupational Code, Articles 1 - 6 and 29 for complete statutory requirements for Auctioneers. The board currently oversees the practice of approximately 40 registered auctioneers. New! Applications for these tasks are submitted and paid for online through the Michigan Business One Stop portal.
Auctioneer Company Registration Form (BCS/AUC-004) B. STATUTORY AUTHORITY: PA 299 of 1980 (Occupational Code) C. APPLICABLE REGULATION: N/A D. SUMMARY OF REGISTRATION/APPROVAL PROCESS: 1. Applicability (activities that require the registration)
On October 1, 2007, anyone using the title "Registered Auctioneer" will be required to be registered with the Department of Licensing and Regulatory Affairs, Bureau of Commercial Services. A A real estate license is not required to conduct an auction of real property, as long as the auctioneer only "calls the sale" and a real estate broker or attorney performs the closing. A vehicle broker license is required from the Department of State, Dealer Division if a motor vehicle is to be sold at an auction. You may contact the Department of State, Dealer Division at (517) 373-9460; www.michigan.gov/sos After receiving your completed forms and fees, approved applicants will be notified by the Department that they have qualified to register for the exam. Register by visiting the PSI Services, LLC (PSI) website at PSI Services, LLC and follow the instructions. The Michigan Auctioneer Registration Examinations are administered via computer at PSI Assessment Centers by appointment only. Other Possible License(s): The city/township clerk of the community in which an auction will be held should be contacted to determine if a license/permit is required. Further Information: National Auctioneers Association, 2. Pre-Registration Requirements
N/A 3. Registration Submission Requirements
Applicants must submit a signed application form and the information that is specified in Article 29 of P.A. 299 of 1980, as amended (Occupational Code) laws and/or rules and directions for completing an application. 4. Procedures and Time-Frame for Obtaining Registration or Approval
N/A 5. Operational Requirements
N/A 6. Fees
Auctioneer registrants will receive a two year registration with all registrations expiring on September 30th of the odd-numbered years. $200 x 2 (two "per year" registration fees) plus a +$50 one-time, non-refundable application processing fee of $50 (Total of $450) Applications received after September 30, 2008 or whose registration will be issued for less than a one-year duration will pay $250.
7. Appeal Process
For the occupations regulated under the Occupational Code, this generally describes the procedure that is followed when an applicant for a license has received a formal denial of the application. The Code calls what they file a Petition for Review and requires that the Department receive it within 30 days. The appeal/petition is placed on the board agenda for the next regularly scheduled board meeting. The Petitioner files a written request to appeal that is accompanied by any documents, which would substantiate their reason why the denial should be overturned and a license granted. The two main categories of denial are: lack of good moral character and failure to meet the license requirements (lack of education, experience, failed exam, etc.) The Board and Department hear the appeal/Petition during the meeting. The Board vote must be agreed upon by the Department; in case of the Board voting to overturn the denial and the Department disagreeing (wanting the denial to stand), the Department has the final decision. If the Petitioner is in attendance, the Petitioner knows the outcome then but either way a letter outlining the results is mailed to the Petitioner. Should the Petitioner wish to appeal an upheld denial determination made at the Board meeting, the next step would be filing in Circuit Court. If the occupation is not under the Occupational Code, the Bureau Director would hear the appeal and any upheld denial by the Bureau Director could also be appealed to Circuit Court. 8. Public Input Opportunities
The public has an opportunity to provide input in various ways. Typical opportunities for input are when administrative rules are being considered at a Public Hearing. The public has an opportunity to address specific draft rules or the rule set overall either in writing or by testimony at the hearing. At open Board Meetings, the public is given an opportunity to address the board on either specific items or in general. At any time a member of the public wishes to address a Bureau practice, policy or procedure, a letter to the Bureau Director may be sent. The Bureau also receives many inquiries or comments by way of letters to the Governor regarding Bureau operations or specific licensure applications. E. Contact Information: Creation/Revision Date: September 22, 2010 | |||||||||||||||||
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