§ 43b.12a. Schedule of civil penalties—auctioneers, apprentice auctioneers and auction companies.

STATE BOARD OF AUCTIONEER EXAMINERS

Violation Under 63 P.S.	Violations Under Title 49 Chapter 1	Description of Violation	Penalties
Sections 734.3(a), 734.5(e) and 734.20(a)(9)	N/A	Auctioneer or apprentice auctioneer operating on a lapsed license in this Commonwealth.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.3(a) and 734.20(a)(9)	N/A	Engaging in unlicensed auctioneering activities in this Commonwealth.	1st offense—  $1,000 2nd offense—  formal action
Sections 734.3(a) and 734.20(a)(9)	N/A	Operating as an unlicensed auction company in this Commonwealth.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.3(a)(1), 734.5(e) and 734.20(a)(9)	N/A	Operating an auction company on a lapsed license in this Commonwealth.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Section 734.20(a)(12)	N/A	Failure of an auctioneer to establish or maintain an escrow account.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.21 and 734.20(a)(9)	N/A	Failure of an auctioneer to immediately deposit gross auction sale proceeds into an escrow account.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.15.1 and 734.20(a)(9)	N/A	Failure of an auctioneer to enter into a written contract with the owner or consignor of the property to be sold at auction prior to the auction sale.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.15.1 and 734.20(a)(9)	N/A	Failure of an auctioneer to keep contracts on file in the office of the auctioneer.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.16(b) and 734.20(a)(9)	N/A	Failure or refusal of an auctioneer to permit inspection of auction sale records at all reasonable times by BEI inspectors or investigators.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Sections 734.18(a) and 734.20(a)(9)	N/A	Failure of an auctioneer to display auctioneer license in the auctioneer’s office.	1st offense—$250 2nd offense—$500 3rd offense—  formal action
Sections 734.18(b) and 734.20(a)(9)	N/A	Failure of an apprentice auctioneer to display the apprentice auctioneer license in the apprentice auctioneer’s office.	1st offense—$250 2nd offense—$500 3rd offense—  formal action
Section 734.20(a)(10)	§  131(c) and (d)	Failure of a sponsor to either directly supervise the apprentice while the apprentice is conducting an auction or to provide for appropriate substitute supervision of the apprentice by a qualified auctioneer.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action
Section 734.20(a)(10)	§  1.31(c) and (e)	Apprentice auctioneer conducting an auction sale without direct supervision by either the sponsor or an authorized substitute sponsor.	1st offense—$500 2nd offense—  $1,000 3rd offense—  formal action

Authority

   The provisions of this §  43b.12a amended under section 5(a) of the act of July 2, 1993 (P.L. 345, No. 48) (63 P.S. §  2205(a)).

Source

   The provisions of this §  43b.12a adopted March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (325203) to (325204) and (363523) to (363524).

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