La. Admin. Code tit. 46 § III-1115

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

Section III-1115 - Reciprocity and Licensure without Examination

A. A person holding a license to engage in auctions issued to him by a proper authority of a state, territory or possession of the United States of America or the District of Columbia having licensing requirements comparable to Louisiana and who in the opinion of the board otherwise meets the requirements of the statute and rules may upon application be licensed without further examination. The nonresident auctioneer must comply with all other provisions of the statute and rules.

B. A nonresident who does not hold a license in a reciprocal state must pass the examination and must comply with all other requirements of the statute and rules to be licensed in this state.

C. Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other state and temporarily present in this state shall conduct an auction in this state unless he acts in association with an auctioneer duly licensed in this state if the state in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in this state before an auctioneer duly licensed in Louisiana may conduct an auction in that state.

D. Every nonresident applicant for a license under the statute and rules shall file with the board as part of the application for a license a written irrevocable consent that any cause of action growing out of any transaction subject to the statute and rules may be commenced against the licensee in the proper court of any parish of this state in which the cause of action may arise or in which the plaintiff may reside by a service of process upon the board as the licensee's agent and stipulating and agreeing that such service has been made upon the person according to the laws of this or any other state. Such instrument shall be in such form and supported by such additional information as the board may by rule require.

E. All individuals making application for an auctioneer license per reciprocal agreement shall submit with their application a letter of certification from the state board or commission of their state of domicile, certifying that they are duly licensed in said state, stating their residency, date of issuance, expiration date and license number.

La. Admin. Code tit. 46, § III-1115

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 14:785 (November 1988).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3117.