49 Pa. Code § 43b.12a
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 724.20(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-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 |
49 Pa. Code § 43b.12a
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)).