Mississippi Auctioneers License Act
Mississippi · Professions and Vocations · §§ 73-4-1 to 73-4-9 · 27 sections
Overview
The act establishes a state-level licensing and regulatory system for auctioneers, auction firms, and auction services, requiring a license to conduct auctions or hold oneself out as an auctioneer, subject to defined exemptions. It creates an auctioneer commission with appointed members, officers, and an executive director, empowered to set license classifications and qualifications, administer examinations, collect fees, and maintain a dedicated licensure fund. It further requires licensees to post surety bonds, keep records, use written contracts for the sale of goods, follow advertising and trust-accounting standards for money owed to owners or consignors, and it provides for complaints, disciplinary proceedings, penalties for unlicensed practice, injunctive relief, and judicial review.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 2 court decisions.
Most-cited authority: 233 SO3D 223 - Andy Barlow, D.C. v. Mississippi State Board of Chiropractic Examiners
Sections covered
- Miss. Code Ann. § 73-4-1Short title
- Miss. Code Ann. § 73-4-11Officers of commission; executive director
- Miss. Code Ann. § 73-4-13Powers and duties of commission
- Miss. Code Ann. § 73-4-15Mississippi Auctioneer Licensure Fund
- Miss. Code Ann. § 73-4-17Classification of licenses; qualifications of applicants for licenses; examinations; examination fee; surety bond generally; additional requirements for auction firm license; issuance, term, and renewal of licenses; license fees; record keeping requirements
- Miss. Code Ann. § 73-4-19Procedure for submission and processing of complaints against licensees; remedies for violations by licensees; judicial review of disciplinary actions1 cite
- Miss. Code Ann. § 73-4-21Exemption from examination requirement for residents
- Miss. Code Ann. § 73-4-23Exemption from examination requirements for nonresidents
- Miss. Code Ann. § 73-4-25Grounds for disciplinary proceedings against licensees; penalties
- Miss. Code Ann. § 73-4-27Qualifications for auction firm license; termination or suspension of license; additional requirements
- Miss. Code Ann. § 73-4-29Filing of bonds by applicants for licenses; requirements for auctions of factory-built homes1 cite
- Miss. Code Ann. § 73-4-3Definitions
- Miss. Code Ann. § 73-4-31Form, terms and conditions, and duration of bonds provided under chapter; liability on bonds; cancellation of bonds
- Miss. Code Ann. § 73-4-33Procedure for recovery on bonds; exclusivity of remedy
- Miss. Code Ann. § 73-4-35Standards governing performance of duties of auctioneers; accounting and payment of monies to owners or consignors of goods involved in auction
- Miss. Code Ann. § 73-4-37Recordkeeping requirements
- Miss. Code Ann. § 73-4-39Requirement of written contract for sale of goods; time period for retention of contract
- Miss. Code Ann. § 73-4-41Advertisement of auctions
- Miss. Code Ann. § 73-4-43Requirement of license; penalties for unlicensed conduct
- Miss. Code Ann. § 73-4-45Penalties for violations of chapter
- Miss. Code Ann. § 73-4-47Proceedings for injunctions
- Miss. Code Ann. § 73-4-49Charging of violations of chapter
- Miss. Code Ann. § 73-4-5License required to conduct auction, provide auction services, hold self out as or advertise services as auctioneer; exceptions
- Miss. Code Ann. § 73-4-51Appropriations
- Miss. Code Ann. § 73-4-53Repealed
- Miss. Code Ann. § 73-4-7Mississippi Auctioneer Commission; creation; powers and duties generally; qualifications, terms, and compensation of members
- Miss. Code Ann. § 73-4-9Meetings of commission generally; quorum; requirement of majority vote
Enacted in other states
All Mississippi named statutes →
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