TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 311-B
AUCTIONEERS

Section 311-B:1

    311-B:1 Definitions. –
In this chapter:
I. "Auction" means the sale of real or personal property, or both, in which the sale price of the property offered is increased by competitive bids until the highest accepted bidder becomes the purchaser.
II. "Auctioneer" means a person who engages in, or who by advertising or otherwise holds himself or herself out as being available to engage in, the solicitation or the acceptance of competitive bids for the purchase of real or personal property, or both, at auction, or otherwise engages in auctioneering.
III. "Auctioneering" means the business or act of selling for another real, personal, or mixed property by auction for compensation by fee, commission, or other exchange of value.
IV. "Authorized business organization" means any entity organized for gain or profit and carrying on any business activity within the state of New Hampshire which is:
(a) A corporation or business association having at least one officer holding a valid license issued by the board;
(b) A partnership in which at least one partner holds a valid license issued by the board;
(c) A limited liability company in which the managing member holds a valid license issued by the board;
(d) A sole proprietorship or sole-shareholder corporation in which the sole proprietor or sole shareholder holds a valid license issued by the board; or
(e) A trust in which at least one trustee holds a valid license issued by the board.
V. "Board" means the state board of auctioneers established under RSA 311-B:2.

Source. 1969, 469:1. 2010, 291:1, eff. Jan. 1, 2011.

Section 311-B:2

    311-B:2 State Board of Auctioneers. –
I. There is hereby established a state board of auctioneers consisting of 5 members, including 4 auctioneers and one public member, appointed by the governor with the advice of the council for terms of 5 years. Terms shall expire March 1. All board members shall be residents of this state and no board member shall serve more than 2 consecutive terms.
II. The public member of the board shall be a person who is not, and never was, a member of the auctioneering profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of such professional services or an activity directly related thereto, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
III. [Repealed.]
IV. [Repealed.]

Source. 1969, 469:1. 1981, 491:3, eff. July 1, 1981. 2023, 79:271, eff. Sept. 1, 2023.

Section 311-B:3

    311-B:3 Rulemaking Authority. –
I. The board, with the approval of the executive director of the office of professional licensure and certification, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The qualifications of applicants for initial, renewal, and reinstatement licensure in addition to those requirements set by statute, and the means to be used by applicants to demonstrate good professional character;
(b) Ethical and professional standards required to be met by each holder of a license under this chapter;
(c) How disciplinary actions by the board shall be implemented for violations of these standards and for misconduct by licensees; and
(d) Establishing eligibility for certificates of authorization issued under RSA 311-B:4, III.
II. The board may adopt rules, pursuant to RSA 541-A, relative to:
(a) Required maintenance of competence including requirements for continuing education;
(b) Board approval of auctioneering educational programs; and
(c) Standards governing auctioneering apprenticeships.

Source. 1969, 469:1. 1981, 491:4. 1987, 274:1. 2010, 291:2, eff. Jan. 1, 2011. 2023, 79:273, eff. Sept. 1, 2023.

Section 311-B:4

    311-B:4 Acts Prohibited; Use of Name by Business Organization. –
I. It shall be unlawful for any person physically located in the state of New Hampshire to:
(a) Knowingly engage in, or offer to engage in, auctioneering for a fee, commission, or other consideration unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
(b) Knowingly make any verbal, written, electronic, or other representation that such person is an auctioneer or is able to perform auctioneering, unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
(c) Recklessly make any verbal, written, electronic, or other representation which would lead a reasonable person to believe that the natural person making the representation is currently licensed as an auctioneer under this chapter or such other person is an authorized business organization.
II. Notwithstanding subparagraph I(a), an apprentice auctioneer employed by a licensed auctioneer may engage in auctioneering under the direct supervision of the licensed auctioneer.
III. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words "auction," "auctioneer," or "auctioneering" or any modification or derivative thereof in its corporate or business name or which includes the practice of auctioneering among the objectives for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization, a copy of which shall have been presented to the secretary of state. The board shall issue such a certificate only to an authorized business organization. The secretary of state shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except for trade names and service marks of business entities which have presented to the secretary of state proof that they qualify as authorized business organizations under this chapter.

Source. 1969, 469:1. 1981, 491:5. 2010, 291:3, eff. Jan. 1, 2011.

Section 311-B:4-a

    311-B:4-a Repealed by 2023, 79:275, I, eff. Sept. 1, 2023. –

Section 311-B:5

    311-B:5 Qualifications; Application. –
The executive director shall grant licensure to any applicant who:
I. Shall have attained the age of 18 years by the date the board receives the application;
II. Submits professional references or recommendations that comply with other standards specified by rule, certifying that the applicant is trustworthy and competent to auction real, personal, and mixed property in such a manner as to safeguard the interests of the public. Each such recommendation shall set forth the writer's name, address, and occupation, the extent of the writer's acquaintanceship with the applicant, the writer's familiarity with the applicant's past business experience and dealings, and any additional knowledge of the applicant's background upon which the writer bases the recommendation;
III. Pays the initial licensure fee;
IV. [Repealed.]
V. Has good professional character;
VI. Meets the eligibility standards established by the board through rulemaking;
VII. Pays the examination fee if the examination is one developed or administered by the board; and
VIII. Passes an examination administered by another entity and approved by the board through rulemaking.

Source. 1969, 469:1. 1981, 491:6. 1987, 274:2. 2010, 291:5, eff. Jan. 1, 2011. 2022, 126:1, I, eff. July 26, 2022. 2023, 79:274, eff. Sept. 1, 2023.

Section 311-B:6

    311-B:6 Repealed by 2023, 79:275, II, eff. Sept. 1, 2023. –

Section 311-B:7

    311-B:7 Repealed by 2010, 291:14, eff. Jan. 1, 2011. –

Section 311-B:8

    311-B:8 Repealed by 2022, 126:1, II, eff. July 26, 2022. –

Section 311-B:9

    311-B:9 Local Regulation. – This chapter shall not be deemed to nullify or prevent a municipal corporation from collecting an additional fee from auctioneers licensed under this chapter.

Source. 1969, 469:1, eff. Sept. 1, 1969.

Section 311-B:10

    311-B:10 Repealed by 2023, 79:275, III, eff. Sept. 1, 2023. –

Section 311-B:11

    311-B:11 Repealed by 2023, 79:275, IV, eff. Sept. 1, 2023. –

Section 311-B:11-a

    311-B:11-a Repealed by 2023, 79:275, V, eff. Sept. 1, 2023. –

Section 311-B:12

    311-B:12 Penalties. – Any person violating the provisions of RSA 311-B:4, I and not exempt under RSA 311-B:13 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1969, 469:1. 1973, 528:196. 2010, 291:11, eff. Jan. 1, 2011.

Section 311-B:13

    311-B:13 Exceptions. –
I. This chapter shall not apply to any auctions held by order or judgment of any court of the state or the United States or by any officer of a municipality, county, state of United States, foreclosure sales by mortgagees, lienholders, or holders of any other kinds of security interests in real, personal, or mixed property or to sales conducted or made by sheriffs, deputy sheriffs, constables, collectors of taxes, executors, administrators, guardians, conservators, receivers, assignees under voluntary assignments for the benefit of creditors or insurers, or by any other person required by law to sell real, personal, or mixed property, or as permitted under any other state or federal law.
II. Any resident member of a charitable, educational, religious or other nonprofit organization within the state may conduct a charity auction without a license for that organization, so long as the individual is not a member of the organization solely for the purpose of conducting the charity auction, and so long as the individual receives no compensation or other consideration for conducting the auction.
III. [Repealed.]
IV. Any individual may, without being licensed, sell his or her own personal property through competitive bidding, using any electronic or non-electronic means.
V. Any individual may, without being licensed, sell the personal property of another individual utilizing a service that assists such individual in accessing an online Internet marketplace, who does not take physical or legal possession of goods being sold, and who does not collect or transmit payment for transactions except by a secure money transmitter or other online payment transaction method. Such an individual may accept an associated fee, provided that such individual does not:
(a) Represent by any verbal statement, sign, letterhead, card, or any other way that he or she is an auctioneer or able to perform auctioneering services; or
(b) Use or otherwise assume in conjunction with the personal name, or advertise any title or description tending to convey the impression that such person is an auctioneer licensed under this chapter.
VI. Any auction conducted over the Internet shall be exempt from the requirements of this chapter.

Source. 1969, 469:1. 1987, 274:8. 2010, 291:12, eff. Jan. 1, 2011. 2018, 116:1, eff. July 28, 2018.

Section 311-B:14

    311-B:14 Disposition of Revenue. – All moneys collected under this chapter shall be paid into the office of professional licensure and certification fund.

Source. 1969, 469:1, eff. Sept. 1, 1969. 2023, 79:276, eff. Sept. 1, 2023.