SENATOR Mumper

To amend sections 505.94, 2925.01, 4707.01, 4707.02,

1

4707.021, 4707.03, 4707.04, 4707.05, 4707.06,

2

4707.07, 4707.071, 4707.072, 4707.08, 4707.09,

3

4707.10, 4707.11, 4707.111, 4707.12, 4707.14,

4

4707.15, 4707.151, 4707.16, 4707.171, 4707.18 to

5

4707.22, 4707.26, and 4707.99 and to enact

6

sections 4707.022, 4707.023, 4707.024, 4707.073,

7

4707.074, 4707.091, and 4707.32 of the Revised

8

Code to revise the Auctioneers Law.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 505.94, 2925.01, 4707.01, 4707.02,	10
4707.021, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071,	11
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12,	12
4707.14, 4707.15, 4707.151, 4707.16, 4707.171, 4707.18, 4707.19,	13
4707.20, 4707.21, 4707.22, 4707.26, and 4707.99 be amended and	14
sections 4707.022, 4707.023, 4707.024, 4707.073, 4707.074,	15
4707.091, and 4707.32 be enacted to read as follows:	16

Sec. 505.94.  (A) A board of township trustees may, by	17
resolution, require the registration of all transient vendors	18
within the unincorporated territory of the township and may	19
regulate the time, place, and manner in which these vendors may	20
sell, offer for sale, or solicit orders for future delivery of	21
goods, or the board may, by resolution, prohibit these activities	22
within that territory. If the board requires the registration of	23
all transient vendors, it may establish a reasonable registration	24
fee, not to exceed seventy-five dollars for a registration period,	25
and this registration shall be valid for a period of at least	26
ninety days after the date of registration. Any board of township	27
trustees that provides for the registration and regulation, or	28
prohibition, of transient vendors under this section shall notify	29
the prosecuting attorney of the county in which the township is	30
located of its registration and regulatory requirements or	31
prohibition. No transient vendor shall fail to register or to	32
comply with regulations or prohibitions established by a board of	33
township trustees under this division.	34

This division does not authorize a board of township trustees	35
to apply a resolution it adopts under this division to any person	36
invited by an owner or tenant to visit the owner's or tenant's	37
premises to sell, offer for sale, or solicit orders for future	38
delivery of goods.	39

(B) As used in this section:

40

(1) "Goods" means goods, wares, services, merchandise,	41
periodicals, and other articles or publications.	42

(2) "Transient vendor" means any person who opens a temporary	43
place of business for the sale of goods or who, on the streets or	44
while traveling about the township, either sells or offers for	45
sale goods, or solicits orders for future delivery of goods where	46
payment is required prior to the delivery of the goods. "Transient	47
vendor" does not include any person who represents any entity	48
exempted from taxation under section 5709.04 of the Revised Code,	49
that notifies the board of township trustees that its	50
representatives are present in the township for the purpose of	51
either selling or offering for sale goods, or soliciting orders	52
for future delivery of goods, and does not include an auction or	53
an auctioneer companya person licensed under Chapter 4707. of the	54
Revised Code.	55

Sec. 2925.01.  As used in this chapter:

56

(A) "Administer," "controlled substance," "dispense,"	57
"distribute," "hypodermic," "manufacturer," "official written	58
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	59
"schedule II," "schedule III," "schedule IV," "schedule V," and	60
"wholesaler" have the same meanings as in section 3719.01 of the	61
Revised Code.	62

(B) "Drug dependent person" and "drug of abuse" have the same	63
meanings as in section 3719.011 of the Revised Code.	64

(C) "Drug," "dangerous drug," "licensed health professional	65
authorized to prescribe drugs," and "prescription" have the same	66
meanings as in section 4729.01 of the Revised Code.	67

(D) "Bulk amount" of a controlled substance means any of the	68
following:	69

(1) For any compound, mixture, preparation, or substance	70
included in schedule I, schedule II, or schedule III, with the	71
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	72
except as provided in division (D)(2) or (5) of this section,	73
whichever of the following is applicable:	74

(a) An amount equal to or exceeding ten grams or twenty-five	75
unit doses of a compound, mixture, preparation, or substance that	76
is or contains any amount of a schedule I opiate or opium	77
derivative;	78

(b) An amount equal to or exceeding ten grams of a compound,	79
mixture, preparation, or substance that is or contains any amount	80
of raw or gum opium;	81

(c) An amount equal to or exceeding thirty grams or ten unit	82
doses of a compound, mixture, preparation, or substance that is or	83
contains any amount of a schedule I hallucinogen other than	84
tetrahydrocannabinol or lysergic acid amide, or a schedule I	85
stimulant or depressant;	86

(d) An amount equal to or exceeding twenty grams or five	87
times the maximum daily dose in the usual dose range specified in	88
a standard pharmaceutical reference manual of a compound, mixture,	89
preparation, or substance that is or contains any amount of a	90
schedule II opiate or opium derivative;	91

(e) An amount equal to or exceeding five grams or ten unit	92
doses of a compound, mixture, preparation, or substance that is or	93
contains any amount of phencyclidine;	94

(f) An amount equal to or exceeding one hundred twenty grams	95
or thirty times the maximum daily dose in the usual dose range	96
specified in a standard pharmaceutical reference manual of a	97
compound, mixture, preparation, or substance that is or contains	98
any amount of a schedule II stimulant that is in a final dosage	99
form manufactured by a person authorized by the "Federal Food,	100
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	101
amended, and the federal drug abuse control laws, as defined in	102
section 3719.01 of the Revised Code, that is or contains any	103
amount of a schedule II depressant substance or a schedule II	104
hallucinogenic substance;	105

(g) An amount equal to or exceeding three grams of a	106
compound, mixture, preparation, or substance that is or contains	107
any amount of a schedule II stimulant, or any of its salts or	108
isomers, that is not in a final dosage form manufactured by a	109
person authorized by the Federal Food, Drug, and Cosmetic Act and	110
the federal drug abuse control laws.	111

(2) An amount equal to or exceeding one hundred twenty grams	112
or thirty times the maximum daily dose in the usual dose range	113
specified in a standard pharmaceutical reference manual of a	114
compound, mixture, preparation, or substance that is or contains	115
any amount of a schedule III or IV substance other than an	116
anabolic steroid or a schedule III opiate or opium derivative;	117

(3) An amount equal to or exceeding twenty grams or five	118
times the maximum daily dose in the usual dose range specified in	119
a standard pharmaceutical reference manual of a compound, mixture,	120
preparation, or substance that is or contains any amount of a	121
schedule III opiate or opium derivative;	122

(4) An amount equal to or exceeding two hundred fifty	123
milliliters or two hundred fifty grams of a compound, mixture,	124
preparation, or substance that is or contains any amount of a	125
schedule V substance;	126

(5) An amount equal to or exceeding two hundred solid dosage	127
units, sixteen grams, or sixteen milliliters of a compound,	128
mixture, preparation, or substance that is or contains any amount	129
of a schedule III anabolic steroid.	130

(E) "Unit dose" means an amount or unit of a compound,	131
mixture, or preparation containing a controlled substance that is	132
separately identifiable and in a form that indicates that it is	133
the amount or unit by which the controlled substance is separately	134
administered to or taken by an individual.	135

(F) "Cultivate" includes planting, watering, fertilizing, or	136
tilling.	137

(G) "Drug abuse offense" means any of the following:

138

(1) A violation of division (A) of section 2913.02 that	139
constitutes theft of drugs, or a violation of section 2925.02,	140
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	141
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	142
2925.37 of the Revised Code;	143

(2) A violation of an existing or former law of this or any	144
other state or of the United States that is substantially	145
equivalent to any section listed in division (G)(1) of this	146
section;	147

(3) An offense under an existing or former law of this or any	148
other state, or of the United States, of which planting,	149
cultivating, harvesting, processing, making, manufacturing,	150
producing, shipping, transporting, delivering, acquiring,	151
possessing, storing, distributing, dispensing, selling, inducing	152
another to use, administering to another, using, or otherwise	153
dealing with a controlled substance is an element;	154

(4) A conspiracy to commit, attempt to commit, or complicity	155
in committing or attempting to commit any offense under division	156
(G)(1), (2), or (3) of this section.	157

(H) "Felony drug abuse offense" means any drug abuse offense	158
that would constitute a felony under the laws of this state, any	159
other state, or the United States.	160

(I) "Harmful intoxicant" does not include beer or	161
intoxicating liquor but means any of the following:	162

(1) Any compound, mixture, preparation, or substance the gas,	163
fumes, or vapor of which when inhaled can induce intoxication,	164
excitement, giddiness, irrational behavior, depression,	165
stupefaction, paralysis, unconsciousness, asphyxiation, or other	166
harmful physiological effects, and includes, but is not limited	167
to, any of the following:	168

(a) Any volatile organic solvent, plastic cement, model	169
cement, fingernail polish remover, lacquer thinner, cleaning	170
fluid, gasoline, or other preparation containing a volatile	171
organic solvent;	172

(b) Any aerosol propellant;

173

(c) Any fluorocarbon refrigerant;

174

(d) Any anesthetic gas.

175

(2) Gamma Butyrolactone;

176

(3) 1,4 Butanediol.

177

(J) "Manufacture" means to plant, cultivate, harvest,	178
process, make, prepare, or otherwise engage in any part of the	179
production of a drug, by propagation, extraction, chemical	180
synthesis, or compounding, or any combination of the same, and	181
includes packaging, repackaging, labeling, and other activities	182
incident to production.	183

(K) "Possess" or "possession" means having control over a	184
thing or substance, but may not be inferred solely from mere	185
access to the thing or substance through ownership or occupation	186
of the premises upon which the thing or substance is found.	187

(L) "Sample drug" means a drug or pharmaceutical preparation	188
that would be hazardous to health or safety if used without the	189
supervision of a licensed health professional authorized to	190
prescribe drugs, or a drug of abuse, and that, at one time, had	191
been placed in a container plainly marked as a sample by a	192
manufacturer.	193

(M) "Standard pharmaceutical reference manual" means the	194
current edition, with cumulative changes if any, of any of the	195
following reference works:	196

(1) "The National Formulary";

197

(2) "The United States Pharmacopeia," prepared by authority	198
of the United States Pharmacopeial Convention, Inc.;	199

(3) Other standard references that are approved by the state	200
board of pharmacy.	201

(N) "Juvenile" means a person under eighteen years of age.

202

(O) "Counterfeit controlled substance" means any of the	203
following:	204

(1) Any drug that bears, or whose container or label bears, a	205
trademark, trade name, or other identifying mark used without	206
authorization of the owner of rights to that trademark, trade	207
name, or identifying mark;	208

(2) Any unmarked or unlabeled substance that is represented	209
to be a controlled substance manufactured, processed, packed, or	210
distributed by a person other than the person that manufactured,	211
processed, packed, or distributed it;	212

(3) Any substance that is represented to be a controlled	213
substance but is not a controlled substance or is a different	214
controlled substance;	215

(4) Any substance other than a controlled substance that a	216
reasonable person would believe to be a controlled substance	217
because of its similarity in shape, size, and color, or its	218
markings, labeling, packaging, distribution, or the price for	219
which it is sold or offered for sale.	220

(P) An offense is "committed in the vicinity of a school" if	221
the offender commits the offense on school premises, in a school	222
building, or within one thousand feet of the boundaries of any	223
school premises.	224

(Q) "School" means any school operated by a board of	225
education, any community school established under Chapter 3314. of	226
the Revised Code, or any nonpublic school for which the state	227
board of education prescribes minimum standards under section	228
3301.07 of the Revised Code, whether or not any instruction,	229
extracurricular activities, or training provided by the school is	230
being conducted at the time a criminal offense is committed.	231

(R) "School premises" means either of the following:

232

(1) The parcel of real property on which any school is	233
situated, whether or not any instruction, extracurricular	234
activities, or training provided by the school is being conducted	235
on the premises at the time a criminal offense is committed;	236

(2) Any other parcel of real property that is owned or leased	237
by a board of education of a school, the governing authority of a	238
community school established under Chapter 3314. of the Revised	239
Code, or the governing body of a nonpublic school for which the	240
state board of education prescribes minimum standards under	241
section 3301.07 of the Revised Code and on which some of the	242
instruction, extracurricular activities, or training of the school	243
is conducted, whether or not any instruction, extracurricular	244
activities, or training provided by the school is being conducted	245
on the parcel of real property at the time a criminal offense is	246
committed.	247

(S) "School building" means any building in which any of the	248
instruction, extracurricular activities, or training provided by a	249
school is conducted, whether or not any instruction,	250
extracurricular activities, or training provided by the school is	251
being conducted in the school building at the time a criminal	252
offense is committed.	253

(T) "Disciplinary counsel" means the disciplinary counsel	254
appointed by the board of commissioners on grievances and	255
discipline of the supreme court under the Rules for the Government	256
of the Bar of Ohio.	257

(U) "Certified grievance committee" means a duly constituted	258
and organized committee of the Ohio state bar association or of	259
one or more local bar associations of the state of Ohio that	260
complies with the criteria set forth in Rule V, section 6 of the	261
Rules for the Government of the Bar of Ohio.	262

(V) "Professional license" means any license, permit,	263
certificate, registration, qualification, admission, temporary	264
license, temporary permit, temporary certificate, or temporary	265
registration that is described in divisions (W)(1) to (36) of this	266
section and that qualifies a person as a professionally licensed	267
person.	268

(W) "Professionally licensed person" means any of the	269
following:	270

(1) A person who has obtained a license as a manufacturer of	271
controlled substances or a wholesaler of controlled substances	272
under Chapter 3719. of the Revised Code;	273

(2) A person who has received a certificate or temporary	274
certificate as a certified public accountant or who has registered	275
as a public accountant under Chapter 4701. of the Revised Code and	276
who holds an Ohio permit issued under that chapter;	277

(3) A person who holds a certificate of qualification to	278
practice architecture issued or renewed and registered under	279
Chapter 4703. of the Revised Code;	280

(4) A person who is registered as a landscape architect under	281
Chapter 4703. of the Revised Code or who holds a permit as a	282
landscape architect issued under that chapter;	283

(5) A person licensed as an auctioneer or apprentice	284
auctioneer or licensed to operate an auction company under Chapter	285
4707. of the Revised Code;	286

(6) A person who has been issued a certificate of	287
registration as a registered barber under Chapter 4709. of the	288
Revised Code;	289

(7) A person licensed and regulated to engage in the business	290
of a debt pooling company by a legislative authority, under	291
authority of Chapter 4710. of the Revised Code;	292

(8) A person who has been issued a cosmetologist's license,	293
hair designer's license, manicurist's license, esthetician's	294
license, natural hair stylist's license, managing cosmetologist's	295
license, managing hair designer's license, managing manicurist's	296
license, managing esthetician's license, managing natural hair	297
stylist's license, cosmetology instructor's license, hair design	298
instructor's license, manicurist instructor's license, esthetics	299
instructor's license, natural hair style instructor's license,	300
independent contractor's license, or tanning facility permit under	301
Chapter 4713. of the Revised Code;	302

(9) A person who has been issued a license to practice	303
dentistry, a general anesthesia permit, a conscious intravenous	304
sedation permit, a limited resident's license, a limited teaching	305
license, a dental hygienist's license, or a dental hygienist's	306
teacher's certificate under Chapter 4715. of the Revised Code;	307

(10) A person who has been issued an embalmer's license, a	308
funeral director's license, a funeral home license, or a crematory	309
license, or who has been registered for an embalmer's or funeral	310
director's apprenticeship under Chapter 4717. of the Revised Code;	311

(11) A person who has been licensed as a registered nurse or	312
practical nurse, or who has been issued a certificate for the	313
practice of nurse-midwifery under Chapter 4723. of the Revised	314
Code;	315

(12) A person who has been licensed to practice optometry or	316
to engage in optical dispensing under Chapter 4725. of the Revised	317
Code;	318

(13) A person licensed to act as a pawnbroker under Chapter	319
4727. of the Revised Code;	320

(14) A person licensed to act as a precious metals dealer	321
under Chapter 4728. of the Revised Code;	322

(15) A person licensed as a pharmacist, a pharmacy intern, a	323
wholesale distributor of dangerous drugs, or a terminal	324
distributor of dangerous drugs under Chapter 4729. of the Revised	325
Code;	326

(16) A person who is authorized to practice as a physician	327
assistant under Chapter 4730. of the Revised Code;	328

(17) A person who has been issued a certificate to practice	329
medicine and surgery, osteopathic medicine and surgery, a limited	330
branch of medicine, or podiatry under Chapter 4731. of the Revised	331
Code;	332

(18) A person licensed as a psychologist or school	333
psychologist under Chapter 4732. of the Revised Code;	334

(19) A person registered to practice the profession of	335
engineering or surveying under Chapter 4733. of the Revised Code;	336

(20) A person who has been issued a license to practice	337
chiropractic under Chapter 4734. of the Revised Code;	338

(21) A person licensed to act as a real estate broker or real	339
estate salesperson under Chapter 4735. of the Revised Code;	340

(22) A person registered as a registered sanitarian under	341
Chapter 4736. of the Revised Code;	342

(23) A person licensed to operate or maintain a junkyard	343
under Chapter 4737. of the Revised Code;	344

(24) A person who has been issued a motor vehicle salvage	345
dealer's license under Chapter 4738. of the Revised Code;	346

(25) A person who has been licensed to act as a steam	347
engineer under Chapter 4739. of the Revised Code;	348

(26) A person who has been issued a license or temporary	349
permit to practice veterinary medicine or any of its branches, or	350
who is registered as a graduate animal technician under Chapter	351
4741. of the Revised Code;	352

(27) A person who has been issued a hearing aid dealer's or	353
fitter's license or trainee permit under Chapter 4747. of the	354
Revised Code;	355

(28) A person who has been issued a class A, class B, or	356
class C license or who has been registered as an investigator or	357
security guard employee under Chapter 4749. of the Revised Code;	358

(29) A person licensed and registered to practice as a	359
nursing home administrator under Chapter 4751. of the Revised	360
Code;	361

(30) A person licensed to practice as a speech-language	362
pathologist or audiologist under Chapter 4753. of the Revised	363
Code;	364

(31) A person issued a license as an occupational therapist	365
or physical therapist under Chapter 4755. of the Revised Code;	366

(32) A person who is licensed as a professional clinical	367
counselor or professional counselor, licensed as a social worker	368
or independent social worker, or registered as a social work	369
assistant under Chapter 4757. of the Revised Code;	370

(33) A person issued a license to practice dietetics under	371
Chapter 4759. of the Revised Code;	372

(34) A person who has been issued a license or limited permit	373
to practice respiratory therapy under Chapter 4761. of the Revised	374
Code;	375

(35) A person who has been issued a real estate appraiser	376
certificate under Chapter 4763. of the Revised Code;	377

(36) A person who has been admitted to the bar by order of	378
the supreme court in compliance with its prescribed and published	379
rules.	380

(X) "Cocaine" means any of the following:

381

(1) A cocaine salt, isomer, or derivative, a salt of a	382
cocaine isomer or derivative, or the base form of cocaine;	383

(2) Coca leaves or a salt, compound, derivative, or	384
preparation of coca leaves, including ecgonine, a salt, isomer, or	385
derivative of ecgonine, or a salt of an isomer or derivative of	386
ecgonine;	387

(3) A salt, compound, derivative, or preparation of a	388
substance identified in division (X)(1) or (2) of this section	389
that is chemically equivalent to or identical with any of those	390
substances, except that the substances shall not include	391
decocainized coca leaves or extraction of coca leaves if the	392
extractions do not contain cocaine or ecgonine.	393

(Y) "L.S.D." means lysergic acid diethylamide.

394

(Z) "Hashish" means the resin or a preparation of the resin	395
contained in marihuana, whether in solid form or in a liquid	396
concentrate, liquid extract, or liquid distillate form.	397

(AA) "Marihuana" has the same meaning as in section 3719.01	398
of the Revised Code, except that it does not include hashish.	399

(BB) An offense is "committed in the vicinity of a juvenile"	400
if the offender commits the offense within one hundred feet of a	401
juvenile or within the view of a juvenile, regardless of whether	402
the offender knows the age of the juvenile, whether the offender	403
knows the offense is being committed within one hundred feet of or	404
within view of the juvenile, or whether the juvenile actually	405
views the commission of the offense.	406

(CC) "Presumption for a prison term" or "presumption that a	407
prison term shall be imposed" means a presumption, as described in	408
division (D) of section 2929.13 of the Revised Code, that a prison	409
term is a necessary sanction for a felony in order to comply with	410
the purposes and principles of sentencing under section 2929.11 of	411
the Revised Code.	412

(DD) "Major drug offender" has the same meaning as in section	413
2929.01 of the Revised Code.	414

(EE) "Minor drug possession offense" means either of the	415
following:	416

(1) A violation of section 2925.11 of the Revised Code as it	417
existed prior to July 1, 1996;	418

(2) A violation of section 2925.11 of the Revised Code as it	419
exists on and after July 1, 1996, that is a misdemeanor or a	420
felony of the fifth degree.	421

(FF) "Mandatory prison term" has the same meaning as in	422
section 2929.01 of the Revised Code.	423

(GG) "Crack cocaine" means a compound, mixture, preparation,	424
or substance that is or contains any amount of cocaine that is	425
analytically identified as the base form of cocaine or that is in	426
a form that resembles rocks or pebbles generally intended for	427
individual use.	428

(HH) "Adulterate" means to cause a drug to be adulterated as	429
described in section 3715.63 of the Revised Code.	430

(II) "Public premises" means any hotel, restaurant, tavern,	431
store, arena, hall, or other place of public accommodation,	432
business, amusement, or resort.	433

Sec. 4707.01.  As used in sections 4707.01 to 4707.22 and	434
4707.99 of the Revised Codethis chapter:	435

(A) "Auction" means a sale of real or personal property,	436
goods, or chattels by means of a verbal exchange, regular mail,	437
telecommunications, the internet, an electronic transmission, or a	438
physical gesture between an auctioneer or apprentice auctioneer	439
and members of the audience or prospective purchasers, the	440
exchanges and gestures consisting of a series of invitations for	441
offers made by the auctioneer and offers by members of the	442
audience or prospective purchasers, with the right to acceptance	443
of offers with the auctioneer or apprentice auctioneer. "Auction"	444
includes a sale of real or personal property, goods, or chattels	445
in which there is solicitation or invitation for an advance in	446
bidding using sealed bidding.	447

(B) "Auctioneer" means any person who engages, or who by	448
advertising or otherwise holds selfthe person out as being able	449
to engage, in the calling for, recognition of, and the acceptance	450
of, offers for the purchase of real or personal property, goods,	451
or chattels at auction either directly or through the use of other	452
licensed auctioneers or apprentice auctioneers.	453

(C) "Apprentice auctioneer" means any individual who is	454
sponsored by an auctioneer to deal or engage in any activities	455
mentioned in division (A) of this section.	456

(D) "Auction company" means any person, excluding licensed	457
auctioneers, who does business solely in the auctioneer's	458
individual name, who sells, either directly or through agents,	459
real or personal property, goods, or chattels at auction, or who	460
arranges, sponsors, manages, conducts, or advertises auctions and	461
who was licensed as an auction company by the department of	462
agriculture as of May 1, 1991. An auction company does not mean	463
either of the following:	464

(1) A sale barn or livestock auction market that is used	465
exclusively for the auctioneering of livestock and is licensed by	466
the department of agriculture under Chapter 943. of the Revised	467
Code;	468

(2) A business that is licensed by the bureau of motor	469
vehicles under Chapter 4517. of the Revised Code and is	470
exclusively engaged in the auction sale of motor vehicles to	471
dealers licensed by either the bureau of motor vehicles or a	472
bureau of motor vehicles of another jurisdiction or its	473
equivalent.	474

(E) "Special auctioneer" means any person who is licensed as	475
an auction company by the department of agriculture as of May 1,	476
1991, and currently is subject to section 4707.071 of the Revised	477
Code.	478

(E) "Absolute auction" means an auction of real or personal	479
property to which all of the following apply:	480

(1) The property is sold to the highest bidder without	481
reserve.	482

(2) The auction does not require a minimum bid.

483

(3) The auction does not require competing bids of any type	484
by the seller or an agent of the seller.	485

(4) The seller of the property cannot withdraw the property	486
from auction after the auction is opened and there is public	487
solicitation or calling for bids.	488

(F) "Reserve auction" means an auction in which the seller or	489
an agent of the seller reserves the right to establish a stated	490
minimum bid, the right to reject or accept any or all bids, or the	491
right to withdraw the real or personal property at any time prior	492
to the completion of the auction by the auctioneer.	493

(G) "Auction mediation company" means a company that provides	494
a forum through the internet for a person to sell the person's	495
real or personal property that was not originally acquired for the	496
purpose of resale via the submission of silent bids using a	497
computer or other electronic device.	498

(H) "Public authority" means any board or commission of the	499
state or any officer of such a board or commission, or any	500
political subdivision of the state.	501

(I) "Estate auction" means the auction of real or personal	502
property of a deceased person.	503

(J) "Sealed bidding" means a method of submitting a bid in	504
writing by one or more undisclosed persons and then the bids are	505
opened at a predetermined time and place, and, after a review of	506
all the bids received, the real or personal property is awarded to	507
the highest and most responsive bidder.	508

(K) "Absentee bidding" means a method by which a potential	509
purchaser authorizes a proxy to place on behalf of the potential	510
purchaser a written or oral bid to an auctioneer or auction firm	511
or an agent of an auctioneer or auction firm.	512

(L) "Person" means an individual, sole proprietor,	513
corporation, limited liability company, association, or	514
partnership.	515

(M) "Auction firm" means a person who provides auction	516
services.	517

(N) "Auction services" means arranging, managing, and	518
sponsoring an auction. "Auction services" includes the taking and	519
advertising of personal property on consignment to be sold at	520
auction by a licensed auctioneer.	521

(O) "Consignee" means a person or auction firm that takes	522
personal property on consignment to be sold at auction by a	523
licensed auctioneer.	524

(P) "Firm manager" means the individual designated by an	525
auction firm who is responsible for ensuring that the auction firm	526
complies with this chapter.	527

Sec. 4707.02.  No person shall act as an auction firm,	528
auctioneer, apprentice auctioneer, or special auctioneer within	529
this state without a license issued by the department of	530
agriculture. No auction shall be conducted in this state except by	531
an auctioneer licensed by the department.	532

The department shall not issue or renew a license if the	533
applicant or licensee has been convicted of a felony or crime	534
involving fraud or theft in this or another state at any time	535
during the ten years immediately preceding application or renewal.	536

This section does not apply to:

537

(A) Sales at auction conducted by or under the direction of	538
any public authority, or sales required by law to be at auction	539
other than sales pursuant to a judicial order or decree;	540

(B) The owner of any real or personal property desiring to	541
sell the property at auction, provided that the property was not	542
acquired for the purpose of resale;	543

(C) An auction mediation company;

544

(D) An auction that is conducted in a course of study for	545
auctioneers that is approved by the state auctioneers commission	546
created under section 4707.03 of the Revised Code for purposes of	547
student training and is supervised by a licensed auctioneer;	548

(E) An auction that is sponsored by a nonprofit or charitable	549
organization that is registered in this state under Chapter 1702.	550
or Chapter 1716. of the Revised Code, respectively, if the auction	551
only involves the property of the members of the organization and	552
the auction is part of a fair that is organized by an agricultural	553
society under Chapter 1711. of the Revised Code or by the Ohio	554
expositions commission under Chapter 991. of the Revised Code at	555
which a licensed auctioneer physically conducts the auction;	556

(F) A person licensed as a livestock dealer under Chapter	557
943. of the Revised Code who exclusively sells livestock and uses	558
a licensed auctioneer to conduct the auction.	559

Sec. 4707.021.  Only an auctioneer who is licensed under this	560
chapter and who is licensed as a real stateestate broker who is	561
licensedor a real estate salesperson under Chapter 4735. of the	562
Revised Code and who is licensed as an auctioneer under this	563
chapter mayshall contract for the sale of real property at	564
auction. A real estate broker who is licensed under Chapter 4735.	565
of the Revised Code but who is not licensed as an auctioneer under	566
this chapter may contract for the sale of real property only if	567
either of the following applies:	568

(A) The auctioneer who conducts the auction is a salesperson	569
licensed under Chapter 4735. of the Revised Code and is associated	570
with the real estate broker who contracts for the sale of real	571
property.	572

(B) The real estate broker enters into a cooperative	573
agreement with another real estate broker licensed under Chapter	574
4735. of the Revised Code with whom an auctioneer licensed under	575
this chapter is associated and the auctioneer conducts the auction	576
An apprentice auctioneer who is licensed as a real estate broker	577
or real estate salesperson under Chapter 4735. of the Revised Code	578
may act as a bid caller in the sale of real property at auction if	579
the sponsoring auctioneer is licensed as a real estate broker or	580
real estate salesperson under that chapter.	581

Nothing in this section shall be construed to permit a	582
business to contract for the sale of real property at auction	583
through an individual who is not licensed under this chapter and	584
Chapter 4735. of the Revised Code.	585

Sec. 4707.022. (A) An auction shall be a reserve auction	586
unless explicitly stated otherwise in the contract for the auction	587
and in the terms and conditions governing the auction. For	588
purposes of a reserve auction, there need not be an announcement	589
or indication that the reserve is attained.	590

(B) A person licensed under this chapter shall not use	591
absentee bidding unless the owner of the real or personal property	592
being sold provides prior written permission to use absentee	593
bidding.	594

(C) A person licensed under this chapter shall be an agent of	595
the owner or consignee of the real or personal property for	596
purposes of all aspects of the auction.	597

Sec. 4707.023. (A) No person licensed under this chapter	598
shall offer or advertise for sale or sell real or personal	599
property by absolute auction unless all of the following apply:	600

(1) One of the following applies:

601

(a) Except for current tax obligations, easements, or	602
restrictions of record of the seller, there are no liens or	603
encumbrances on the property in favor of any other person.	604

(b) Every holder of a lien or encumbrance, by execution of	605
the auction listing contract or other written agreement provided	606
to the auctioneer, agrees to the absolute auction without regard	607
to the amount of the highest bid or to the identity of the highest	608
bidder.	609

(c) A financially sound person, firm, trust, or estate, by	610
execution of the auction listing contract or other written	611
agreement provided to the auctioneer, guarantees the complete	612
discharge and satisfaction of all liens and encumbrances, as	613
applicable, immediately after the absolute auction or at the	614
closing without regard to the amount of the highest bid or to the	615
identity of the highest bidder.	616

(2) The seller of the real or personal property at the time	617
of advertising and at the time of the absolute auction has a bona	618
fide intention to transfer ownership of the property to the	619
highest bidder regardless of the amount of the last bid and	620
without reliance on any agreement that a particular bid or bid	621
level be obtained in order to transfer the property.	622

(3) The auction listing contract requires that the auction be	623
conducted as an absolute auction, specifies that the auction is	624
not a reserve auction, and prohibits the seller or anyone acting	625
on behalf of the seller to bid or participate in the bidding	626
process of the auction.	627

(B) Division (A) of this section does not prohibit any of the	628
following:	629

(1) The bidding of a secured party or lien holder, other than	630
the seller, at an absolute auction, provided that the bids are	631
bona fide offers, that the bidding does not constitute bid rigging	632
or a reserve for the seller, and that the bidding is not for the	633
purpose of aiding or assisting or on behalf of the seller or the	634
auctioneer;	635

(2) The bidding by an individual or a party to a dissolution	636
of marriage, partnership, or corporation on real or personal	637
property being sold at auction pursuant to the dissolution;	638

(3) The advertising of real or personal property to be sold	639
by absolute auction and by reserve auction within the same	640
advertisement or for auction on the same date and at the same	641
place, provided that the advertisement is not misleading and	642
clearly identifies the property that is to be sold by absolute	643
auction and the property that is to be sold by reserve auction.	644

(C) A person licensed under this chapter may make a bona fide	645
bid on the licensee's own behalf at an absolute auction and at a	646
reserve auction, provided that the licensee provides full	647
disclosure that the licensee may make a bona fide bid to the	648
seller and at the auction.	649

(D) A seller or a person on behalf of a seller may make a bid	650
if the auction is a reserve auction and the seller or person on	651
behalf of the seller provides full disclosure before bidding	652
begins that the seller retains the ability to bid. No person	653
licensed under this chapter knowingly shall receive such a bid in	654
the absence of full disclosure.	655

(E) Except in the case of a dissolution as provided in	656
division (B)(2) of this section, a person licensed under this	657
chapter shall not knowingly receive a bid by a seller or a person	658
on the seller's behalf at an absolute auction.	659

Sec. 4707.024. (A) Not later than seventy-two hours after the	660
end of an auction, a person licensed under this chapter shall	661
deposit in one or more trust or escrow accounts all money received	662
from the sale of an owner's or consignee's personal property at	663
auction unless the licensee pays the money to the owner or	664
consignee immediately after the end of the auction.	665

(B) For purposes of this section, a person licensed under	666
this chapter shall designate a trust or escrow account that	667
contains an owner's or consignee's money as "client trust account"	668
or with words of similar meaning. In addition, a trust or escrow	669
account only shall contain money received from the sale of	670
personal property at auction that has not been disbursed and money	671
for expenses regarding the auction, including commission and	672
advertisement fees, that are specifically delineated in the	673
auction listing contract.	674

(C) Except for the payment of money to the owner or consignee	675
immediately after the end of the auction, a person licensed under	676
this chapter shall pay the owner or consignee with money from the	677
client's trust or escrow account. In addition, the licensee may	678
pay expenses, including commission and advertisement fees, that	679
are specifically delineated in the auction listing contract with	680
money from the trust or escrow account. Money in the trust or	681
escrow account shall not be disbursed for any purpose that is	682
inconsistent with this section. In addition, the money shall not	683
be commingled with the licensee's personal or business money. In	684
administering the trust or escrow account, the licensee shall keep	685
detailed records that show deposits, withdrawals, and interest	686
accrued, if applicable.	687

Unless otherwise agreed to by the parties in the auction	688
listing contract or by the direction of a court of law, all money	689
deposited into a trust or escrow account shall be disbursed to the	690
seller not later than fifteen days after the initial deposit.	691

(D) Money from the sale of personal property at auction may	692
be deposited in an interest bearing account if the parties to the	693
auction listing contract specifically agree to such a deposit.	694
Interest earned in the account shall be credited to the seller	695
unless otherwise agreed to by the parties in the auction listing	696
contract. The interest credited to the account may remain in the	697
account for a period of sixty days after the seller receives the	698
money from the account. The interest money then shall be disbursed	699
according to the terms of the auction listing contract.	700

(E) The proceeds from the sale of real property at auction	701
shall be deposited in a special or trust bank account in a	702
depository located in this state that is described in division	703
(A)(26) of section 4735.18 of the Revised Code.	704

Sec. 4707.03.  A state auctioneers commission shall be	705
created within the department of agriculture as follows:	706

(A) The governor, with the advice and consent of the senate,	707
shall appoint a commission consisting of threefive members, each	708
of whom immediately prior to the date of appointment has been a	709
resident of this state for at least five years, and whose	710
vocation. Four members shall have been an auctioneer for a period	711
of at least five years has been that of an auctioneerprior to	712
appointment. One member shall be a member of the public who	713
represents the interests of consumers, is not licensed under this	714
chapter, does not have any management responsibility in the	715
auctioneering industry, does not formulate any policy of the	716
auctioneering industry, does not have a financial interest in the	717
auctioneering industry, and does not have any other connection	718
with the auctioneering profession. Terms	719

(B) Terms of office shall be for three years, commencing on	720
the tenth day of October and ending on the ninth day of October.	721
EachOf the two additional appointments made after the effective	722
date of this amendment, one shall be for a term ending on the	723
ninth day of October in the first year following the appointment,	724
and one shall be for a term ending on the ninth day of October in	725
the second year following the appointment. Thereafter, each term	726
of office shall be for three years, commencing on the tenth day of	727
October.	728

Each member shall hold office from the date of appointment	729
until the end of the term for which appointed. Any member	730
appointed to fill a vacancy occurring prior to the expiration of	731
the term for which the member's predecessor was appointed shall	732
hold office for the remainder of such term. Any member shall	733
continue in office subsequent to the expiration date of the	734
member's term until the member's successor takes office, or until	735
a period of sixty days has elapsed, whichever occurs first. A	736
member appointed for a term commencing on or after October 10,	737
2004, shall not serve more than three consecutive terms.	738

(B)(C) At no time shall there be more than twothree members	739
of the same political party serving on the commission.	740

Sec. 4707.04.  (A) The state auctioneers commission shall,	741
upon qualification of the member or members appointed in each	742
year, select from its members a chairperson, and shall serve in an	743
advisory capacity to the department of agriculture for the purpose	744
of carrying out sections 4707.01 to 4707.22 of the Revised Code	745
this chapter. The commission shall meet not less than four times	746
annually.	747

(B) The commission triennially shall review and approve	748
institutions that provide an approved course of study in	749
auctioneering.	750

(C) Members of the commission who are licensed auctioneers	751
under this chapter shall administer the oral licensing examination	752
required under section 4707.08 of the Revised Code.	753

(D) Each commissioner shall receive the commissioner's actual	754
and necessary expenses incurred in the discharge of suchthe	755
commissioner's duties. Each commissioner also shall receive a per	756
diem salary from the auctioneers fund created in section 4707.05	757
of the Revised Code for each meeting attended. The director of	758
agriculture shall adopt rules in accordance with Chapter 119. of	759
the Revised Code establishing the per diem salary.	760

(E) The commission may form subcommittees for purposes of	761
research, education, and promotion of the auctioneering	762
profession. If a majority of the members of the commission	763
approves, the members of a subcommittee may be reimbursed from the	764
auction education fund created in section 4707.171 of the Revised	765
Code for the actual and necessary expenses incurred in the	766
discharge of their duties.	767

(F) Serving as a member of the commission does not constitute	768
holding a public office or position of employment under the laws	769
of this state and does not constitute grounds for removal of	770
public officers or employees from their offices or positions of	771
employment.	772

Sec. 4707.05.  Except as otherwise provided in section	773
4707.171 or 4707.25 of the Revised Code, all fees and charges	774
collected by the department of agriculture pursuant to this	775
chapter shall be paid into the state treasury to the credit of the	776
auctioneers fund, which is hereby created. All expenses incurred	777
by the department in administering this chapter shall be paid out	778
of the fund. The total expenses incurred by the department in the	779
administration of this chapter shall not exceed the total fees,	780
charges, fines, and penalties imposed under sections 4707.08,	781
4707.10, and 4707.99 of the Revised Code and paid to the treasurer	782
of state. The department may conduct education programs for the	783
enlightenment and benefit of all auctioneers who have paid fees	784
pursuant to sections 4707.08 and 4707.10 of the Revised Code.	785

Out of the moneys credited pursuant to this section, the fund	786
shall be assessed a proportionate share of the administrative	787
costs of the department in accordance with procedures prescribed	788
by the director of agriculture and approved by the director of	789
budget and management. The assessment shall be paid from the	790
auctioneers fund to the division of administration fund.	791

At the end of each fiscal year, if the balance of the fund is	792
greater than three hundred thousand dollars, the director of	793
agriculture shall request the director of budget and management	794
to, and the director of budget and management shall, transfer	795
twenty-five per cent of the balance to the auction recovery fund	796
created in section 4707.25 of the Revised Code.	797

Sec. 4707.06.  The department of agriculture shall maintain a	798
record of the names and addresses of all auction firms,	799
auctioneers and, apprentice auctioneers, and special auctioneers	800
licensed by the department. This record shall also include a list	801
of all persons whose licenses have been suspended or revoked, as	802
well as any other information relative to the enforcement of	803
sections 4707.01 to 4707.22 of the Revised Code, asthis chapter	804
that the department may deemconsiders of interest to the public.	805

Sec. 4707.07.  (A) The department of agriculture may grant	806
auctioneers' licenses to those persons deemedindividuals who are	807
determined to be qualified by the department. Each person	808
individual who applies for an auctioneer's license shall furnish	809
to the department, on forms provided by the department,	810
satisfactory proof that the applicant:	811

(1) Has a good reputation;

812

(2) Is of trustworthy character;

813

(3) Has attained the age of at least eighteen years;

814

(4) Has at least a high school diploma or its equivalent, or	815
holds a valid license issued under this chapter prior to June 30,	816
2004, and seeks to timely renew the license, if applicable;	817

(5) Has done one of the following:

818

(a) Met the apprenticeship requirements set forth in section	819
4707.09 of the Revised Code;	820

(b) Met the requirements of section 4707.12 of the Revised	821
Code.	822

(5)(6) Has a general knowledge of the following:

823

(a) The requirements of the Revised Code relative to	824
auctioneers;	825

(b) The auction profession;

826

(c) The principles involved in conducting an auction;

827

(d) Any local and federal laws regarding the occupation of	828
auctioneering.	829

(6)(7) Has satisfied the financial responsibility	830
requirements established under section 4707.11 of the Revised Code	831
if applicable.	832

(B) Auctioneers who served apprenticeships and who hold	833
licenses issued before May 1, 1991, and who seek renewal of their	834
licenses, are not subject to the additional apprenticeship	835
requirements imposed by section 4707.084707.09 of the Revised	836
Code.	837

(C) The department may issue an auctioneer's license to a	838
partnership, association, or corporation if all the partners,	839
members, or officers thereof who are authorized to perform the	840
functions of an auctioneer as agents of the applicant are	841
themselves licensed as auctioneers under this chapter.	842

An application for an auctioneer's license filed by a	843
partnership or association shall contain a listing of the names of	844
all of the licensed partners, members, or other persons who are	845
authorized to perform the functions of an auctioneer as agents of	846
the applicant. An application filed by a corporation shall contain	847
the names of its president and of each of its licensed officers	848
and any other person who is authorized to perform the functions of	849
an auctioneer as an agent of the applicant.	850

(D) A licensee may do business under more than one registered	851
name if the names have been approved by the department. The	852
department may reject the application of any person seeking	853
licensure under this chapter if the name or names to be used by	854
the applicant are likely to mislead the public, or if the name or	855
names do not distinguish the applicant from the name or names of	856
any existing person licensed under this chapter. If an applicant	857
applies to the department to do business under more than two	858
names, the department may charge a fee of ten dollarsthat is	859
established in rules adopted by the director of agriculture under	860
section 4707.19 of the Revised Code for the third name and each	861
additional name.	862

(D) The department, in its discretion, may waive the	863
education and apprenticeship requirements for a resident of this	864
state, provided that the resident holds a valid auctioneer license	865
that was issued by a state with which the department has entered	866
into a reciprocal licensing agreement and the resident is in good	867
standing with that state. The applicant shall provide proof that	868
is satisfactory to the department that the applicant has had two	869
years of experience as an auctioneer immediately preceding the	870
date of application that includes at a minimum twelve auctions in	871
which the applicant was a bid caller in the reciprocal state.	872

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	873
auction companies under former section 4707.071 of the Revised	874
Code shall comply with all provisions of this chapter that are	875
applicable to auctioneers except as provided in divisions (B) and	876
(C) of this section. Such persons, however, do not have to serve	877
an apprenticeship or attend a course of study under section	878
4707.09 of the Revised Code or submit to an examination under	879
section 4707.08 of the Revised Code as long as they do not engage	880
in the calling for, recognition of, and the acceptance of, offers	881
for the purchase of personal property at auction and do not	882
conduct auctions at any location other than the definite place of	883
business required in section 4707.14 of the Revised Code.	884

(B) The principal owner of each auction company that is	885
licensed as of May 1, 1991, who pays the annual renewal fee	886
specified in division (B) of section 4707.10 of the Revised Code	887
during the first renewal period following May 1, 1991, shall be	888
issued a special auctioneer's license, for the saleauction of	889
personal property subject to division (A) of this section. Each	890
principal owner shall apply for an annual license. In applying for	891
an annual license, each person licensed as an auction company on	892
May 1, 1991, shall designate an individual as principal owner by	893
submitting documentation substantiating that the individual is in	894
fact the principal owner and shall identify a definite place of	895
business as required in section 4707.14 of the Revised Code. A	896
person licensed as an auctioneer shall not be entitled to a	897
special auctioneer's license.	898

(C) A special auctioneer's license issued under this section	899
to the principal owner of a former auction company does not	900
entitle the principal owner or former auction company to conduct	901
auctions at any location other than the definite place of business	902
required in section 4707.14 of the Revised Code. Notwithstanding	903
section 4707.10 of the Revised Code, the department of agriculture	904
shall not issue a new special auctioneer's license if the definite	905
place of business identified by the licensee in the licensee's	906
initial application for a special auctioneer license has changed	907
or if the name under which the licensee is doing business has	908
changed. No person other than an owner, officer, member, or agent	909
of the former auction company who personally has passed the	910
examination prescribed in section 4707.08 of the Revised Code and	911
been licensed as an auctioneer shall engage in the calling for,	912
recognition of, and the acceptance of, offers for the purchase of	913
real or personal property, goods, or chattels at auction in	914
connection with a former auction company that has been issued a	915
special auctioneer's license.	916

(D) A person licensed as a special auctioneer shall not	917
engage in the sale of real property at auction.	918

(E) As used in this section, "auction company" means "auction	919
company" as defined in section 4707.01 of the Revised Code prior	920
to its amendment by  .B.    of the 125th general assembly.	921

Sec. 4707.072.  (A) For purposes of this section, the	922
department of agriculture shall adopt rules in accordance with	923
section 4707.19 of the Revised Code prescribing the fee that a	924
license applicant must pay. Until those rules are adopted, a	925
license applicant shall pay the fee established in this section.	926

(B) The department may grant one-auction licenses to any	927
nonresident person deemedindividual who is determined to be	928
qualified by the department. Any personindividual who applies for	929
a one-auction license shall attest, on forms provided by the	930
department, and furnish to the department, satisfactory proof that	931
the license applicant or any auctioneer affiliated with the	932
applicant meets the following requirements:	933

(1) Has a good reputation;

934

(2) Is of trustworthy character;

935

(3) Has attained the age of at least eighteen years;

936

(4) Has at least a high school diploma or its equivalent;

937

(5) Has a general knowledge of the requirements of the	938
Revised Code relative to auctioneers, the auction profession, and	939
the principles involved in conducting an auction;	940

(5)(6) Has two years of professional auctioneering experience	941
immediately preceding the date of application and the experience	942
that includes the personal conduct by the applicant of at least	943
twelve auction sales in any state, or has met the requirements of	944
section 4707.12 of the Revised Code;	945

(6)(7) Has paid a fee of one hundred dollars;

946

(7)(8) Has provided proof of financial responsibility in the	947
form of either an irrevocable letter of credit or a cash bond or a	948
surety bond in the amount of fifty thousand dollars. If the	949
applicant gives a surety bond, the bond shall be executed by a	950
surety company authorized to do business in this state. A bond	951
shall be made to the department and shall be conditioned that the	952
applicant shall comply with this chapter and rules adopted under	953
it, including refraining from conduct described in section 4707.15	954
of the Revised Code. All bonds shall be on a form approved by the	955
director of agriculture.	956

Sec. 4707.073. (A) No corporation, general or limited	957
partnership, or unincorporated association shall act or hold	958
itself out as an auctioneer without a valid auctioneer's license	959
issued under this section. This section does not apply to a person	960
who is issued a license under section 4707.071 of the Revised	961
Code.	962

(B) The department of agriculture may grant an auctioneer's	963
license to a corporation, general or limited partnership, or	964
unincorporated association that is determined to be qualified by	965
the department. Every applicant for a license under this section	966
shall furnish to the department, on forms provided by the	967
department, satisfactory proof that the applicant:	968

(1) Is in good standing with the secretary of state if the	969
applicant is a corporation;	970

(2) Is of trustworthy character;

971

(3) Has provided proof of financial responsibility as	972
required in section 4707.11 of the Revised Code;	973

(4) Is registered with the secretary of state or a local	974
authority, as applicable, to do business in this state;	975

(5) Has complied with any other requirement that the director	976
establishes in rules adopted under section 4707.19 of the Revised	977
Code.	978

(C) An application submitted under this section shall list	979
the names of all of the owners, directors, partners, or members of	980
the applicant, as applicable, and shall indicate those that have	981
an auctioneer's license issued under section 4707.07 of the	982
Revised Code.	983

(D)(1) The department shall not issue a license under this	984
section unless one of the following applies, as applicable:	985

(a) If the applicant is a general or limited partnership, not	986
less than fifty per cent of the general partners have a current	987
license issued under section 4707.07 of the Revised Code.	988

(b) If the applicant is a corporation, not less than fifty	989
per cent of the directors and the president or chief executive	990
have a current license issued under section 4707.07 of the Revised	991
Code.	992

(c) If the applicant is an unincorporated association, not	993
less than fifty per cent of the members have a current license	994
issued under section 4707.07 of the Revised Code.	995

Failure of a corporation, partnership, or unincorporated	996
association to maintain the applicable requirements of this	997
division after the issuance of a license under this section may be	998
sufficient cause for the revocation of the license under section	999
4707.15 of the Revised Code.	1000

(2) Not later than two years after the effective date of this	1001
section, a corporation, partnership, or unincorporated association	1002
that was issued a license under section 4707.07 of the Revised	1003
Code on or before the effective date of this section shall comply	1004
with the requirements established in division (D)(1) of this	1005
section. If such a corporation, partnership, or unincorporated	1006
association fails to comply with those requirements, the license	1007
of the corporation, partnership, or unincorporated association	1008
immediately shall terminate.	1009

(E) Upon the issuance of a license under this section, a	1010
corporation, partnership, or unincorporated association shall	1011
designate an individual from among its directors, partners, or	1012
members who is licensed under section 4707.07 of the Revised Code	1013
as its agent for purposes of communication with the department. If	1014
that individual ceases to be the agent, the corporation,	1015
partnership, or unincorporated association shall notify the	1016
department not later than ten days after the day on which the	1017
individual ceases to be the agent. Upon notification to the	1018
department, the license of the corporation, partnership, or	1019
unincorporated association, as applicable, immediately shall	1020
terminate. If the corporation, partnership, or unincorporated	1021
association notifies the department of the designation of a new	1022
agent in accordance with the requirements of this division and	1023
pays the fee established by the director of agriculture in rules	1024
adopted under section 4707.19 of the Revised Code, the department	1025
shall issue the corporation, partnership, or unincorporated	1026
association a new license.	1027

(F) For purposes of this section, the director may adopt	1028
rules under section 4707.19 of the Revised Code establishing	1029
license fees and procedures and deadlines for the issuance of a	1030
license under this section. Until the director adopts those rules,	1031
a license issued under this section shall take effect on July 1 of	1032
one year and expire on June 30 of the following year, and the fee	1033
for an initial and renewal license shall be one hundred dollars.	1034
In addition, a license shall be renewed before July 1 of each	1035
year, except that a license may be renewed before September 1 of	1036
the year of expiration if the licensee pays the renewal fee and an	1037
additional fee of one hundred dollars.	1038

(G) This section does not preclude a corporation,	1039
partnership, or unincorporated association from selling real	1040
property at auction, provided that the requirements of this	1041
section and section 4707.021 and Chapter 4735. of the Revised Code	1042
are satisfied.	1043

Sec. 4707.074. (A) No person who is otherwise licensed under	1044
this chapter and who only provides auction services or holds the	1045
person's self out as providing auction services shall do so	1046
without a valid auction firm license issued under this section.	1047
This section does not apply to a person licensed as a livestock	1048
dealer under Chapter 943. of the Revised Code who exclusively	1049
sells livestock and uses a licensed auctioneer to conduct the	1050
auction.	1051

(B) The department of agriculture may grant an auction firm	1052
license to an auction firm that is determined to be qualified by	1053
the department. Every applicant for an auction firm license shall	1054
furnish to the department, on forms provided by the department,	1055
satisfactory proof that the applicant:	1056

(1) Is in good standing with the secretary of state if the	1057
applicant is a corporation;	1058

(2) Is of trustworthy character;

1059

(3) Is registered with the secretary of state or a local	1060
authority, as applicable, to do business in this state;	1061

(4) Has complied with any other requirement that the director	1062
establishes in rules adopted under section 4707.19 of the Revised	1063
Code;	1064

(5) Has a general knowledge of the requirements of the	1065
Revised Code and the general principles regarding auctions and	1066
auctioneering;	1067

(6) Has provided proof of financial responsibility in the	1068
amount of fifty thousand dollars in the form of a surety bond, an	1069
irrevocable letter of credit or cash.	1070

(C) An application submitted under this section for an	1071
auction firm license shall list the names of all of the owners,	1072
directors, partners, or members of the applicant, as applicable.	1073

(D) An auction firm shall designate a firm manager. The firm	1074
manager shall have sufficient authority in the operation of the	1075
auction firm to ensure compliance with this chapter and rules	1076
adopted under it. If the firm manager does not have a current	1077
license issued under section 4707.07 of the Revised Code, the firm	1078
manager shall pass the written examination held under section	1079
4707.08 of the Revised Code before the department may issue a	1080
license under this section to the auction firm.	1081

(E)(1) An auction firm license issued under this section	1082
immediately shall terminate if any of the following occurs:	1083

(a) The auction firm incorporates.

1084

(b) The auction firm ceases to operate as a corporation.

1085

(c) The auction firm changes ownership.

1086

(d) If the auction firm is a partnership, the firm changes	1087
the number of partners in the partnership or changes the partners	1088
comprising the partnership.	1089

(e) The auction firm changes the firm manager.

1090

(f) The auction firm changes the name under which the firm	1091
conducts business.	1092

(g) The auction firm changes its permanent business location.

1093

If a license terminates under this division, the licensee	1094
immediately shall cease auction services, notify the department of	1095
the termination, and return the terminated license to the	1096
department.	1097

(2) Not later than ten days prior to the date on which an	1098
auction firm license will terminate pursuant to division	1099
(E)(1)(a), (b), (c), or (d) of this section, the auction firm may	1100
submit an application for a new auction firm license in accordance	1101
with division (B) of this section. If the auction firm submits the	1102
application, returns the terminated license, and pays the fee	1103
established in rules adopted by the director of agriculture under	1104
section 4707.19 of the Revised Code, the department may issue a	1105
new license under this section.	1106

(3) If a license terminates pursuant to division (E)(1)(e),	1107
(f), or (g) of this section and the formerly licensed auction firm	1108
notifies the department, returns the terminated license, and pays	1109
the fee established in rules adopted by the director under section	1110
4707.19 of the Revised Code, the department shall issue a new	1111
license under this division.	1112

(F) For purposes of this section, the director may adopt	1113
rules under section 4707.19 of the Revised Code establishing	1114
license fees and procedures and deadlines for the issuance of a	1115
license under this section. Until the director adopts those rules,	1116
a license issued under this section shall take effect on July 1 of	1117
one year and expire on June 30 of the following year, and the fee	1118
for an initial and renewal license shall be one hundred dollars.	1119
In addition, a license shall be renewed before July 1 of each	1120
year, except that a license may be renewed before September 1 of	1121
the year of expiration if the licensee pays the renewal fee and an	1122
additional fee of one hundred dollars.	1123

(G) For purposes of the financial responsibility that is	1124
required under division (B) of this section, if a person provides	1125
a surety bond, the bond shall be executed by a surety company that	1126
is authorized to do business in this state. The bond shall be made	1127
payable to the department and shall include a condition that	1128
requires the applicant to comply with this chapter and rules	1129
adopted under it, including a requirement that the person refrain	1130
from conduct described in section 4707.15 of the Revised Code. A	1131
bond shall be on a form that is approved by the director. A person	1132
who is issued a license under this section shall maintain the	1133
financial responsibility that is required under division (B) of	1134
this section for as long as the person is licensed.	1135

(H) An auction firm licensed under this section shall not	1136
conduct the bid calling for the sale of real or personal property	1137
at auction.	1138

Sec. 4707.08.  (A) The department of agriculture shall hold	1139
written examinations four times each year for the purpose of	1140
testing the qualifications required for obtaining a license under	1141
section 4707.07 of the Revised Code and twelve times each year for	1142
obtaining a license under section 4707.09 of the Revised Code and	1143
for unlicensed auction firm managers as required under division	1144
(D) of section 4707.074 of the Revised Code. The written	1145
examination shall be held at the department or at an alternative	1146
location determined by the department. In addition to the written	1147
examination, auctioneer license applicants shall pass an oral	1148
examination administered by the state auctioneers commission on	1149
the same date and at the same location as the written examination.	1150
An examination shall not be required for the renewal of any	1151
license unless suchthe license has been revoked, suspended, or	1152
allowed to expire without renewal, in which case the applicant	1153
shall take and pass the appropriate examinations offered by the	1154
department.	1155

An examination fee of twenty-five dollars shall be collected	1156
from each person taking the auctioneer examination and fifteen	1157
dollars from each person taking, the apprentice auctioneer	1158
examination, and the auction firm manager examination to defray	1159
expenses of holding suchthe examinations. Unless otherwise	1160
established in rules adopted by the director of agriculture under	1161
section 4707.19 of the Revised Code, the fee for the apprentice	1162
auctioneer examination and the firm manager examination shall be	1163
fifteen dollars, and the fee for the auctioneer examination shall	1164
be twenty-five dollars.	1165

(B) All applications and proofs mustshall be filed by each	1166
applicant before the scheduled date of examination, and mustshall	1167
be accompanied by a bondproof of financial responsibility and a	1168
license fee. In order to be seated for an examination held under	1169
this section, an applicant shall have a complete application on	1170
file with the department not later than fourteen days prior to the	1171
examination date.	1172

(C) If a court of competent jurisdiction or the department,	1173
at an administrative hearing, has found that an applicant	1174
conducted an auction, provided auction services, or acted as an	1175
auctioneer without a license issued under this chapter, the	1176
department may refuse to allow the applicant to take an	1177
examination under this section or may deny the issuance of a	1178
license to the applicant for a period of two years.	1179

(D)(1) If an applicant for a license fails to pass the	1180
examination, the applicant may take the examination on the next	1181
scheduled date for the examination. If an applicant fails to pass	1182
the examination on the second consecutive attempt, the applicant	1183
shall not take the examination on the next scheduled date for the	1184
examination.	1185

(2) If an applicant for a license fails to pass the	1186
examination on the third attempt, the applicant shall attend	1187
auction school a second time before the applicant may take the	1188
examination. If an applicant for a license fails to pass the	1189
examination on the fourth attempt, the applicant shall not take	1190
the examination for at least one year from the date of the last	1191
failed attempt.	1192

(3) If an individual who is taking the examination for an	1193
auction firm manager fails to pass the examination on the third	1194
attempt, the individual shall not take the examination for one	1195
year from the date of the last failed attempt.	1196

Sec. 4707.09.  The department of agriculture may grant	1197
apprentice auctioneers' licenses to those persons deemedthat are	1198
determined to be qualified by the department. Every applicant for	1199
an apprentice auctioneer's license shall pass an examination	1200
relating to the skills, knowledge, and statutes and rules	1201
governing auctioneers. Every applicant for an apprentice	1202
auctioneer's license shall furnish to the department, on forms	1203
provided by the department, satisfactory proof that the applicant:	1204

(A) Has a good reputation;

1205

(B) Is of trustworthy character;

1206

(C) Has attained the age of at least eighteen years;

1207

(D) Has at least a high school diploma or its equivalent, or	1208
holds a valid license issued under this chapter prior to June 30,	1209
2004, and seeks to timely renew the license, if applicable;	1210

(E) Has obtained a written promise of a licensed auctioneer	1211
to sponsor the applicant during the applicant's apprenticeship;	1212

(E)(F) Has satisfied the financial responsibility	1213
requirements established under section 4707.11 of the Revised Code	1214
if applicable;	1215

(G) Has successfully completed a course of study in	1216
auctioneering at an institution that is approved by the state	1217
auctioneers commission.	1218

Before an apprentice may take the auctioneer's license	1219
examination, the apprentice shall serve an apprenticeship of at	1220
least twelve months, successfully complete a course of study in	1221
auctioneering at an institution that is approved every three years	1222
by the state auctioneers commission, and conduct,participate as a	1223
bid caller,in at least twelve auction sales under the direct	1224
supervision of the sponsoring licensed auctioneer, which sales	1225
auctions shall be certified by the licensed auctioneer on the	1226
apprentice's application for an auctioneer's license.	1227

If an auctioneer intends to terminate sponsorship of an	1228
apprentice auctioneer, the sponsoring auctioneer shall notify the	1229
apprentice auctioneer of the sponsoring auctioneer's intention by	1230
certified mail, return receipt requested, at least ten days prior	1231
to the effective date of termination and, at the same time, shall	1232
deliver or mail by certified mail to the department of agriculture	1233
a copy of the termination notice and the license of the apprentice	1234
auctioneer. No apprentice auctioneer shall perform any acts under	1235
authority of the apprentice's license after the effective date of	1236
the termination until the apprentice receives a new license	1237
bearing the name and address of the apprentice's new sponsor. No	1238
more than one license shall be issued to any apprentice auctioneer	1239
for the same period of time.	1240

No licensed auctioneer shall have under the licensed	1241
auctioneer's sponsorship more than two apprentice auctioneers at	1242
one time. No auctioneer shall sponsor an apprentice auctioneer if	1243
the auctioneer has not been licensed and in good standing for a	1244
period of at least two years immediately before sponsoring the	1245
apprentice auctioneer. A sponsoring auctioneer whose license is	1246
suspended or revoked shall send to the department the apprentice	1247
auctioneer's license not later than fourteen days after the	1248
suspension or revocation. If a sponsoring auctioneer's license is	1249
suspended or revoked, the apprentice auctioneer shall obtain a	1250
written promise of sponsorship from another licensed auctioneer	1251
before performing any acts under the authority of an apprentice	1252
auctioneer's license. The apprentice auctioneer shall send a copy	1253
of the written promise of sponsorship of another auctioneer to the	1254
department. If the department receives a copy of such a written	1255
promise of sponsorship and the apprentice pays the fee established	1256
by the department, the department shall issue a new license to the	1257
apprentice.	1258

An apprentice auctioneer may terminate the apprentice's	1259
sponsorship with an auctioneer by notifying the auctioneer of the	1260
apprentice's intention by certified mail, return receipt	1261
requested, at least ten days prior to the effective date of	1262
termination. At the same time, the apprentice shall deliver or	1263
mail by certified mail to the department of agriculture a copy of	1264
the termination notice. Upon receiving the termination notice, the	1265
sponsoring auctioneer shall promptly deliver or mail by certified	1266
mail to the department the license of the apprentice auctioneer.	1267

The termination of a sponsorship, regardless of who initiates	1268
the termination, shall not be cause for an apprentice auctioneer	1269
to lose credit for any certified sales the apprentice conducted	1270
auctions in which the apprentice participated as a bid caller or	1271
apprenticeship time the apprentice served under the direct	1272
supervision of the former sponsor.	1273

Sec. 4707.091. (A) Prior to the expiration of an auctioneer's	1274
or apprentice auctioneer's license, an auctioneer or apprentice	1275
auctioneer may submit an application to the department of	1276
agriculture, on forms provided by the department, to place the	1277
license on deposit with the department for a period not to exceed	1278
two years. Not later than fourteen days after receipt of an	1279
application under this section, the department shall accept or	1280