As Reported by the House Agriculture and Natural Resources Committee

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 209

Senators Mumper, Austria, Harris, White 

Representatives Aslanides, Gibbs, Book, Carmichael, Domenick, C. Evans, Niehaus, Schlichter, Setzer, Walcher, Widener 

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A BILL

To amend sections 505.94, 2925.01, 4517.02, 4707.01,

1

4707.02, 4707.021, 4707.03, 4707.04, 4707.05,

2

4707.06, 4707.07, 4707.071, 4707.072, 4707.08,

3

4707.09, 4707.10, 4707.11, 4707.111, 4707.12,

4

4707.14, 4707.15, 4707.151, 4707.16, 4707.171,

5

4707.18 to 4707.22, 4707.26, and 4707.99 and to

6

enact sections 4707.022, 4707.023, 4707.024,

7

4707.073, 4707.074, 4707.091, and 4707.32 of the

8

Revised 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, 4517.02, 4707.01,	10
4707.02, 4707.021, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07,	11
4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111,	12
4707.12, 4707.14, 4707.15, 4707.151, 4707.16, 4707.171, 4707.18,	13
4707.19, 4707.20, 4707.21, 4707.22, 4707.26, and 4707.99 be	14
amended and sections 4707.022, 4707.023, 4707.024, 4707.073,	15
4707.074, 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, regardless of whether the offender knows the	224
offense is being committed on school premises, in a school	225
building, or within one thousand feet of the boundaries of any	226
school premises.	227

(Q) "School" means any school operated by a board of	228
education, any community school established under Chapter 3314. of	229
the Revised Code, or any nonpublic school for which the state	230
board of education prescribes minimum standards under section	231
3301.07 of the Revised Code, whether or not any instruction,	232
extracurricular activities, or training provided by the school is	233
being conducted at the time a criminal offense is committed.	234

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

235

(1) The parcel of real property on which any school is	236
situated, whether or not any instruction, extracurricular	237
activities, or training provided by the school is being conducted	238
on the premises at the time a criminal offense is committed;	239

(2) Any other parcel of real property that is owned or leased	240
by a board of education of a school, the governing authority of a	241
community school established under Chapter 3314. of the Revised	242
Code, or the governing body of a nonpublic school for which the	243
state board of education prescribes minimum standards under	244
section 3301.07 of the Revised Code and on which some of the	245
instruction, extracurricular activities, or training of the school	246
is conducted, whether or not any instruction, extracurricular	247
activities, or training provided by the school is being conducted	248
on the parcel of real property at the time a criminal offense is	249
committed.	250

(S) "School building" means any building in which any of the	251
instruction, extracurricular activities, or training provided by a	252
school is conducted, whether or not any instruction,	253
extracurricular activities, or training provided by the school is	254
being conducted in the school building at the time a criminal	255
offense is committed.	256

(T) "Disciplinary counsel" means the disciplinary counsel	257
appointed by the board of commissioners on grievances and	258
discipline of the supreme court under the Rules for the Government	259
of the Bar of Ohio.	260

(U) "Certified grievance committee" means a duly constituted	261
and organized committee of the Ohio state bar association or of	262
one or more local bar associations of the state of Ohio that	263
complies with the criteria set forth in Rule V, section 6 of the	264
Rules for the Government of the Bar of Ohio.	265

(V) "Professional license" means any license, permit,	266
certificate, registration, qualification, admission, temporary	267
license, temporary permit, temporary certificate, or temporary	268
registration that is described in divisions (W)(1) to (36) of this	269
section and that qualifies a person as a professionally licensed	270
person.	271

(W) "Professionally licensed person" means any of the	272
following:	273

(1) A person who has obtained a license as a manufacturer of	274
controlled substances or a wholesaler of controlled substances	275
under Chapter 3719. of the Revised Code;	276

(2) A person who has received a certificate or temporary	277
certificate as a certified public accountant or who has registered	278
as a public accountant under Chapter 4701. of the Revised Code and	279
who holds an Ohio permit issued under that chapter;	280

(3) A person who holds a certificate of qualification to	281
practice architecture issued or renewed and registered under	282
Chapter 4703. of the Revised Code;	283

(4) A person who is registered as a landscape architect under	284
Chapter 4703. of the Revised Code or who holds a permit as a	285
landscape architect issued under that chapter;	286

(5) A person licensed as an auctioneer or apprentice	287
auctioneer or licensed to operate an auction company under Chapter	288
4707. of the Revised Code;	289

(6) A person who has been issued a certificate of	290
registration as a registered barber under Chapter 4709. of the	291
Revised Code;	292

(7) A person licensed and regulated to engage in the business	293
of a debt pooling company by a legislative authority, under	294
authority of Chapter 4710. of the Revised Code;	295

(8) A person who has been issued a cosmetologist's license,	296
hair designer's license, manicurist's license, esthetician's	297
license, natural hair stylist's license, managing cosmetologist's	298
license, managing hair designer's license, managing manicurist's	299
license, managing esthetician's license, managing natural hair	300
stylist's license, cosmetology instructor's license, hair design	301
instructor's license, manicurist instructor's license, esthetics	302
instructor's license, natural hair style instructor's license,	303
independent contractor's license, or tanning facility permit under	304
Chapter 4713. of the Revised Code;	305

(9) A person who has been issued a license to practice	306
dentistry, a general anesthesia permit, a conscious intravenous	307
sedation permit, a limited resident's license, a limited teaching	308
license, a dental hygienist's license, or a dental hygienist's	309
teacher's certificate under Chapter 4715. of the Revised Code;	310

(10) A person who has been issued an embalmer's license, a	311
funeral director's license, a funeral home license, or a crematory	312
license, or who has been registered for an embalmer's or funeral	313
director's apprenticeship under Chapter 4717. of the Revised Code;	314

(11) A person who has been licensed as a registered nurse or	315
practical nurse, or who has been issued a certificate for the	316
practice of nurse-midwifery under Chapter 4723. of the Revised	317
Code;	318

(12) A person who has been licensed to practice optometry or	319
to engage in optical dispensing under Chapter 4725. of the Revised	320
Code;	321

(13) A person licensed to act as a pawnbroker under Chapter	322
4727. of the Revised Code;	323

(14) A person licensed to act as a precious metals dealer	324
under Chapter 4728. of the Revised Code;	325

(15) A person licensed as a pharmacist, a pharmacy intern, a	326
wholesale distributor of dangerous drugs, or a terminal	327
distributor of dangerous drugs under Chapter 4729. of the Revised	328
Code;	329

(16) A person who is authorized to practice as a physician	330
assistant under Chapter 4730. of the Revised Code;	331

(17) A person who has been issued a certificate to practice	332
medicine and surgery, osteopathic medicine and surgery, a limited	333
branch of medicine, or podiatry under Chapter 4731. of the Revised	334
Code;	335

(18) A person licensed as a psychologist or school	336
psychologist under Chapter 4732. of the Revised Code;	337

(19) A person registered to practice the profession of	338
engineering or surveying under Chapter 4733. of the Revised Code;	339

(20) A person who has been issued a license to practice	340
chiropractic under Chapter 4734. of the Revised Code;	341

(21) A person licensed to act as a real estate broker or real	342
estate salesperson under Chapter 4735. of the Revised Code;	343

(22) A person registered as a registered sanitarian under	344
Chapter 4736. of the Revised Code;	345

(23) A person licensed to operate or maintain a junkyard	346
under Chapter 4737. of the Revised Code;	347

(24) A person who has been issued a motor vehicle salvage	348
dealer's license under Chapter 4738. of the Revised Code;	349

(25) A person who has been licensed to act as a steam	350
engineer under Chapter 4739. of the Revised Code;	351

(26) A person who has been issued a license or temporary	352
permit to practice veterinary medicine or any of its branches, or	353
who is registered as a graduate animal technician under Chapter	354
4741. of the Revised Code;	355

(27) A person who has been issued a hearing aid dealer's or	356
fitter's license or trainee permit under Chapter 4747. of the	357
Revised Code;	358

(28) A person who has been issued a class A, class B, or	359
class C license or who has been registered as an investigator or	360
security guard employee under Chapter 4749. of the Revised Code;	361

(29) A person licensed and registered to practice as a	362
nursing home administrator under Chapter 4751. of the Revised	363
Code;	364

(30) A person licensed to practice as a speech-language	365
pathologist or audiologist under Chapter 4753. of the Revised	366
Code;	367

(31) A person issued a license as an occupational therapist	368
or physical therapist under Chapter 4755. of the Revised Code;	369

(32) A person who is licensed as a professional clinical	370
counselor or professional counselor, licensed as a social worker	371
or independent social worker, or registered as a social work	372
assistant under Chapter 4757. of the Revised Code;	373

(33) A person issued a license to practice dietetics under	374
Chapter 4759. of the Revised Code;	375

(34) A person who has been issued a license or limited permit	376
to practice respiratory therapy under Chapter 4761. of the Revised	377
Code;	378

(35) A person who has been issued a real estate appraiser	379
certificate under Chapter 4763. of the Revised Code;	380

(36) A person who has been admitted to the bar by order of	381
the supreme court in compliance with its prescribed and published	382
rules.	383

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

384

(1) A cocaine salt, isomer, or derivative, a salt of a	385
cocaine isomer or derivative, or the base form of cocaine;	386

(2) Coca leaves or a salt, compound, derivative, or	387
preparation of coca leaves, including ecgonine, a salt, isomer, or	388
derivative of ecgonine, or a salt of an isomer or derivative of	389
ecgonine;	390

(3) A salt, compound, derivative, or preparation of a	391
substance identified in division (X)(1) or (2) of this section	392
that is chemically equivalent to or identical with any of those	393
substances, except that the substances shall not include	394
decocainized coca leaves or extraction of coca leaves if the	395
extractions do not contain cocaine or ecgonine.	396

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

397

(Z) "Hashish" means the resin or a preparation of the resin	398
contained in marihuana, whether in solid form or in a liquid	399
concentrate, liquid extract, or liquid distillate form.	400

(AA) "Marihuana" has the same meaning as in section 3719.01	401
of the Revised Code, except that it does not include hashish.	402

(BB) An offense is "committed in the vicinity of a juvenile"	403
if the offender commits the offense within one hundred feet of a	404
juvenile or within the view of a juvenile, regardless of whether	405
the offender knows the age of the juvenile, whether the offender	406
knows the offense is being committed within one hundred feet of or	407
within view of the juvenile, or whether the juvenile actually	408
views the commission of the offense.	409

(CC) "Presumption for a prison term" or "presumption that a	410
prison term shall be imposed" means a presumption, as described in	411
division (D) of section 2929.13 of the Revised Code, that a prison	412
term is a necessary sanction for a felony in order to comply with	413
the purposes and principles of sentencing under section 2929.11 of	414
the Revised Code.	415

(DD) "Major drug offender" has the same meaning as in section	416
2929.01 of the Revised Code.	417

(EE) "Minor drug possession offense" means either of the	418
following:	419

(1) A violation of section 2925.11 of the Revised Code as it	420
existed prior to July 1, 1996;	421

(2) A violation of section 2925.11 of the Revised Code as it	422
exists on and after July 1, 1996, that is a misdemeanor or a	423
felony of the fifth degree.	424

(FF) "Mandatory prison term" has the same meaning as in	425
section 2929.01 of the Revised Code.	426

(GG) "Crack cocaine" means a compound, mixture, preparation,	427
or substance that is or contains any amount of cocaine that is	428
analytically identified as the base form of cocaine or that is in	429
a form that resembles rocks or pebbles generally intended for	430
individual use.	431

(HH) "Adulterate" means to cause a drug to be adulterated as	432
described in section 3715.63 of the Revised Code.	433

(II) "Public premises" means any hotel, restaurant, tavern,	434
store, arena, hall, or other place of public accommodation,	435
business, amusement, or resort.	436

Sec. 4517.02.  (A) Except as otherwise provided in this	437
section, no person shall do any of the following:	438

(1) Engage in the business of displaying or selling at retail	439
new motor vehicles or assume to engage in suchthat business,	440
unless the person is licensed as a new motor vehicle dealer under	441
sections 4517.01 to 4517.45 of the Revised Code, or is a	442
salesperson licensed under those sections and employed by a	443
licensed new motor vehicle dealer;	444

(2) Engage in the business of offering for sale, displaying	445
for sale, or selling at retail or wholesale used motor vehicles or	446
assume to engage in that business, unless the person is licensed	447
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	448
or is a salesperson licensed under those sections and employed by	449
a licensed used motor vehicle dealer or licensed new motor vehicle	450
dealer;	451

(3) Engage in the business of regularly making available,	452
offering to make available, or arranging for another person to use	453
a motor vehicle, in the manner described in division (M) of	454
section 4517.01 of the Revised Code, unless the person is licensed	455
as a motor vehicle leasing dealer under sections 4517.01 to	456
4517.45 of the Revised Code;	457

(4) Engage in the business of motor vehicle auctioning or	458
assume to engage in suchthat business, unless the person is	459
licensed as a motor vehicle auction owner under sections 4517.01	460
to 4517.45 and 4707.01 to 4707.99 of the Revised Code and the	461
person uses an auctioneer who is licensed under Chapter 4707. of	462
the Revised Code to conduct the motor vehicle auctions;	463

(5) Engage in the business of distributing motor vehicles or	464
assume to engage in suchthat business, unless the person is	465
licensed as a distributor under sections 4517.01 to 4517.45 of the	466
Revised Code;	467

(6) Make more than five casual sales of motor vehicles in a	468
twelve-month period, commencing with the day of the month in which	469
the first such sale is made, nor provide a location or space for	470
the sale of motor vehicles at a flea market, without obtaining a	471
license as a dealer under sections 4517.01 to 4517.45 of the	472
Revised Code;, provided however that nothing in this section shall	473
be construed to prohibit the disposition without a license of a	474
motor vehicle originally acquired and held for purposes other than	475
sale, rental, or lease to an employee, retiree, officer, or	476
director of the person making the disposition, to a corporation	477
affiliated with the person making the disposition, or to a person	478
licensed under sections 4517.01 to 4517.45 of the Revised Code;	479

(7) Engage in the business of brokering manufactured homes	480
unless that person is licensed as a manufactured home broker under	481
sections 4517.01 to 4517.45 of the Revised Code.	482

(B) Nothing in this section shall be construed to require an	483
auctioneer licensed under sections 4707.01 to 4707.19 of the	484
Revised Code, to obtain a motor vehicle salesperson's license	485
under sections 4517.01 to 4517.45 of the Revised Code when	486
conducting an auction sale for a licensed motor vehicle dealer on	487
the dealer's premises, or when conducting an auction sale for a	488
licensed motor vehicle auction owner; nor shall such an auctioneer	489
be required to obtain a motor vehicle auction owner's license	490
under sections 4517.01 to 4517.45 of the Revised Code when engaged	491
in auctioning for a licensed motor vehicle auction owner.	492

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	493
apply to any of the following:	494

(1) Persons engaging in the business of selling commercial	495
tractors, trailers, or semitrailers incidentally to engaging	496
primarily in business other than the selling or leasing of motor	497
vehicles;	498

(2) Mortgagees selling at retail only those motor vehicles	499
that have come into their possession by a default in the terms of	500
a mortgage contract;	501

(3) The leasing, rental, and interchange of motor vehicles	502
used directly in the rendition of a public utility service by	503
regulated motor carriers.	504

(D) When a partnership licensed under sections 4517.01 to	505
4517.45 of the Revised Code is dissolved by death, the surviving	506
partners may operate under the license for a period of sixty days,	507
and the heirs or representatives of deceased persons and receivers	508
or trustees in bankruptcy appointed by any competent authority may	509
operate under the license of the person succeeded in possession by	510
suchthat heir, representative, receiver, or trustee in	511
bankruptcy.	512

(E) No remanufacturer shall engage in the business of selling	513
at retail any new motor vehicle without having written authority	514
from the manufacturer or distributor of the vehicle to sell new	515
motor vehicles and to perform repairs under the terms of the	516
manufacturer's or distributor's new motor vehicle warranty,	517
unless, at the time of the sale of the vehicle, each customer is	518
furnished with a binding agreement ensuring that the customer has	519
the right to have the vehicle serviced or repaired by a new motor	520
vehicle dealer who is franchised to sell and service vehicles of	521
the same line-make as the chassis of the remanufactured vehicle	522
purchased by the customer and whose service or repair facility is	523
located within either twenty miles of the remanufacturer's	524
location and place of business or twenty miles of the customer's	525
residence or place of business. If there is no such new motor	526
vehicle dealer located within twenty miles of the remanufacturer's	527
location and place of business or the customer's residence or	528
place of business, the binding agreement furnished to the customer	529
may be with the new motor vehicle dealer who is franchised to sell	530
and service vehicles of the same line-make as the chassis of the	531
remanufactured vehicle purchased by the customer and whose service	532
or repair facility is located nearest to the remanufacturer's	533
location and place of business or the customer's residence or	534
place of business. Additionally, at the time of sale of any	535
vehicle, each customer of the remanufacturer shall be furnished	536
with a warranty issued by the remanufacturer for a term of at	537
least one year.	538

(F) Except as otherwise provided in this division, whoever	539
violates this section is guilty of a minor misdemeanor and shall	540
be subject to a mandatory fine of one hundred dollars. If the	541
offender previously has been convicted of or pleaded guilty to a	542
violation of this section, whoever violates this section is guilty	543
of a misdemeanor of the first degree and shall be subject to a	544
mandatory fine of one thousand dollars.	545

Sec. 4707.01.  As used in sections 4707.01 to 4707.22 and	546
4707.99 of the Revised Codethis chapter:	547

(A) "Auction" means a method of sale of real or personal	548
property, goods, or chattels, at a predetermined date and time, by	549
means of a verbal exchange, regular mail, telecommunications, the	550
internet, an electronic transmission, or a physical gesture	551
between an auctioneer or apprentice auctioneer and members of the	552
audience or prospective purchasers, the exchanges and gestures	553
consisting of a series of invitations for offers made by the	554
auctioneer and offers by members of the audience or prospective	555
purchasers, with the right to acceptance of offers with the	556
auctioneer or apprentice auctioneer. "Auction" includes a sale of	557
real or personal property, goods, or chattels in which there has	558
been a solicitation or invitation by advertisement to the public	559
for an advance in bidding using sealed bidding, provided that the	560
bids are opened and there is a call for an advancement of the	561
bids.	562

(B) "Auctioneer" means any person who engages, or who by	563
advertising or otherwise holds selfthe person out as being able	564
to engage, in the calling for, recognition of, and the acceptance	565
of, offers for the purchase of real or personal property, goods,	566
or chattels at auction either directly or through the use of other	567
licensed auctioneers or apprentice auctioneers.	568

(C) "Apprentice auctioneer" means any individual who is	569
sponsored by an auctioneer to deal or engage in any activities	570
mentioned in division (A) of this section.	571

(D) "Auction company" means any person, excluding licensed	572
auctioneers, who does business solely in the auctioneer's	573
individual name, who sells, either directly or through agents,	574
real or personal property, goods, or chattels at auction, or who	575
arranges, sponsors, manages, conducts, or advertises auctions and	576
who was licensed as an auction company by the department of	577
agriculture as of May 1, 1991. An auction company does not mean	578
either of the following:	579

(1) A sale barn or livestock auction market that is used	580
exclusively for the auctioneering of livestock and is licensed by	581
the department of agriculture under Chapter 943. of the Revised	582
Code;	583

(2) A business that is licensed by the bureau of motor	584
vehicles under Chapter 4517. of the Revised Code and is	585
exclusively engaged in the auction sale of motor vehicles to	586
dealers licensed by either the bureau of motor vehicles or a	587
bureau of motor vehicles of another jurisdiction or its	588
equivalent.	589

(E) "Special auctioneer" means any person who is licensed as	590
an auction company by the department of agriculture as of May 1,	591
1991, and currently is subject to section 4707.071 of the Revised	592
Code.	593

(E) "Absolute auction" means an auction of real or personal	594
property to which all of the following apply:	595

(1) The property is sold to the highest bidder without	596
reserve.	597

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

598

(3) The auction does not require competing bids of any type	599
by the seller or an agent of the seller.	600

(4) The seller of the property cannot withdraw the property	601
from auction after the auction is opened and there is public	602
solicitation or calling for bids.	603

(F) "Reserve auction" means an auction in which the seller or	604
an agent of the seller reserves the right to establish a stated	605
minimum bid, the right to reject or accept any or all bids, or the	606
right to withdraw the real or personal property at any time prior	607
to the completion of the auction by the auctioneer.	608

(G) "Auction mediation company" means a company that provides	609
a forum through the internet for a person to sell the person's	610
real or personal property that was not originally acquired for the	611
purpose of resale via the submission of silent bids using a	612
computer or other electronic device.	613

(H) "Public authority" means any board or commission of the	614
state or any officer of such a board or commission, or any	615
political subdivision of the state.	616

(I) "Estate auction" means the auction of real or personal	617
property of a deceased person.	618

(J) "Absentee bidding" means a method by which a potential	619
purchaser authorizes a proxy to place on behalf of the potential	620
purchaser a written or oral bid to an auctioneer or auction firm	621
or an agent of an auctioneer or auction firm.	622

(K) "Person" means an individual, sole proprietor,	623
corporation, limited liability company, association, or	624
partnership.	625

(L) "Auction firm" means a person who provides auction	626
services.	627

(M) "Auction services" means arranging, managing, and	628
sponsoring a personal property auction. "Auction services"	629
includes the taking and advertising of personal property on	630
consignment to be sold at auction by a licensed auctioneer.	631

(N) "Consignee" means a person or auction firm that takes	632
personal property on consignment to be sold at auction by a	633
licensed auctioneer.	634

(O) "Firm manager" means the individual designated by an	635
auction firm who is responsible for ensuring that the auction firm	636
complies with this chapter.	637

(P) "Sealed bidding" means a method of submitting a bid in	638
writing by one or more persons following which the bids are opened	639
at an advertised, predetermined time and place, and, after a	640
review of all the bids received, the real or personal property is	641
awarded to the highest and most responsive bidder.	642

Sec. 4707.02.  No person shall act as an auction firm,	643
auctioneer, apprentice auctioneer, or special auctioneer within	644
this state without a license issued by the department of	645
agriculture. No auction shall be conducted in this state except by	646
an auctioneer licensed by the department.	647

The department shall not issue or renew a license if the	648
applicant or licensee has been convicted of a felony or crime	649
involving fraud or theft in this or another state at any time	650
during the ten years immediately preceding application or renewal.	651

This section does not apply to:

652

(A) Sales at auction conducted by or under the direction of	653
any public authority, or salesthat either are required by law to	654
be at auction, other than sales pursuant to a judicial order or	655
decree, or that are conducted by or under the direction of a	656
public authority;	657

(B) The owner of any real or personal property desiring to	658
sell the property at auction, provided that the property was not	659
acquired for the purpose of resale;	660

(C) An auction mediation company;

661

(D) An auction that is conducted in a course of study for	662
auctioneers that is approved by the state auctioneers commission	663
created under section 4707.03 of the Revised Code for purposes of	664
student training and is supervised by a licensed auctioneer;	665

(E) An auction that is sponsored by a nonprofit or charitable	666
organization that is registered in this state under Chapter 1702.	667
or Chapter 1716. of the Revised Code, respectively, if the auction	668
only involves the property of the members of the organization and	669
the auction is part of a fair that is organized by an agricultural	670
society under Chapter 1711. of the Revised Code or by the Ohio	671
expositions commission under Chapter 991. of the Revised Code at	672
which an auctioneer who is licensed under this chapter physically	673
conducts the auction;	674

(F) A person licensed as a livestock dealer under Chapter	675
943. of the Revised Code who exclusively sells livestock and uses	676
an auctioneer who is licensed under this chapter to conduct the	677
auction;	678

(G) A person licensed as a motor vehicle auction owner under	679
Chapter 4517. of the Revised Code who exclusively sells motor	680
vehicles and who uses an auctioneer who is licensed under this	681
chapter to conduct the auction.	682

Sec. 4707.021.  Only an auctioneer who is licensed under this	683
chapter and who is licensed as a real stateestate broker who is	684
licensedor a real estate salesperson under Chapter 4735. of the	685
Revised Code and who is licensed as an auctioneer under this	686
chapter mayshall sign an auction contract for the sale of real	687
property at auction. A real estate broker who is licensed under	688
Chapter 4735. of the Revised Code, but who is not licensed as an	689
auctioneer under this chapter shall not sign an auction contract	690
or conduct an auction, but may contract for the sale of real	691
property at auction only if either of the following applies:	692

(A) The auctioneer who signs the auction contract and who	693
conducts the auction is a salesperson licensed under Chapter 4735.	694
of the Revised Code and is associated with the real estate broker	695
who contracts for the sale of real property.	696

(B) The real estate broker enters into a cooperative	697
agreement with another real estate broker licensed under Chapter	698
4735. of the Revised Code with whom an auctioneer licensed under	699
this chapter is associated and the auctioneer conductsis solely	700
responsible for signing the auction contract and conducting the	701
auction.	702

An apprentice auctioneer who is licensed as a real estate	703
broker or real estate salesperson under Chapter 4735. of the	704
Revised Code may act as a bid caller in the sale of real property	705
at auction if the sponsoring auctioneer is licensed under this	706
chapter and is licensed as a real estate broker or real estate	707
salesperson under Chapter 4735. of the Revised Code.	708

Nothing in this section shall be construed to permit a	709
business to contract for the sale of real property at auction	710
through an individual who is not licensed under this chapter and	711
Chapter 4735. of the Revised Code.	712

Sec. 4707.022. (A) An auction shall be a reserve auction	713
unless explicitly stated otherwise in the contract for the auction	714
and in the terms and conditions governing the auction. For	715
purposes of a reserve auction, there need not be an announcement	716
or indication that the reserve is attained.	717

(B) A person licensed under this chapter shall not use	718
absentee bidding unless the owner of the real or personal property	719
being sold provides prior written permission to use absentee	720
bidding.	721

(C) A person licensed under this chapter shall be an agent of	722
the owner or consignee of the real or personal property for	723
purposes of all aspects of the auction.	724

Sec. 4707.023. (A) No person licensed under this chapter	725
shall advertise, offer for sale, or sell real or personal property	726
by absolute auction unless all of the following apply:	727

(1) One of the following applies:

728

(a) Except for current tax obligations, easements, or	729
restrictions of record of the seller, there are no liens or	730
encumbrances on the property in favor of any other person.	731

(b) Every holder of a lien or encumbrance, by execution of	732
the auction contract or other written agreement provided to the	733
auctioneer, agrees to the absolute auction without regard to the	734
amount of the highest bid or to the identity of the highest	735
bidder.	736

(c) A financially sound person, firm, trust, or estate, by	737
execution of the auction contract or other written agreement	738
provided to the auctioneer, guarantees the complete discharge and	739
satisfaction of all liens and encumbrances, as applicable,	740
immediately after the absolute auction or at the closing without	741
regard to the amount of the highest bid or to the identity of the	742
highest bidder.	743

(2) The seller of the real or personal property at the time	744
of advertising and at the time of the absolute auction has a bona	745
fide intention to transfer ownership of the property to the	746
highest bidder regardless of the amount of the highest bid and	747
without reliance on any agreement that a particular bid or bid	748
level be attained in order to transfer the property.	749

(3) The auction contract requires that the auction be	750
conducted as an absolute auction, specifies that the auction is	751
not a reserve auction, and prohibits the seller or anyone acting	752
on behalf of the seller to bid or participate in the bidding	753
process of the auction.	754

(B) Division (A) of this section does not prohibit any of the	755
following:	756

(1) The bidding of a secured party or lien holder, other than	757
the seller, at an absolute auction, provided that the bids are	758
bona fide offers, that the bidding does not constitute bid rigging	759
or a reserve for the seller, and that the bidding is not for the	760
purpose of aiding or assisting or on behalf of the seller or the	761
auctioneer;	762

(2) The bidding by an individual or a party to a dissolution	763
of marriage, partnership, or corporation on real or personal	764
property being sold at auction pursuant to the dissolution;	765

(3) The advertising of real or personal property to be sold	766
by absolute auction and by reserve auction within the same	767
advertisement or for auction on the same date and at the same	768
place, provided that the advertisement is not misleading and	769
clearly identifies the property that is to be sold by absolute	770
auction and the property that is to be sold by reserve auction.	771

(C) A person licensed under this chapter may make a bona fide	772
bid on the licensee's own behalf at an absolute auction and at a	773
reserve auction, provided that the licensee provides full	774
disclosure that the licensee may make a bona fide bid to the	775
seller and at the auction.	776

(D) A seller or a person on behalf of a seller may make a bid	777
if the auction is a reserve auction and the auctioneer provides	778
full disclosure before bidding begins that the seller retains the	779
right to bid. No person licensed under this chapter knowingly	780
shall receive such a bid in the absence of full disclosure.	781

(E) Except in the case of a dissolution as provided in	782
division (B)(2) of this section, a person licensed under this	783
chapter shall not knowingly receive a bid by a seller or a person	784
on the seller's behalf at an absolute auction.	785

Sec. 4707.024. (A) Not later than seventy-two hours after the	786
end of an auction, a person licensed under this chapter shall	787
deposit in one or more trust or escrow accounts all money received	788
from the sale of an owner's or consignee's personal property at	789
auction unless the licensee pays the money to the owner or	790
consignee immediately after the end of the auction.	791

(B) For purposes of this section, a person licensed under	792
this chapter shall designate a trust or escrow account that	793
contains an owner's or consignee's money as "client trust account"	794
or with words of similar meaning. In addition, a trust or escrow	795
account only shall contain money received from the sale of	796
personal property at auction that has not been disbursed and money	797
for expenses regarding the auction, including commission and	798
advertisement fees, that are specifically delineated in the	799
auction contract.	800

(C) Except for the payment of money to the owner or consignee	801
immediately after the end of the auction, a person licensed under	802
this chapter shall pay the owner or consignee with money from the	803
client's trust or escrow account. In addition, the licensee may	804
pay expenses, including commission and advertisement fees, that	805
are specifically delineated in the auction contract with money	806
from the trust or escrow account. Money in the trust or escrow	807
account shall not be disbursed for any purpose that is	808
inconsistent with this section. In addition, the money shall not	809
be commingled with the licensee's personal or business money. In	810
administering the trust or escrow account, the licensee shall keep	811
detailed records that show deposits, withdrawals, and interest	812
accrued, if applicable.	813

Unless otherwise agreed to by the parties in the auction	814
contract or by the direction of a court of law, all money	815
deposited into a trust or escrow account shall be disbursed to the	816
seller not later than fifteen days after the auction.	817

(D) Money from the sale of personal property at auction may	818
be deposited in an interest bearing account if the parties to the	819
auction contract specifically agree to such a deposit. Interest	820
earned in the account shall be credited to the seller unless	821
otherwise agreed to by the parties in the auction listing	822
contract. The interest credited to the account may remain in the	823
account for a period of sixty days after the seller receives the	824
money from the account. The interest money then shall be disbursed	825
according to the terms of the auction contract.	826

(E) All money received in connection with the sale of real	827
property at auction shall be deposited in a broker's special or	828
trust bank account in a depository located in this state that is	829
described in division (A)(26) of section 4735.18 of the Revised	830
Code.	831

Sec. 4707.03.  A state auctioneers commission shall be	832
created within the department of agriculture as follows:	833

(A) The governor, with the advice and consent of the senate,	834
shall appoint a commission consisting of threefive members, each	835
of whom immediately prior to the date of appointment has been a	836
resident of this state for at least five years, and whose	837
vocation. Four members shall have been an auctioneer for a period	838
of at least five years has been that of an auctioneerprior to	839
appointment. One member shall be a member of the public who	840
represents the interests of consumers, is not licensed under this	841
chapter, does not have any management responsibility in the	842
auctioneering industry, does not formulate any policy of the	843
auctioneering industry, does not have a financial interest in the	844
auctioneering industry, and does not have any other connection	845
with the auctioneering profession. Terms	846

(B) Terms of office shall be for three years, commencing on	847
the tenth day of October and ending on the ninth day of October.	848
EachOf the two additional appointments made after the effective	849
date of this amendment, one shall be for a term ending on the	850
ninth day of October in the first year following the appointment,	851
and one shall be for a term ending on the ninth day of October in	852
the second year following the appointment. Thereafter, each term	853
of office shall be for three years, commencing on the tenth day of	854
October.	855

Each member shall hold office from the date of appointment	856
until the end of the term for which appointed. Any member	857
appointed to fill a vacancy occurring prior to the expiration of	858
the term for which the member's predecessor was appointed shall	859
hold office for the remainder of such term. Any member shall	860
continue in office subsequent to the expiration date of the	861
member's term until the member's successor takes office, or until	862
a period of sixty days has elapsed, whichever occurs first. A	863
member appointed for a term commencing on or after October 10,	864
2005, shall not serve more than three consecutive terms.	865

(B)(C) At no time shall there be more than twothree members	866
of the same political party serving on the commission.	867

Sec. 4707.04.  (A) The state auctioneers commission shall,	868
upon qualification of the member or members appointed in each	869
year, select from its members a chairperson, and shall serve in an	870
advisory capacity to the department of agriculture for the purpose	871
of carrying out sections 4707.01 to 4707.22 of the Revised Code	872
this chapter. The commission shall meet not less than four times	873
annually.	874

(B) The commission shall establish requirements and standards	875
for courses of study in auctioneering. The commission triennially	876
shall review courses of study in auctioneering that are offered at	877
institutions in order to determine whether the courses comply with	878
those requirements and standards. The commission shall approve	879
institutions that offer courses that comply with the requirements	880
and standards. If an institution is not approved, the institution	881
may reapply for approval within a year of the disapproval. If at	882
that time the commission approves the institution, the institution	883
shall be approved for the remainder of the triennial period. The	884
commission, prior to the triennial review, may place on	885
probationary status or revoke the approval of any institution that	886
provides a course of study in auctioneering if the institution	887
fails to comply with the requirements and standards established	888
under this division.	889

(C) Members of the commission who are licensed auctioneers	890
under this chapter shall administer the oral licensing examination	891
required under section 4707.08 of the Revised Code.	892

(D) Each commissioner shall receive the commissioner's actual	893
and necessary expenses incurred in the discharge of suchthe	894
commissioner's duties. Each commissioner also shall receive a per	895
diem salary from the auctioneers fund created in section 4707.05	896
of the Revised Code for each meeting attended. The director of	897
agriculture shall adopt rules in accordance with Chapter 119. of	898
the Revised Code establishing the per diem salary.	899

(E) The commission may form subcommittees for purposes of	900
research, education, and promotion of the auctioneering	901
profession. If a majority of the members of the commission	902
approves, the members of a subcommittee may be reimbursed from the	903
auction education fund created in section 4707.171 of the Revised	904
Code for the actual and necessary expenses incurred in the	905
discharge of their duties.	906

(F) Serving as a member of the commission does not constitute	907
holding a public office or position of employment under the laws	908
of this state and does not constitute grounds for removal of	909
public officers or employees from their offices or positions of	910
employment.	911

(G) The commission may advise the director on actions of the	912
director as required under this chapter.	913

Sec. 4707.05.  Except as otherwise provided in section	914
4707.25 of the Revised Code, all fees and charges collected by the	915
department of agriculture pursuant to this chapter shall be paid	916
into the state treasury to the credit of the auctioneers fund,	917
which is hereby created. All expenses incurred by the department	918
in administering this chapter shall be paid out of the fund. The	919
total expenses incurred by the department in the administration of	920
this chapter shall not exceed the total fees, charges, fines, and	921
penalties imposed under sections 4707.08, 4707.10, and 4707.99 of	922
the Revised Code and paid to the treasurer of state. The	923
department may conduct education programs for the enlightenment	924
and benefit of all auctioneers who have paid fees pursuant to	925
sections 4707.08 and 4707.10 of the Revised Code.	926

Out of the moneys credited pursuant to this section, the fund	927
shall be assessed a proportionate share of the administrative	928
costs of the department in accordance with procedures prescribed	929
by the director of agriculture and approved by the director of	930
budget and management. The assessment shall be paid from the	931
auctioneers fund to the division of administration fund.	932

At the end of each fiscal year, if the balance of the fund is	933
greater than three hundred thousand dollars, the director of	934
agriculture shall request the director of budget and management	935
to, and the director of budget and management shall, transfer	936
twenty-five per cent of the balance that is in excess of three	937
hundred thousand dollars to the auction recovery fund created in	938
section 4707.25 of the Revised Code.	939

Sec. 4707.06.  The department of agriculture shall maintain a	940
record of the names and addresses of all auction firms,	941
auctioneers and, apprentice auctioneers, and special auctioneers	942
licensed by the department. This record shall also include a list	943
of all persons whose licenses have been suspended or revoked, as	944
well as any other information relative to the enforcement of	945
sections 4707.01 to 4707.22 of the Revised Code, asthis chapter	946
that the department may deemconsiders of interest to the public.	947

Sec. 4707.07.  (A) The department of agriculture may grant	948
auctioneers' licenses to those persons deemedindividuals who are	949
determined to be qualified by the department. Each person	950
individual who applies for an auctioneer's license shall furnish	951
to the department, on forms provided by the department,	952
satisfactory proof that the applicant:	953

(1) Has a good reputation;

954

(2) Is of trustworthy character;

955

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

956

(4) Has done one of the following:

957

(a) Met the apprenticeship requirements set forth in section	958
4707.09 of the Revised Code;	959

(b) Met the requirements of section 4707.12 of the Revised	960
Code.	961

(5) Has a general knowledge of the following:

962

(a) The requirements of the Revised Code relative to	963
auctioneers;	964

(b) The auction profession;

965

(c) The principles involved in conducting an auction;

966

(d) Any local and federal laws regarding the profession of	967
auctioneering.	968

(6) Has satisfied the financial responsibility requirements	969
established under section 4707.11 of the Revised Code if	970
applicable.	971

(B) Auctioneers who served apprenticeships and who hold	972
licenses issued before May 1, 1991, and who seek renewal of their	973
licenses, are not subject to the additional apprenticeship	974
requirements imposed by section 4707.084707.09 of the Revised	975
Code.	976

(C) The department may issue an auctioneer's license to a	977
partnership, association, or corporation if all the partners,	978
members, or officers thereof who are authorized to perform the	979
functions of an auctioneer as agents of the applicant are	980
themselves licensed as auctioneers under this chapter.	981

An application for an auctioneer's license filed by a	982
partnership or association shall contain a listing of the names of	983
all of the licensed partners, members, or other persons who are	984
authorized to perform the functions of an auctioneer as agents of	985
the applicant. An application filed by a corporation shall contain	986
the names of its president and of each of its licensed officers	987
and any other person who is authorized to perform the functions of	988
an auctioneer as an agent of the applicant.	989

(D) A licensee may do business under more than one registered	990
name if, but not to exceed three registered names, provided that	991
the names have been approved by the department. The department may	992
reject the application of any person seeking licensure under this	993
chapter if the name or names to be used by the applicant are	994
likely to mislead the public, or if the name or names do not	995
distinguish the applicant from the name or names of any existing	996
person licensed under this chapter. If an applicant applies to the	997
department to do business under more than twothree names, the	998
department may charge a fee of ten dollars for the third name and	999
each additional name.	1000

(D) The department, in its discretion, may waive the	1001
schooling and apprenticeship requirements for a resident of this	1002
state, provided that the resident holds a valid auctioneer license	1003
that was issued by a state with which the department has entered	1004
into a reciprocal licensing agreement and the resident is in good	1005
standing with that state. The applicant shall provide proof that	1006
is satisfactory to the department that the applicant has had two	1007
years of experience as an auctioneer immediately preceding the	1008
date of application that includes at a minimum twelve auctions in	1009
which the applicant was a bid caller in the reciprocal state.	1010

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	1011
auction companies under former section 4707.071 of the Revised	1012
Code shall comply with all provisions of this chapter that are	1013
applicable to auctioneers except as provided in divisions (B) and	1014
(C) of this section. Such persons, however, do not have to serve	1015
an apprenticeship or attend a course of study under section	1016
4707.09 of the Revised Code or submit to an examination under	1017
section 4707.08 of the Revised Code as long as they do not engage	1018
in the calling for, recognition of, and the acceptance of, offers	1019
for the purchase of personal property at auction and do not	1020
conduct auctions at any location other than the definite place of	1021
business required in section 4707.14 of the Revised Code.	1022

(B) The principal owner of each auction company that is	1023
licensed as of May 1, 1991, who pays the annual renewal fee	1024
specified in division (B) of section 4707.10 of the Revised Code	1025
during the first renewal period following May 1, 1991, shall be	1026
issued a special auctioneer's license, for the saleauction of	1027
personal property subject to division (A) of this section. Each	1028
principal owner shall apply for an annual license. In applying for	1029
an annual license, each person licensed as an auction company on	1030
May 1, 1991, shall designate an individual as principal owner by	1031
submitting documentation substantiating that the individual is in	1032
fact the principal owner and shall identify a definite place of	1033
business as required in section 4707.14 of the Revised Code. A	1034
person licensed as an auctioneer shall not be entitled to a	1035
special auctioneer's license.	1036

(C) A special auctioneer's license issued under this section	1037
to the principal owner of a former auction company does not	1038
entitle the principal owner or former auction company to conduct	1039
auctions at any location other than the definite place of business	1040
required in section 4707.14 of the Revised Code. Notwithstanding	1041
section 4707.10 of the Revised Code, the department of agriculture	1042
shall not issue a new special auctioneer's license if the definite	1043
place of business identified by the licensee in the licensee's	1044
initial application for a special auctioneer license has changed	1045
or if the name under which the licensee is doing business has	1046
changed. No person other than an owner, officer, member, or agent	1047
of the former auction company who personally has passed the	1048
examination prescribed in section 4707.08 of the Revised Code and	1049
been licensed as an auctioneer shall engage in the calling for,	1050
recognition of, and the acceptance of, offers for the purchase of	1051
real or personal property, goods, or chattels at auction in	1052
connection with a former auction company that has been issued a	1053
special auctioneer's license.	1054

(D) A person licensed as a special auctioneer shall not	1055
engage in the sale of real property at auction.	1056

(E) As used in this section, "auction company" means "auction	1057
company" as defined in section 4707.01 of the Revised Code prior	1058
to its amendment by Sub. S.B. 209 of the 125th general assembly.	1059

Sec. 4707.072. (A) For purposes of this section, the	1060
department of agriculture shall adopt rules in accordance with	1061
section 4707.19 of the Revised Code prescribing the fee that a	1062
license applicant must pay. Until those rules are adopted, a	1063
license applicant shall pay the fee established in this section.	1064

(B) The department may grant one-auction licenses to any	1065
nonresident person deemedindividual who is determined to be	1066
qualified by the department. Any personindividual who applies for	1067
a one-auction license shall attest, on forms provided by the	1068
department, and furnish to the department, satisfactory proof that	1069
the license applicant or any auctioneer affiliated with the	1070
applicant meets the following requirements:	1071

(1)(A) Has a good reputation;

1072

(2)(B) Is of trustworthy character;

1073

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

1074

(4)(D) Has a general knowledge of the requirements of the	1075
Revised Code relative to auctioneers, the auction profession, and	1076
the principles involved in conducting an auction;	1077

(5)(E) Has two years of professional auctioneering experience	1078
immediately preceding the date of application and the experience	1079
that includes the personal conduct by the applicant of at least	1080
twelve auction sales in any state, or has met the requirements of	1081
section 4707.12 of the Revised Code;	1082

(6)(F) Has paid a fee of onefive hundred dollars;

1083

(7)(G) Has not applied for or previously obtained a license	1084
under this section;	1085

(H) Has provided proof of financial responsibility in the	1086
form of either an irrevocable letter of credit or a cash bond or a	1087
surety bond in the amount of fifty thousand dollars. If the	1088
applicant gives a surety bond, the bond shall be executed by a	1089
surety company authorized to do business in this state. A bond	1090
shall be made to the department and shall be conditioned that the	1091
applicant shall comply with this chapter and rules adopted under	1092
it, including refraining from conduct described in section 4707.15	1093
of the Revised Code. All bonds shall be on a form approved by the	1094
director of agriculture.	1095

Sec. 4707.073. (A) No corporation, general or limited	1096
partnership, or unincorporated association shall act or hold	1097
itself out as an auctioneer without a valid auctioneer's license	1098
issued under this section. This section does not apply to a person	1099
who is issued a license under section 4707.071 of the Revised	1100
Code.	1101

(B) The department of agriculture may grant an auctioneer's	1102
license to a corporation, general or limited partnership, or	1103
unincorporated association that is determined to be qualified by	1104
the department. Every applicant for a license under this section	1105
shall furnish to the department, on forms provided by the	1106
department, satisfactory proof that the applicant:	1107

(1) Is in good standing with the secretary of state if the	1108
applicant is a corporation;	1109

(2) Is of trustworthy character;

1110

(3) Has provided proof of financial responsibility as	1111
required in section 4707.11 of the Revised Code;	1112

(4) Is registered with the secretary of state or a local	1113
authority, as applicable, to do business in this state;	1114

(5) Has complied with any other requirement that the director	1115
establishes in rules adopted under section 4707.19 of the Revised	1116
Code.	1117

(C) An application submitted under this section shall list	1118
the names of all of the owners, directors, partners, or members of	1119
the applicant, as applicable, and shall indicate those that have	1120
an auctioneer's license issued under section 4707.07 of the	1121
Revised Code.	1122

(D)(1) The department shall not issue a license under this	1123
section unless one of the following applies, as applicable:	1124

(a) If the applicant is a general or limited partnership, not	1125
less than fifty per cent of the general partners have a current	1126
license issued under section 4707.07 of the Revised Code.	1127

(b) If the applicant is a corporation, not less than fifty	1128
per cent of the directors and the president or chief executive	1129
have a current license issued under section 4707.07 of the Revised	1130
Code.	1131

(c) If the applicant is an unincorporated association, not	1132
less than fifty per cent of the members have a current license	1133
issued under section 4707.07 of the Revised Code.	1134

Failure of a corporation, partnership, or unincorporated	1135
association to maintain the applicable requirements of this	1136
division after the issuance of a license under this section may be	1137
sufficient cause for the revocation of the license under section	1138
4707.15 of the Revised Code.	1139

(2) Not later than two years after the effective date of this	1140
section, a corporation, partnership, or unincorporated association	1141
that was issued a license under section 4707.07 of the Revised	1142
Code on or before the effective date of this section shall comply	1143
with the requirements established in division (D)(1) of this	1144
section. If such a corporation, partnership, or unincorporated	1145
association fails to comply with those requirements, the license	1146
of the corporation, partnership, or unincorporated association	1147
immediately shall terminate.	1148

(E) Upon the issuance of a license under this section, a	1149
corporation, partnership, or unincorporated association shall	1150
designate an individual from among its directors, partners, or	1151
members who is licensed under section 4707.07 of the Revised Code	1152
as its agent for purposes of communication with the department. If	1153
that individual ceases to be the agent, the corporation,	1154
partnership, or unincorporated association shall notify the	1155
department not later than ten days after the day on which the	1156
individual ceases to be the agent. Upon notification to the	1157
department, the license of the corporation, partnership, or	1158
unincorporated association, as applicable, immediately shall	1159
terminate. If the corporation, partnership, or unincorporated	1160
association notifies the department of the designation of a new	1161
agent in accordance with the requirements of this division and	1162
pays a fee in the amount of ten dollars, the department shall	1163
issue the corporation, partnership, or unincorporated association	1164
a new license.	1165

(F) This section does not preclude a corporation,	1166
partnership, or unincorporated association from selling real	1167
property at auction, provided that the requirements of this	1168
section and section 4707.021 and Chapter 4735. of the Revised Code	1169
are satisfied.	1170

(G) A person licensed as a real estate broker under Chapter	1171
4735. of the Revised Code shall not be required to obtain a	1172
license under this section if the person complies with sections	1173
4707.021 and 4707.22 of the Revised Code.	1174

Sec. 4707.074. (A) A person who is not otherwise licensed	1175
under this chapter and who only provides auction services or holds	1176
the person's self out as providing auction services shall do so	1177
only with a valid auction firm license issued under this section.	1178
This section does not apply to either of the following:	1179

(1) A person licensed as a motor vehicle auction owner under	1180
Chapter 4517. of the Revised Code who exclusively sells motor	1181
vehicles and who uses an auctioneer who is licensed under this	1182
chapter to conduct the auction;	1183

(2) A person licensed as a livestock dealer under Chapter	1184
943. of the Revised Code who exclusively sells livestock and uses	1185
an auctioneer who is licensed under this chapter to conduct the	1186
auction.	1187

(B) The department of agriculture may grant an auction firm	1188
license to an auction firm that is determined to be qualified by	1189
the department. Every applicant for an auction firm license shall	1190
furnish to the department, on forms provided by the department,	1191
satisfactory proof that the applicant:	1192

(1) Is in good standing with the secretary of state if the	1193
applicant is a corporation;	1194

(2) Is of trustworthy character;

1195

(3) Is registered with the secretary of state or a local	1196
authority, as applicable, to do business in this state;	1197

(4) Has complied with any other requirement that the director	1198
establishes in rules adopted under section 4707.19 of the Revised	1199
Code;	1200

(5) Has a general knowledge of the requirements of the	1201
Revised Code and the general principles regarding auctions,	1202
auctioneering, and auction management;	1203

(6) Has provided proof of financial responsibility in the	1204
amount of fifty thousand dollars in the form of a surety bond, an	1205
irrevocable letter of credit, or cashbond;	1206

(7) Employs a firm manager as required under division (D) of	1207
this section.	1208

(C) An application submitted under this section for an	1209
auction firm license shall list the names of all of the owners,	1210
directors, partners, or members of the applicant, as applicable.	1211

(D) An auction firm shall designate a firm manager. The firm	1212
manager shall have sufficient authority in the operation of the	1213
auction firm to ensure compliance with this chapter and rules	1214
adopted under it. If the firm manager does not have a current	1215
license issued under section 4707.07 of the Revised Code, the firm	1216
manager shall pass the written examination held under section	1217
4707.08 of the Revised Code before the department may issue a	1218
license under this section to the auction firm.	1219

(E)(1) An auction firm license issued under this section	1220
immediately shall terminate if any of the following occurs:	1221

(a) The auction firm incorporates.

1222

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

1223

(c) The auction firm changes ownership.

1224

(d) If the auction firm is a partnership, the firm changes	1225
the number of partners in the partnership or changes the partners	1226
comprising the partnership.	1227

(e) The auction firm changes the firm manager.

1228

(f) The auction firm changes the name under which the firm	1229
conducts business.	1230

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

1231

If a license terminates under this division, the licensee	1232
immediately shall cease auction services, notify the department of	1233
the termination, and return the terminated license to the	1234
department.	1235

(2) Not later than ten days prior to the date on which an	1236
auction firm license will terminate pursuant to division	1237
(E)(1)(a), (b), (c), or (d) of this section, the auction firm may	1238
submit an application for a new auction firm license in accordance	1239
with division (B) of this section. If the auction firm submits the	1240
application, returns the terminated license, and pays a fee in the	1241
amount of one hundred dollars, the department may issue a new	1242
license under this section.	1243

(3) If a license terminates pursuant to division (E)(1)(e),	1244
(f), or (g) of this section and the formerly licensed auction firm	1245
notifies the department, returns the terminated license, and pays	1246
a fee in the amount of ten dollars, the department shall issue a	1247
new license under this division.	1248

(F) For purposes of the financial responsibility that is	1249
required under division (B) of this section, if a person provides	1250
a surety bond, the bond shall be executed by a surety company that	1251
is authorized to do business in this state. The bond shall be made	1252
payable to the department and shall include a condition that	1253
requires the applicant to comply with this chapter and rules	1254
adopted under it, including a requirement that the person refrain	1255
from conduct described in section 4707.15 of the Revised Code. A	1256
bond shall be on a form that is approved by the director. A person	1257
who is issued a license under this section shall maintain the	1258
financial responsibility that is required under division (B) of	1259
this section for as long as the person is licensed.	1260

(G) An auction firm licensed under this section shall not	1261
conduct the bid calling for the sale of real or personal property	1262
at auction.	1263

Sec. 4707.08.  (A) The department of agriculture shall hold	1264
written examinations four times each year for the purpose of	1265
testing the qualifications required for obtaining a license under	1266
section 4707.07 of the Revised Code and twelve times each year for	1267
obtaining a license under section 4707.09 of the Revised Code and	1268
for unlicensed auction firm managers as required under division	1269
(D) of section 4707.074 of the Revised Code. The written	1270
examination shall be held at the department or at an alternative	1271
location determined by the department. In addition to the written	1272
examination, auctioneer license applicants shall pass an oral	1273
examination administered by the state auctioneers commission on	1274
the same date and at the same location as the written examination.	1275
An examination shall not be required for the renewal of any	1276
license unless suchthe license has been revoked, suspended, or	1277
allowed to expire without renewal, in which case the applicant	1278
shall take and pass the appropriate examinations offered by the	1279
department.	1280

An examination fee of twenty-five dollars shall be collected	1281
from each person taking the auctioneer examination and fifteen	1282
dollars from each person taking either the apprentice auctioneer	1283
examination or the auction firm manager examination to defray	1284
expenses of holding suchthe examinations.	1285

(B) All applications and proofs mustshall be filed by each	1286
applicant before the scheduled date of examination, and mustshall	1287
be accompanied by a bondproof of financial responsibility and a	1288
license fee. In order to be seated for an examination held under	1289
this section, an applicant shall have a complete application on	1290
file with the department not later than fourteen days prior to the	1291
examination date.	1292

(C) If a court of competent jurisdiction or the department,	1293
at an administrative hearing, has found that an applicant	1294
conducted an auction, provided auction services, or acted as an	1295
auctioneer without a license issued under this chapter, the	1296
department may refuse to allow the applicant to take an	1297
examination under this section or may deny the issuance of a	1298
license to the applicant for a period of two years.	1299

(D)(1) If an applicant for a license fails to pass the	1300
examination, the applicant may take the examination on the next	1301
scheduled date for the examination. If an applicant fails to pass	1302
the examination on the second consecutive attempt, the applicant	1303
shall not take the examination on the next scheduled date for the	1304
examination.	1305

(2) If an applicant for a license fails to pass the	1306
examination on the third attempt, the applicant shall attend	1307
auction school a second time before the applicant may take the	1308
examination. If an applicant for a license fails to pass the	1309
examination on the fourth attempt, the applicant shall not take	1310
the examination for at least one year from the date of the last	1311
failed attempt.	1312

(3) If an individual who is taking the examination for an	1313
auction firm manager fails to pass the examination on the third	1314
attempt, the individual shall not take the examination for one	1315
year from the date of the last failed attempt.	1316

Sec. 4707.09.  The department of agriculture may grant	1317
apprentice auctioneers' licenses to those persons deemedthat are	1318
determined to be qualified by the department. Every applicant for	1319
an apprentice auctioneer's license shall pass an examination	1320
relating to the skills, knowledge, and statutes and rules	1321
governing auctioneers. Every applicant for an apprentice	1322
auctioneer's license shall furnish to the department, on forms	1323
provided by the department, satisfactory proof that the applicant:	1324

(A) Has a good reputation;

1325

(B) Is of trustworthy character;

1326

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

1327

(D) Has obtained a written promise of a licensed auctioneer	1328
to sponsor the applicant during the applicant's apprenticeship;	1329

(E) Has satisfied the financial responsibility requirements	1330
established under section 4707.11 of the Revised Code if	1331
applicable;	1332

(F) Has successfully completed a course of study in	1333
auctioneering at an institution that is approved by the state	1334
auctioneers commission.	1335

Before an apprentice may take the auctioneer's license	1336
examination, the apprentice shall serve an apprenticeship of at	1337
least twelve months, successfully complete a course of study in	1338
auctioneering at an institution that is approved every three years	1339
by the state auctioneers commission, and conduct,participate as a	1340
bid caller,in at least twelve auction sales under the direct	1341
supervision of the sponsoring licensed auctioneer, which sales	1342
auctions shall be certified by the licensed auctioneer on the	1343
apprentice's application for an auctioneer's license. No	1344
apprentice auctioneer shall be under the sponsorship of more than	1345
one licensed auctioneer at one time.	1346

If an auctioneer intends to terminate sponsorship of an	1347
apprentice auctioneer, the sponsoring auctioneer shall notify the	1348
apprentice auctioneer of the sponsoring auctioneer's intention by	1349
certified mail, return receipt requested, at least ten days prior	1350
to the effective date of termination and, at the same time, shall	1351
deliver or mail by certified mail to the department of agriculture	1352
a copy of the termination notice and the license of the apprentice	1353
auctioneer. No apprentice auctioneer shall perform any acts under	1354
authority of the apprentice's license after the effective date of	1355
the termination until the apprentice receives a new license	1356
bearing the name and address of the apprentice's new sponsor. No	1357
more than one license shall be issued to any apprentice auctioneer	1358
for the same period of time.	1359

No licensed auctioneer shall have under the licensed	1360
auctioneer's sponsorship more than two apprentice auctioneers at	1361
one time. No auctioneer shall sponsor an apprentice auctioneer if	1362
the auctioneer has not been licensed and in good standing for a	1363
period of at least two years immediately before sponsoring the	1364
apprentice auctioneer. A sponsoring auctioneer whose license is	1365
suspended or revoked shall send to the department the apprentice	1366
auctioneer's license not later than fourteen days after the	1367
suspension or revocation. If a sponsoring auctioneer's license is	1368
suspended or revoked, the apprentice auctioneer shall obtain a	1369
written promise of sponsorship from another licensed auctioneer	1370
before performing any acts under the authority of an apprentice	1371
auctioneer's license. The apprentice auctioneer shall send a copy	1372
of the written promise of sponsorship of another auctioneer to the	1373
department. If the department receives a copy of such a written	1374
promise of sponsorship and the apprentice pays the fee established	1375
by the department, the department shall issue a new license to the	1376
apprentice.	1377

An apprentice auctioneer may terminate the apprentice's	1378
sponsorship with an auctioneer by notifying the auctioneer of the	1379
apprentice's intention by certified mail, return receipt	1380
requested, at least ten days prior to the effective date of	1381
termination. At the same time, the apprentice shall deliver or	1382
mail by certified mail to the department of agriculture a copy of	1383
the termination notice. Upon receiving the termination notice, the	1384
sponsoring auctioneer shall promptly deliver or mail by certified	1385
mail to the department the license of the apprentice auctioneer.	1386

The termination of a sponsorship, regardless of who initiates	1387
the termination, shall not be cause for an apprentice auctioneer	1388
to lose credit for any certified sales the apprentice conducted	1389
auctions in which the apprentice participated as a bid caller or	1390
apprenticeship time the apprentice served under the direct	1391
supervision of the former sponsor.	1392

Sec. 4707.091. (A) Prior to the expiration of an auctioneer's	1393
or apprentice auctioneer's license, an auctioneer or apprentice	1394
auctioneer may submit an application to the department of	1395
agriculture, on forms provided by the department, to place the	1396
license on deposit with the department for a period not to exceed	1397
two years. Not later than fourteen days after receipt of an	1398
application under this section, the department shall accept or	1399
deny the application.	1400

(B) If the department accepts the application, an auctioneer	1401
or apprentice auctioneer who has a license on deposit with the	1402
department under this section shall not act as an auctioneer or	1403
apprentice auctioneer while the license is on deposit. In	1404
addition, such an auctioneer shall not be required to pay an	1405
assessment under section 4707.25 of the Revised Code.	1406

(C) An auctioneer or apprentice auctioneer may reacquire a	1407
license on deposit from the department if the auctioneer or	1408
apprentice auctioneer does all of the following prior to	1409
reacquisition:	1410

(1) Submits a written request to the department that contains	1411
the business address and telephone number of the auctioneer or	1412
apprentice auctioneer, as applicable;	1413

(2) Pays a reactivation fee for the license in the following	1414
amount, as applicable:	1415

(a) In the case of an apprentice auctioneer, one hundred	1416
dollars;	1417

(b) In the case of an auctioneer whose license is reacquired	1418
during the first half of the biennium according to the biennial	1419
schedule established in division (B) of section 4707.10 of the	1420
Revised Code, two hundred dollars;	1421

(c) In the case of an auctioneer whose license is reacquired	1422
during the second half of the biennium according to that biennial	1423
schedule, one hundred dollars.	1424

(3) Pays the assessment that is levied under section 4707.25	1425
of the Revised Code for the current year, if applicable;	1426

(4) Provides proof of financial responsibility as required in	1427
section 4707.11 of the Revised Code, if applicable;	1428

(5) Complies with any other requirement established in rules	1429
adopted by the director under section 4707.19 of the Revised Code.	1430

(D) If an auctioneer or apprentice auctioneer, at the time of	1431
placing the auctioneer's or apprentice auctioneer's license on	1432
deposit, as applicable, has not maintained proof of financial	1433
responsibility for the entire period of time required under	1434
section 4707.11 of the Revised Code, the auctioneer or apprentice	1435
auctioneer, beginning at the time of reacquisition, shall maintain	1436
proof of financial responsibility for the remainder of the time	1437
required under that section.	1438

Sec. 4707.10.  (A) For purposes of this section, the	1439
department of agriculture shall adopt rules in accordance with	1440
section 4707.19 of the Revised Code prescribing fees that	1441
licensees must pay and license renewal deadlines and procedures	1442
with which licensees must comply. Until those rules are adopted,	1443
licensees shall pay the fees and comply with the license renewal	1444
deadlines and procedures established in this section.	1445

(B) The fee for each auctioneer's, apprentice auctioneer's,	1446
or special auctioneer'sor auction firm license issued by the	1447
department is one hundred dollars, and the annual renewal fee for	1448
any such license is one hundred dollars. All licenses expire	1449
annually on the last day of June of each year and shall be renewed	1450
according to the standard renewal procedures of Chapter 4745. of	1451
the Revised Code, or the procedures of this section. Any licensee	1452
under this chapter who wishes to renew the licensee's license, but	1453
fails to do so before the first day of July shall reapply for	1454
licensure in the same manner and pursuant to the same requirements	1455
as for initial licensure, unless before the first day of September	1456
of the year of expiration, the former licensee pays to the	1457
department, in addition to the regular renewal fee, a late renewal	1458
penalty of one hundred dollars.	1459

(B)(1) Each person to whom the department issues an	1460
auctioneer's license or special auctioneer's license shall pay a	1461
licensure fee. Those licenses are biennial and expire in	1462
accordance with the schedule established in division (B)(2) of	1463
this section. If such a license is issued during the first year of	1464
a biennium, the licensee shall pay a fee in the amount of two	1465
hundred dollars. If the license is issued during the second year	1466
of a biennium, the licensee shall pay a fee in the amount of one	1467
hundred dollars. With respect to an auctioneer's license, the fees	1468
apply regardless of whether the license is issued to an individual	1469
under section 4707.07 of the Revised Code or to a corporation,	1470
partnership, or association under section 4707.073 of the Revised	1471
Code.	1472

All auctioneer's licenses and special auctioneer's licenses	1473
expire on the last day of June of the biennium. The licenses shall	1474
be renewed in accordance with the standard renewal procedures of	1475
Chapter 4745. of the Revised Code or the procedures in this	1476
section and upon the licensee's payment to the department of a	1477
renewal fee of two hundred dollars. A licensee who wishes to renew	1478
the licensee's license, but who fails to do so before the first	1479
day of July following the license's expiration, shall reapply for	1480
licensure in the same manner and pursuant to the same requirements	1481
as for the initial licensure unless before the first day of	1482
September following the expiration, the former licensee pays to	1483
the department, in addition to the regular renewal fee, a late	1484
renewal penalty of one hundred dollars.	1485

(2) The biennial expiration of an auctioneer's license or	1486
special auctioneer's license shall occur in accordance with the	1487
following schedule:	1488

(a) The license shall expire in odd-numbered years if the	1489
business name or last name, as applicable, of the licensee begins	1490
with the letters "A" through "J" or with the letters "X" through	1491
"Z."	1492

(b) The license shall expire in even-numbered years if the	1493
business name or last name, as applicable, of the licensee begins	1494
with the letters "K" through "W."	1495

(C) Any person who fails to renew the person's license before	1496
the first day of July is prohibited from engaging in any activity	1497
specified or comprehended in section 4707.01 of the Revised Code	1498
until such time as the person's license is renewed or a new	1499
license is issued. Renewal of a license between the first day of	1500
July and the first day of September does not relieve any person	1501
from complying with this division. The department may refuse to	1502
renew the license of or issue a new license to any person who	1503
violates this division.	1504

(D) The department shall prepare and deliver to each licensee	1505
a permanent license certificate and an identification card, the	1506
appropriate portion of which shall be carried on the person of the	1507
licensee at all times when engaged in any type of auction	1508
activity, and part of which shall be posted with the permanent	1509
certificate in a conspicuous location at the licensee's place of	1510
business.	1511

(E) Notice in writing shall be given to the department by	1512
each auctioneer or apprentice auctioneer licensee of any change of	1513
principal business location or any change or addition to the name	1514
or names under which business is conducted, whereupon the	1515
department shall issue a new license for the unexpired period. Any	1516
change of business location or change or addition of names without	1517
notification to the department shall automatically cancel any	1518
license previously issued. For each new auctioneer or apprentice	1519
auctioneer license issued upon the occasion of a change in	1520
business location or a change in or an addition of names under	1521
which business is conducted, the department may collect a fee of	1522
ten dollars for each change in location, or name or each added	1523
name unless the notification of the change occurs concurrently	1524
with the renewal application or unless otherwise provided in	1525
section 4707.07 of the Revised Code.	1526

Sec. 4707.11. (A) Except as provided in division (B) of this	1527
section, each application for a license issued under this chapter	1528
shall be accompanied by proof of financial responsibility in the	1529
form of either an irrevocable letter of credit or a cash bond or a	1530
surety bond in the amount of twenty-five thousand dollars. If the	1531
applicant gives a surety bond, the bond shall be executed by a	1532
surety company authorized to do business in this state.	1533

A bond shall be made payable to the department of agriculture	1534
and shall be conditionedinclude a condition that requires the	1535
applicant shallto comply with this chapter and rules adopted	1536
under it, including refraininga requirement that the person	1537
refrain from conduct described in section 4707.15 of the Revised	1538
Code. All bonds shall be on a form approved by the director of	1539
agriculture.	1540

A licensee shall maintain proof of financial responsibility	1541
for three years following the date of initial licensure. After the	1542
three-year period, a licensee who has not engaged in conduct	1543
described in section 4707.15 of the Revised Code and has not	1544
otherwise violated this chapter or rules adopted under it during	1545
that period shall no longer be required to maintain proof of	1546
financial responsibility except as otherwise provided in this	1547
section.	1548

A licensee whose license expires without being renewed under	1549
section 4707.10 of the Revised Code or is suspended under section	1550
4707.30 of the Revised Code shall give proof of financial	1551
responsibility in accordance with this section in order to obtain	1552
reinstatement or reactivation of the license.	1553

(B) Division (A) of this section does not apply to eitherany	1554
of the following:	1555

(1) A licensee whose license was issued prior to July 1,	1556
2003, provided that the license continues to be renewed under	1557
section 4707.10 of the Revised Code and is not suspended under	1558
section 4707.15 or 4707.30 of the Revised Code;	1559

(2) An apprentice auctioneer licensee whose license was	1560
issued under section 4707.09 of the Revised Code prior to July 1,	1561
2003, and who applies for an auctioneer's license under section	1562
4707.07 of the Revised Code on or after July 1, 2003, provided	1563
that the apprentice auctioneer's license is not suspended under	1564
section 4707.15 or 4707.30 of the Revised Code, and, if necessary,	1565
continues to be renewed under section 4707.10 of the Revised Code,	1566
prior to the issuance of the auctioneer's license to the	1567
applicant;	1568

(3) An auction firm license that is issued under section	1569
4707.074 of the Revised Code.	1570

Sec. 4707.111.  The state, through the department of	1571
agriculture and in accordance with this chapter, shall solely	1572
regulate auctioneers, auction firms, and the conduct of auction	1573
sales.	1574

By enactment of this chapter, it is the intent of the general	1575
assembly to preempt municipal corporations and other political	1576
subdivisions from the regulation and licensing of auctioneers,	1577
auction firms, and auction sales.	1578

At least twenty-four hours prior to an auction, the person	1579
licensed under this chapter to conduct the auction shall notify,	1580
via telephone, mail, or personal delivery, the chief of police of	1581
the municipal corporation in which the auction site is located,	1582
or, if the site is in the unincorporated area of a county, the	1583
county sheriff as to the location and time of the auction and give	1584
to that officer a general description of the items offered for	1585
sale. A licensee who conducts regular auction sales on a fixed day	1586
at the same location is required to provide such notice to the	1587
chief of police or county sheriff only once. However, the licensee	1588
shall notify the chief of police or county sheriff if the auctions	1589
subsequently are discontinued or are conducted on a different day	1590
or at a different location.	1591

Sec. 4707.12.  A nonresident may operate as an auctioneer,	1592
apprentice auctioneer, or special auctioneer within the state by	1593
conforming to this chapter.	1594

The department of agriculture may, within its discretion,	1595
waive the testing and schooling requirements for a nonresident,	1596
provided that the nonresident holds a valid auctioneer or	1597
apprentice auctioneer license issued by a state with which the	1598
department has entered into a reciprocal licensing agreement.	1599
Nonresidents wishing to so operate in this state shall make	1600
application in writing to the department and furnish the	1601
department with proof of their ability to conduct an auction,	1602
proof of license and bond if they reside in a state with these	1603
requirementsfinancial responsibility, as well as other	1604
information whichthat the department may request. If a state with	1605
which the department has entered into a reciprocal licensing	1606
agreement does not require an apprenticeship, the applicant shall	1607
provide proof of license for a period of at least one year prior	1608
to receipt of the application.	1609

This section does not apply to nonresident auctioneers who	1610
reside in states under the laws of which similar recognition and	1611
courtesies aredo not extended to licensed auctioneers of this	1612
have a license from a state with which the department has entered	1613
into a reciprocal licensing agreement.	1614

Sec. 4707.14.  (A) Each person licensed under sections	1615
4707.07 to 4707.22 of the Revised Codethis chapter shall have a	1616
definite place of business in this state.	1617

(B) Except as provided in division (C) of this section, if	1618
the licensee is a nonresident, it is not necessary for himthe	1619
licensee to maintain an active place of business within this state	1620
if hethe licensee maintains such a place of business in the state	1621
where hethe licensee is a resident.	1622

(C) A nonresident former auction company licensee who is	1623
licensed as a special auctioneer under section 4707.071 of the	1624
Revised Code shall have a definite place of business within the	1625
state and shall not conduct auctions anywhere else in the state	1626
other than histhe licensee's place of business.	1627

Sec. 4707.15.  The department of agriculture may deny, refuse	1628
to renew, suspend, or revoke the license of any auction firm,	1629
auctioneer, apprentice auctioneer, or special auctioneer for any	1630
of the following causes:	1631

(A) Obtaining a license through false or fraudulent	1632
representation;	1633

(B) Making any substantial misrepresentation in an	1634
application for an auctioneer's, apprentice auctioneer's, or	1635
special auctioneer'sa license;	1636

(C) A continued course of misrepresentation or for making	1637
false promises through agents, advertising, or otherwise;	1638

(D) Specifying that an auction is a reserve auction, absolute	1639
auction, or estate auction, but not conducting the auction as	1640
specified;	1641

(E) Failing to account for or remit, within a reasonable	1642
time, any money or property belonging to others that comes into	1643
the licensee's possession, and for commingling funds of others	1644
with the licensee's own, or failing to keep such funds of others	1645
in an escrow or trusteetrust account, except that in the case of	1646
a transaction involving real estate, such funds shall be	1647
maintained in accordance with division (A)(26) of section 4735.18	1648
of the Revised Code;	1649

(E)(F) Paying valuable consideration to any person who has	1650
violated this chapter;	1651

(F)(G) Conviction in a court of competent jurisdiction of	1652
this state or any other state of a criminal offense involving	1653
fraud, forgery, embezzlement, false pretenses, extortion,	1654
conspiracy to defraud, or another similar offense or a felony;	1655

(G)(H) Violation of this chapter or rules adopted under it;

1656

(H)(I) Failure to furnish voluntarily at the time of	1657
execution, copies of all written instruments prepared by the	1658
auctioneer or auction firm;	1659

(I)(J) Any conduct of an auctioneer whicha person that is	1660
licensed under this chapter that demonstrates bad faith,	1661
dishonesty, incompetency, or untruthfulness;	1662

(J)(K) Any other conduct that constitutes improper,	1663
fraudulent, or dishonest dealings;	1664

(K)(L) Failing prior to the sale at public auction to enter	1665
into a written contract with the owner or consignee of any	1666
property to be sold, containing the terms and conditions upon	1667
which suchthe licensee received the property for saleauction;	1668

(L)(M) The use of any power of attorney to circumvent this	1669
chapter;	1670

(M)(N) Failure to display the sign required under section	1671
4707.22 of the Revised Code and a notice conspicuously at the	1672
clerk's desk or on a bid card that clearly states the terms and	1673
conditions of the sale, the name of the auctioneer or special	1674
auctioneer conducting the sale, and that the auctioneer or special	1675
auctioneer is licensed by the department of agriculture and has	1676
filed a bondauction;	1677

(N)(O) Failure to notify the department of any conviction of	1678
a felony or crime involving fraud within fifteen days of	1679
conviction;	1680

(O) Acting in the capacity of an auctioneer, whether for	1681
valuable consideration or not, for any special auctioneer that is	1682
not licensed under this chapter(P) Aiding an unlicensed person in	1683
the performance of services or acts that require a license under	1684
this chapter;	1685

(Q) The suspension or revocation of a license to engage in	1686
auctioneering or other disciplinary action by the licensing	1687
authority of another state;	1688

(R) The refusal or disapproval by the licensing authority of	1689
another state of an application for a license to engage in	1690
auctioneering;	1691

(S) Failure of a licensee to notify the department of	1692
agriculture within fifteen days of a disciplinary action against	1693
the licensee by another state's applicable governing authority;	1694

(T) Engaging in auctioneering or providing auction services	1695
without a license or during the suspension of a license;	1696

(U) Attempting to cheat or cheating on an auctioneer	1697
examination or aiding another to cheat on an examination.	1698

Sec. 4707.151.  (A) No person shall engage in bid rigging.

1699

(B) As used in this section, "bid rigging" means a conspiracy	1700
between auctioneers, apprentice auctioneers, special auctioneers,	1701
any participants in an auction, or any other persons who agree not	1702
to bid against each other at an auction or who otherwise conspire	1703
to decrease or increase the number or amounts of bids offered at	1704
auction.	1705

Sec. 4707.16.  (A) The department of agriculture may, upon	1706
its own motion, and shall, upon the verified written complaint of	1707
any person, investigate the actions of any auction firm,	1708
auctioneer, apprentice auctioneer, or special auctioneer, any	1709
applicant for an auction firm's, auctioneer's, apprentice	1710
auctioneer's, or special auctioneer's license, or any person who	1711
assumes to act in that capacity, if the complaint, together with	1712
other evidence presented in connection with it, makes out a	1713
prima-facie case.	1714

If the department determines that any such applicant is not	1715
entitled to receive a license, a license shall not be granted to	1716
suchthe applicant, and if the department determines that any	1717
licensee is guilty of a violation of section 4707.14 or 4707.15 of	1718
the Revised Code, the department may suspend or revoke the	1719
license. Any auction firm, auctioneer, apprentice auctioneer, or	1720
special auctioneer who has had the auction firm's, auctioneer's,	1721
apprentice auctioneer's, or special auctioneer's license revoked	1722
shall not be issued another such license for a period of two years	1723
from the date of revocation.	1724

(B) The department may investigate complaints concerning the	1725
violation of sections 4707.02 and 4707.15 of the Revised Code and	1726
may subpoena witnesses in connection with such investigations as	1727
provided in this section. The department may make application to	1728
the court of common pleas for an order enjoining the violation of	1729
sections 4707.02 and 4707.15 of the Revised Code, and upon a	1730
showing by the department that any licensed auction firm,	1731
auctioneer, apprentice auctioneer, or special auctioneer has	1732
violated or is about to violate section 4707.15 of the Revised	1733
Code, or any person has violated or is about to violate section	1734
4707.02 of the Revised Code, an injunction, restraining order, or	1735
other order as may be appropriate shall be granted by the court.	1736

(C) The department may compel by subpoena the attendance of	1737
witnesses to testify in relation to any matter over which it has	1738
jurisdiction and whichthat is the subject of inquiry and	1739
investigation by it, and require the production of any book,	1740
paper, or document pertaining to suchthat matter. In case any	1741
person fails to file any statement or report, obey any subpoena,	1742
give testimony, or produce any books, records, or papers as	1743
required by such a subpoena, the court of common pleas of any	1744
county in the state, upon application made to it by the	1745
department, shall compel obedience by attachment proceedings for	1746
contempt, as in the case of disobedience of the requirements of a	1747
subpoena issued from suchthat court, or a refusal to testify	1748
therein.	1749

(D) When the department determines that a person not licensed	1750
under this chapter is engaged in or is believed to be engaged in	1751
activities for which a license is required under this chapter, the	1752
department may issue an order to that person requiring the person	1753
to show cause as to why the person should not be subject to	1754
licensing under this chapter. If the department, after a hearing,	1755
determines that the activities in which the person is engaged are	1756
subject to licensing under this chapter, the department may issue	1757
a cease-and-desist order whichthat shall describe the person and	1758
activities whichthat are subject to the order. A cease-and-desist	1759
order issued under this section shall be enforceable in and may be	1760
appealed to the common pleas courts of this state under Chapter	1761
119. of the Revised Code.	1762

(E) In addition to the remedies provided under this section	1763
and irrespective of whether an adequate remedy at law exists, the	1764
department may apply to a court of common pleas for a temporary or	1765
permanent injunction or other appropriate relief for continued	1766
violations of this chapter. For purposes of this division, the	1767
court of common pleas shall be the court of common pleas of	1768
Licking county or the court of common pleas of the county where	1769
the violation occurs.	1770

(F) For purposes of this section, investigative costs	1771
incurred by the department are recoverable either by the issuance	1772
of an administrative order of the department or by an order of a	1773
court of competent jurisdiction.	1774

Sec. 4707.171.  There is hereby created in the state treasury	1775
the auction education fund. Seven dollars and fifty cents of each	1776
fee collected for an initial or renewed auctioneer'sauction	1777
firm's or apprentice auctioneer's license shall be credited to the	1778
auction education fund. In addition, seven dollars and fifty cents	1779
out of each one hundred dollars that is collected as a fee for an	1780
initial or renewed auctioneer's license or for a renewed special	1781
auctioneer's license shall be credited to the fund. All interest	1782
earned on moneys deposited in the state treasury to the credit of	1783
the auction education fund shall be credited to the fund.	1784

The Ohiostate auctioneers commission shall use any moneys	1785
from the auction education fund to advance and underwrite	1786
education and research in the auction field for the benefit of	1787
those licensed under this chapter and the auctioneering public and	1788
to cooperate with associations of auctioneers and other groups for	1789
the education of auctioneers and the advancement of the auction	1790
profession in this state.	1791

Sec. 4707.18.  No person engaged in the business of, or	1792
acting in the capacity of, an auction firm, auctioneer, or special	1793
auctioneer shall bring or maintain any action in the courts of	1794
this state for the collection of compensation for any services	1795
performed as an auction firm or auctioneer without first alleging	1796
and proving that the person was a duly licensed auction firm,	1797
auctioneer, or special auctioneer at the time the alleged cause of	1798
action arose.	1799

Sec. 4707.19. (A) The director of agriculture may adopt	1800
reasonable rules necessary for the implementation of this chapter	1801
in accordance with Chapter 119. of the Revised Code. In addition,	1802
the director shall adopt rules in accordance with Chapter 119. of	1803
the Revised Code that establish the portion of license fees	1804
collected under this chapter that are to be deposited into the	1805
auction recovery fund under section 4707.25 of the Revised Code.	1806
The	1807

No person shall fail to comply with a rule adopted under this	1808
chapter.	1809

(B) The director shall adopt rules that establish a schedule	1810
of civil penalties for violations of this chapter, rules adopted	1811
under it, or orders issued under it. The rules shall provide that	1812
the civil penalty for the first violation of this chapter, rule,	1813
or order shall not exceed five thousand dollars and the civil	1814
penalty for each subsequent offense shall not exceed ten thousand	1815
dollars. In addition, the director, in establishing the schedule	1816
of civil penalties in the rules, shall consider past violations of	1817
this chapter and rules adopted under it, the severity of a	1818
violation, and the amount of actual or potential damage to the	1819
public or the auction profession.	1820

(C) The department of agriculture may hear testimony in	1821
matters relating to the duties imposed on it, and any person	1822
authorized by the director may administer oaths. The department	1823
may require other proof of the honesty, truthfulness, and good	1824
reputation of any person named in the application for an auction	1825
firm's, auctioneer's, apprentice auctioneer's, or special	1826
auctioneer's license before admitting the applicant to an	1827
examination or issuing a license.	1828

Sec. 4707.20.  (A) No person shall act as an auction firm,	1829
auctioneer, or special auctioneer on a sale at auction until the	1830
person has first entered into a written contract or agreement in	1831
duplicate with the owner or consignee of any property to be sold,	1832
containing the terms and conditions upon which the licensee	1833
receives or accepts the property for sale at auction. The	1834
contracts or agreements shall, for a period of two years, be kept	1835
on file in the office of every person so licensed. No apprentice	1836
auctioneer shall be authorized to enter into such a contract or	1837
agreement without the written consent of the apprentice	1838
auctioneer's sponsoring auctioneer, and all contracts or	1839
agreements shall be made in the name of and on behalf of the	1840
sponsoring auctioneer. In addition, an apprentice auctioneer shall	1841
not enter into an auction contract for the sale of real property	1842
in the name of the sponsoring auctioneer regardless of whether the	1843
apprentice auctioneer is licensed as a real estate broker or	1844
salesperson.	1845

(B) On all contracts or agreements between an auction firm,	1846
auctioneer, or special auctioneer and the owner or consignee,	1847
there shall appear a prominent statement indicating that the	1848
auction firm, auctioneer, or special auctioneer is licensed by the	1849
department of agriculture, and either that the licensee is bonded	1850
in favor of the state or that an aggrieved person may initiate a	1851
claim against the auction recovery fund created in section 4707.25	1852
of the Revised Code as a result of the licensee's actions,	1853
whichever is applicable.	1854

(C) The auction firm, auctioneer, or special auctioneer who	1855
contracts with the owner is liable for the settlement of all money	1856
received, including the payment of all expenses incurred only by	1857
the licensee and the distribution of all funds, in connection with	1858
an auction.	1859

(D) For purposes of this section, a contract or agreement	1860
shall specify all of the following:	1861

(1) The owner of the property to be sold or the owner's agent	1862
or the consignee;	1863

(2) The date of the auction or a termination date of the	1864
contract or agreement;	1865

(3) The location of the auction;

1866

(4) The terms and conditions of the auction;

1867

(5) All of the fees to be charged by the auctioneer or the	1868
auction firm, which shall include commissions, rentals,	1869
advertising, and labor;	1870

(6) An explanation of the settlement of the auction that	1871
includes the disbursement of interest money, if applicable;	1872

(7) A statement establishing the responsibility for bad	1873
checks, debts, and unpaid auction items;	1874

(8) A statement indicating whether the auction is a reserve	1875
auction or an absolute auction. In addition, the statement shall	1876
include the definition of reserve auction or absolute auction from	1877
section 4707.01 of the Revised Code, as applicable.	1878

(9) A statement of the auctioneer's or auction firm's policy	1879
regarding absentee bidding;	1880

(10) A brief description of the real or personal property to	1881
be sold;	1882

(11) If the sale is of real or personal property at absolute	1883
auction, a statement affirming that the seller of the real or	1884
personal property has a bona fide intention to transfer ownership	1885
of the property to the highest bidder.	1886

Sec. 4707.21.  No auction firm, auctioneer, apprentice	1887
auctioneer, or special auctioneer shall willfully neglect or	1888
refuse to furnish the department of agriculture statistics or	1889
other information in the auction firm's, auctioneer's, apprentice	1890
auctioneer's, or special auctioneer's possession or under the	1891
auction firm's, auctioneer's, apprentice auctioneer's, or special	1892
auctioneer's control, whichthat the auction firm, auctioneer,	1893
apprentice auctioneer, or special auctioneer is authorized to	1894
collect; nor shall the auction firm, auctioneer, apprentice	1895
auctioneer, or special auctioneer neglect or refuse, for more than	1896
thirty days, to answer questions submitted on circulars; nor shall	1897
the auction firm, auctioneer, apprentice auctioneer, or special	1898
auctioneer knowingly answer any such questions falsely; nor shall	1899
the auction firm, auctioneer, apprentice auctioneer, or special	1900
auctioneer refuse to obey subpoenas and give testimony. Licensees	1901
shall keep records relative to any auction sale for at least two	1902
years from the date of saleauction. These records shall include	1903
settlement sheets, written contracts, and copies of any	1904
advertising that lists the items for saleauction, as applicable.	1905

Sec. 4707.22. (A) Any auctioneer, apprentice auctioneer, or	1906
special auctioneerperson licensed under this chapter who	1907
advertises, by linear advertisements or otherwise, to hold or	1908
conduct an auction shall indicate in suchthe advertisement his	1909
the licensee's name or the name registered with the department of	1910
agriculture and that hethe licensee is an auctioneer or	1911
apprentice auctioneer. Any apprentice auctioneer who advertises,	1912
as provided in this section, must also shall indicate in histhe	1913
apprentice's advertisement the name of the auctioneer under whom	1914
hethe apprentice is licensed. The name of the auctioneer shall be	1915
displayed in equal prominence with the name of the apprentice	1916
auctioneer in suchthe advertisement. Any such licensee who	1917
advertises in a manner other than as provided in this section is	1918
guilty of violating division (C) of section 4707.15 of the Revised	1919
Code.	1920

(B) An auction firm licensed under this chapter that	1921
advertises, by linear advertisements or otherwise, to solicit or	1922
receive consignments or to provide auction services shall indicate	1923
in the advertisement the name of the auction firm. In addition, an	1924
advertisement of an auction of consignments or an advertisement by	1925
an auction firm of an auction for which the auction firm will	1926
provide auction services shall comply with divisions (A) and (D)	1927
of this section.	1928

(C) If an auction to be advertised is an absolute auction,	1929
all advertisements for the auction shall unequivocally state that	1930
the auction is an absolute auction.	1931

(D) If an advertisement for an auction contains the words	1932
"estate auction," or words to that effect, the person licensed	1933
under this chapter who advertises shall do both of the following:	1934

(1) Enter into an agreement directly with the executor,	1935
administrator, or court appointed designee of the estate property;	1936

(2) List prominently in the advertisement the county in which	1937
the estate is located and the probate court case number of the	1938
estate.	1939

(E) All persons licensed under this chapter that conduct or	1940
are involved in an auction jointly are responsible for the posting	1941
of a sign at the auction. The sign shall contain all of the	1942
following:	1943

(1) The name of all licensed persons involved in the auction;

1944

(2) A statement that the persons are licensed by the	1945
department of agriculture;	1946

(3) The address of the department of agriculture.

1947

The sign shall be posted at the main entrance of the auction,	1948
at the place of registration for the auction, or by the cashier	1949
for the auction. The sign shall be of a size not smaller than	1950
eight and one-half inches by eleven inches. The letters and	1951
numbers on the sign shall be of adequate size to be readily seen	1952
by an individual with normal vision when viewing it.	1953

(F) An advertisement for the sale of real property at auction	1954
shall contain the name of the licensed auctioneer who is entering	1955
into the auction contract and the name of the real estate broker	1956
licensed under Chapter 4735. of the Revised Code who is involved	1957
in the sale. Compliance with this section shall not require a real	1958
estate broker licensed under Chapter 4735. of the Revised Code to	1959
obtain a license under section 4707.073 of the Revised Code.	1960

Sec. 4707.26. (A)(1) A person who asserts that they havethe	1961
person has been aggrieved by the actions of a person licensed	1962
under this chapter that resulted in actual and direct losses to	1963
the aggrieved person may initiate a claim against the auction	1964
recovery fund either under this section or section 4707.261 of the	1965
Revised Code. If an aggrieved person who wishes to seek recovery	1966
from the auction recovery fund has obtained a final judgment in a	1967
court of competent jurisdiction against the licensee, the	1968
aggrieved person shall initiate the claim in accordance with	1969
section 4707.261 of the Revised Code. If an aggrieved person who	1970
wishes to seek recovery from the auction recovery fund has not	1971
obtained a final judgment in a court of competent jurisdiction	1972
against the licensee, the aggrieved person shall initiate the	1973
claim in accordance with this section.	1974

(2) An aggrieved person may initiate a claim against the	1975
auction recovery fund under this section if bothall of the	1976
following apply:	1977

(a) The loss was associated with an act or transaction that	1978
only a person licensed under this chapter lawfully may perform.	1979

(b) The licensee's actions are described in section 4707.15	1980
of the Revised Code or otherwise violate this chapter or rules	1981
adopted under it.	1982

(c) The licensee is not an auction firm.

1983

To initiate a claim against the fund, an aggrieved person	1984
shall file a verified complaint with the department of agriculture	1985
in accordance with section 4707.16 of the Revised Code. The	1986
verified complaint shall include an application to the department	1987
that requests recovery of the applicant's actual and direct losses	1988
and that is made on forms that the department provides. The	1989
application for recovery shall specify the nature of the act or	1990
transaction on which the applicant's claim is based, the actual	1991
and direct losses sustained by the applicant, and any activities	1992
that the applicant has pursued as a remedy for the losses.	1993

(B) Upon receipt of a verified compliantcomplaint and	1994
application, the department shall conduct an investigation in	1995
accordance with section 4707.16 of the Revised Code. After the	1996
investigation, if the department determines that the licensee has	1997
engaged in conduct described in section 4707.15 of the Revised	1998
Code or otherwise has violated this chapter or rules adopted under	1999
it, the department shall propose to take action to suspend or	2000
revoke the licensee's license under section 4707.15 of the Revised	2001
Code or to initiate a criminal action against the licensee under	2002
section 4707.99 of the Revised Code, or both. The department shall	2003
issue a letter to the applicant indicating the department's	2004
proposed action and the date of any hearing that the department	2005
has scheduled regarding the matter.	2006

(C) Upon exhaustion of administrative remedies or criminal	2007
proceedings that results in a finding that the licensee has	2008
engaged in conduct described in section 4707.15 of the Revised	2009
Code or otherwise has violated this chapter or rules adopted under	2010
it, the department shall issue a notice in accordance with Chapter	2011
119. of the Revised Code via certified mail to the applicant	2012
indicating that the applicant may request a hearing for relief	2013
from the auction recovery fund. An applicant who seeks recovery	2014
from the fund of any actual and direct losses suffered as a result	2015
of a licensee's conduct shall submit, not later than thirty days	2016
following receipt of the notice, a request for a hearing to the	2017
department.	2018

Upon the timely receipt of a request for a hearing, the	2019
department shall provide the applicant with the opportunity to	2020
appear at an adjudication hearing to offer proof and evidence of	2021
the actual and direct losses. Whenever possible, the department	2022
shall require all applicants whose claims to the fund arose from	2023
an underlying transaction involving the same licensee to be joined	2024
in one adjudication under this section so that the rights of all	2025
applicants may be equitably adjudicated and settled. On behalf of	2026
the fund, the department may defend claims against the fund and	2027
shall have recourse to all appropriate means of defense and	2028
review, including examination of witnesses, and verification of	2029
actual losses.	2030

(D) Upon the conclusion of the adjudication hearing, the	2031
hearing officer shall issue a report and recommendation in favor	2032
of making payment to an applicant from the fund if, during the	2033
course of the adjudication hearing, all of the following have been	2034
shown:	2035

(1) The licensee has engaged in conduct described in section	2036
4707.15 of the Revised Code or otherwise has violated this chapter	2037
or rules adopted under it.	2038

(2) The licensee's conduct or violation is associated with an	2039
act that only a person licensed under this chapter lawfully may	2040
perform and the act resulted in direct and actual losses to the	2041
applicant.	2042

(3) The applicant filed a verified complaint and application	2043
with the department as required by this section.	2044

(4) The applicant is not the spouse of the licensee nor the	2045
personal representative of the licensee's spouse.	2046

(5) If the licensee either provided an irrevocable letter of	2047
credit or gave bond in accordance with section 4707.11 of the	2048
Revised Code, the applicant first sought recovery under the	2049
irrevocable letter of credit or bond before applying for payment	2050
from the fund.	2051

The amount of any payment from the fund to the applicant	2052
shall consist of an amount that is equal to the portion of the	2053
actual and direct losses incurred by the applicant that remain	2054
unpaid. The amount of the payment is subject to the dollar	2055
limitation established in section 4707.29 of the Revised Code.	2056

If the hearing officer determines that not all of the items	2057
described in divisions (D)(1) to (5) of this section have been	2058
shown during the course of the adjudication hearing, the hearing	2059
officer shall issue a report and recommendation against making	2060
payment from the fund to the applicant.	2061

(E) Pursuant to section 119.09 of the Revised Code, a hearing	2062
officer or the hearing officer's representative shall forward by	2063
certified mail a copy of the hearing officer's written report and	2064
recommendation to the applicant or the applicant's attorney or	2065
other representative not later than five days after the date on	2066
which the report and recommendation are filed.	2067

Not later than ten days after receiving such a copy, the	2068
applicant may file with the department written objections to the	2069
report and recommendation. The department may grant extensions of	2070
time to the applicant within which to file objections.	2071

The objections shall be considered by the department before	2072
it approves, modifies, or disapproves the recommendation. The	2073
department may order additional testimony to be taken or permit	2074
the introduction of further documentary evidence.	2075

The recommendation of the hearing officer may be approved,	2076
modified, or disapproved by order of the director of agriculture.	2077
The order shall not be issued until more than ten days have	2078
elapsed following the applicant's receipt of the report and	2079
recommendation as provided by this section. The director's	2080
approval, modification, or disapproval of the hearing officer's	2081
recommendation shall have the same effect as if the hearing had	2082
been conducted by the director.	2083

No recommendation shall be final until approved, modified, or	2084
disapproved by the director as indicated by the order entered on	2085
the record of proceedings of the department. If the director	2086
modifies or disapproves the recommendations of the hearing	2087
officer, the director shall include in the record of the	2088
proceedings the reasons for the modification or disapproval.	2089

After an order is entered on its journal, the department	2090
shall make payment, if applicable, to the applicant from the	2091
auction recovery fund in accordance with the order and shall	2092
provide to the applicant by certified mail, return receipt	2093
requested, a copy of the order and a statement of the time and	2094
method by which an appeal may be perfected. In addition, the	2095
department shall mail a copy of the order to the attorney or other	2096
representative of the applicant.	2097

(F) An order of the director issued under this section	2098
constitutes a final determination of the director for purposes of	2099
appeal. An applicant who is denied compensation from the auction	2100
recovery fund or who receives an award less than the award	2101
requested may appeal the order of the director. Notices of appeal	2102
shall be filed in the manner provided in section 119.12 of the	2103
Revised Code.	2104

Sec. 4707.32. (A) A person who asserts that the person has	2105
been aggrieved solely by the actions of an auction firm that	2106
resulted in actual and direct losses to the aggrieved person may	2107
seek recovery under the auction firm's financial responsibility	2108
that is required under section 4707.074 of the Revised Code. The	2109
director of agriculture shall adopt rules under section 4707.19 of	2110
the Revised Code that do all of the following:	2111

(1) Establish procedures for filing a claim against an	2112
auction firm's financial responsibility;	2113

(2) Establish procedures that provide for the equitable	2114
disbursement of money for multiple claims against the auction firm	2115
that resulted from the same circumstances;	2116

(3) Establish procedures for providing notice to the	2117
department of agriculture from a person seeking recovery under	2118
this division;	2119

(4) Limit an aggrieved person's recovery to the actual and	2120
direct losses caused by the auction firm.	2121

(B) A person who asserts that the person has been aggrieved	2122
by the actions of both an auction firm and a licensed auctioneer	2123
related to an auction that resulted in actual and direct losses to	2124
the aggrieved person may file a cause of action with a court of	2125
competent jurisdiction claiming that a violation of this chapter	2126
or rules adopted under it resulted in the actual and direct	2127
losses. The court shall determine if there was a violation of this	2128
chapter or rules adopted under it that resulted in those losses.	2129
If the court determines that the auction firm, the licensed	2130
auctioneer, or both violated this chapter or rules adopted under	2131
it and that the violation resulted in the aggrieved person's	2132
actual and direct losses, the court shall determine the percentage	2133
of culpability, in relation to one hundred per cent, that is	2134
attributable to each party to the action from whom the complainant	2135
seeks recovery.	2136

If the court finds that the percentage of culpability that is	2137
attributable to the licensed auctioneer is greater than zero, the	2138
aggrieved person may initiate a claim against the auction recovery	2139
fund in accordance with sections 4707.26 to 4707.31 of the Revised	2140
Code to recover that percentage of the actual and direct losses	2141
sustained by the person. If the court finds that the percentage of	2142
culpability that is attributable to the auction firm is greater	2143
than zero, the aggrieved person may recover that percentage of the	2144
actual and direct losses sustained by the person under the auction	2145
firm's financial responsibility that is required under section	2146
4707.074 of the Revised Code.	2147

The total aggregate amount that is paid to the aggrieved	2148
person from the auction recovery fund and the auction firm's	2149
financial responsibility shall not exceed the actual and direct	2150
losses sustained by the person. In addition, the total aggregate	2151
amount that is paid from the auction recovery fund shall not	2152
exceed the dollar limitations established in section 4707.29 of	2153
the Revised Code, and the total aggregate amount that is paid from	2154
the auction firm's financial responsibility shall not exceed the	2155
dollar limitations established in section 4707.074 of the Revised	2156
Code.	2157

(C) If a person files a cause of action under division (B) of	2158
this section, the person immediately shall send written notice to	2159
the department of agriculture.	2160

Sec. 4707.99.  (A) Whoever acts as an auctioneer, apprentice	2161
auctioneer, or special auctioneer as defined inviolates section	2162
4707.014707.02 of the Revised Code, without first obtaining a	2163
license, upon conviction thereof, shall be fined not less than one	2164
hundred nor more than one thousand dollars, or imprisoned not more	2165
than ninety days, or bothis guilty of a misdemeanor of the first	2166
degree on the first offense and a felony of the fifth degree on	2167
each subsequent offense.	2168

(B) Whoever violates this chapter or any rule promulgated	2169
adopted by the department of agriculture in the administration of	2170
this chapter, for the violation of which no penalty is provided,	2171
shall be fined not less than fifty nor more than two hundred	2172
dollarsis guilty of a misdemeanor of the first degree.	2173

(C) Whoever violates section 4707.151 of the Revised Code	2174
shall be fined not more than fifty thousand dollars, or imprisoned	2175
not more than one year, or bothis guilty of a felony of the fifth	2176
degree on the first offense and a felony of the fourth degree on	2177
each subsequent offense.	2178

(D) Notwithstanding section 1901.31, 1907.20, or 2335.37 of	2179
the Revised Code, the clerk of the court shall transmit to the	2180
treasurer of state for deposit into the state treasury to the	2181
credit of the auction education fund created in section 4707.171	2182
of the Revised Code fifty per cent of any fine imposed under this	2183
section.	2184

Section 2. That existing sections 505.94, 2925.01, 4517.02,	2185
4707.01, 4707.02, 4707.021, 4707.03, 4707.04, 4707.05, 4707.06,	2186
4707.07, 4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11,	2187
4707.111, 4707.12, 4707.14, 4707.15, 4707.151, 4707.16, 4707.171,	2188
4707.18, 4707.19, 4707.20, 4707.21, 4707.22, 4707.26, and 4707.99	2189
of the Revised Code are hereby repealed.	2190

Section 3. To facilitate implementation of the schedule for	2191
the biennial expiration of auctioneer's licenses and special	2192
auctioneer's licenses that is established in division (B)(2) of	2193
section 4707.10 of the Revised Code, as amended by this act, both	2194
of the following apply with respect to such licenses that are	2195
issued during the time period beginning July 1, 2005, and ending	2196
June 30, 2006:	2197

(A) Upon payment of a licensure fee in the amount of two	2198
hundred dollars, an applicant for an initial license or license	2199
renewal whose last name or business name, as applicable, begins	2200
with the letters "A" through "J" or with the letters "X" through	2201
"Z" shall be issued a license that expires on June 30, 2007.	2202

(B) Upon payment of a licensure fee in the amount of one	2203
hundred dollars, an applicant for an initial license or license	2204
renewal whose last name or business name, as applicable, begins	2205
with the letters "K" through "W" shall be issued a license that	2206
expires on June 30, 2006.	2207

The provisions concerning license renewal that are	2208
established in section 4707.10 of the Revised Code, as amended by	2209
this act, apply to all licenses that expire after the effective	2210
date of this act.	2211