SENATOR Mumper

To amend sections 505.94, 2925.01, 4707.01, 4707.02,

1

4707.021, 4707.03, 4707.04, 4707.05, 4707.06,

2

4707.07, 4707.071, 4707.072, 4707.08, 4707.09,

3

4707.10, 4707.11, 4707.111, 4707.12, 4707.14,

4

4707.15, 4707.151, 4707.16, 4707.171, 4707.18 to

5

4707.22, 4707.26, and 4707.99 and to enact

6

sections 4707.022, 4707.023, 4707.024, 4707.073,

7

4707.074, 4707.091, and 4707.32 of the Revised

8

Code to revise the Auctioneers Law.

9

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

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

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

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

(B) As used in this section:

40

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

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

Sec. 2925.01.  As used in this chapter:

56

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

138

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

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

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

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

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

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

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

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

(b) Any aerosol propellant;

173

(c) Any fluorocarbon refrigerant;

174

(d) Any anesthetic gas.

175

(2) Gamma Butyrolactone;

176

(3) 1,4 Butanediol.

177

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

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

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

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

(1) "The National Formulary";

197

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

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

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

202

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

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

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

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

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

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

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

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

232

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

381

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

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

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

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

394

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) "Auction" means a method of sale of real or personal	436
property, goods, or chattels, at a predetermined date and time, by	437
means of a verbal exchange, regular mail, telecommunications, the	438
internet, an electronic transmission, or a physical gesture	439
between an auctioneer or apprentice auctioneer and members of the	440
audience or prospective purchasers, the exchanges and gestures	441
consisting of a series of invitations for offers made by the	442
auctioneer and offers by members of the audience or prospective	443
purchasers, with the right to acceptance of offers with the	444
auctioneer or apprentice auctioneer. "Auction" includes a sale of	445
real or personal property, goods, or chattels in which there has	446
been a solicitation or invitation by advertisement to the public	447
for an advance in bidding using sealed bidding, provided that the	448
bids are opened and there is a call for an advancement of the	449
bids.	450

(B) "Auctioneer" means any person who engages, or who by	451
advertising or otherwise holds selfthe person out as being able	452
to engage, in the calling for, recognition of, and the acceptance	453
of, offers for the purchase of real or personal property, goods,	454
or chattels at auction either directly or through the use of other	455
licensed auctioneers or apprentice auctioneers.	456

(C) "Apprentice auctioneer" means any individual who is	457
sponsored by an auctioneer to deal or engage in any activities	458
mentioned in division (A) of this section.	459

(D) "Auction company" means any person, excluding licensed	460
auctioneers, who does business solely in the auctioneer's	461
individual name, who sells, either directly or through agents,	462
real or personal property, goods, or chattels at auction, or who	463
arranges, sponsors, manages, conducts, or advertises auctions and	464
who was licensed as an auction company by the department of	465
agriculture as of May 1, 1991. An auction company does not mean	466
either of the following:	467

(1) A sale barn or livestock auction market that is used	468
exclusively for the auctioneering of livestock and is licensed by	469
the department of agriculture under Chapter 943. of the Revised	470
Code;	471

(2) A business that is licensed by the bureau of motor	472
vehicles under Chapter 4517. of the Revised Code and is	473
exclusively engaged in the auction sale of motor vehicles to	474
dealers licensed by either the bureau of motor vehicles or a	475
bureau of motor vehicles of another jurisdiction or its	476
equivalent.	477

(E) "Special auctioneer" means any person who is licensed as	478
an auction company by the department of agriculture as of May 1,	479
1991, and currently is subject to section 4707.071 of the Revised	480
Code.	481

(E) "Absolute auction" means an auction of real or personal	482
property to which all of the following apply:	483

(1) The property is sold to the highest bidder without	484
reserve.	485

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

486

(3) The auction does not require competing bids of any type	487
by the seller or an agent of the seller.	488

(4) The seller of the property cannot withdraw the property	489
from auction after the auction is opened and there is public	490
solicitation or calling for bids.	491

(F) "Reserve auction" means an auction in which the seller or	492
an agent of the seller reserves the right to establish a stated	493
minimum bid, the right to reject or accept any or all bids, or the	494
right to withdraw the real or personal property at any time prior	495
to the completion of the auction by the auctioneer.	496

(G) "Auction mediation company" means a company that provides	497
a forum through the internet for a person to sell the person's	498
real or personal property that was not originally acquired for the	499
purpose of resale via the submission of silent bids using a	500
computer or other electronic device.	501

(H) "Public authority" means any board or commission of the	502
state or any officer of such a board or commission, or any	503
political subdivision of the state.	504

(I) "Estate auction" means the auction of real or personal	505
property of a deceased person.	506

(J) "Sealed bidding" means a method of submitting a bid in	507
writing by one or more persons following which the bids are opened	508
at an advertised, predetermined time and place, and, after a	509
review of all the bids received, the real or personal property is	510
awarded to the highest and most responsive bidder.	511

(K) "Absentee bidding" means a method by which a potential	512
purchaser authorizes a proxy to place on behalf of the potential	513
purchaser a written or oral bid to an auctioneer or auction firm	514
or an agent of an auctioneer or auction firm.	515

(L) "Person" means an individual, sole proprietor,	516
corporation, limited liability company, association, or	517
partnership.	518

(M) "Auction firm" means a person who provides auction	519
services.	520

(N) "Auction services" means arranging, managing, and	521
sponsoring a personal property auction. "Auction services"	522
includes the taking and advertising of personal property on	523
consignment to be sold at auction by a licensed auctioneer.	524

(O) "Consignee" means a person or auction firm that takes	525
personal property on consignment to be sold at auction by a	526
licensed auctioneer.	527

(P) "Firm manager" means the individual designated by an	528
auction firm who is responsible for ensuring that the auction firm	529
complies with this chapter.	530

Sec. 4707.02.  No person shall act as an auction firm,	531
auctioneer, apprentice auctioneer, or special auctioneer within	532
this state without a license issued by the department of	533
agriculture. No auction shall be conducted in this state except by	534
an auctioneer licensed by the department.	535

The department shall not issue or renew a license if the	536
applicant or licensee has been convicted of a felony or crime	537
involving fraud or theft in this or another state at any time	538
during the ten years immediately preceding application or renewal.	539

This section does not apply to:

540

(A) Sales at auction conducted by or under the direction of	541
any public authority, or sales required by law to be at auction	542
other than sales pursuant to a judicial order or decree;	543

(B) The owner of any real or personal property desiring to	544
sell the property at auction, provided that the property was not	545
acquired for the purpose of resale;	546

(C) An auction mediation company;

547

(D) An auction that is conducted in a course of study for	548
auctioneers that is approved by the state auctioneers commission	549
created under section 4707.03 of the Revised Code for purposes of	550
student training and is supervised by a licensed auctioneer;	551

(E) An auction that is sponsored by a nonprofit or charitable	552
organization that is registered in this state under Chapter 1702.	553
or Chapter 1716. of the Revised Code, respectively, if the auction	554
only involves the property of the members of the organization and	555
the auction is part of a fair that is organized by an agricultural	556
society under Chapter 1711. of the Revised Code or by the Ohio	557
expositions commission under Chapter 991. of the Revised Code at	558
which a licensed auctioneer physically conducts the auction.	559

(F) A person licensed as a livestock dealer under Chapter	560
943. of the Revised Code who exclusively sells livestock and uses	561
a licensed auctioneer to conduct the auction.	562

Sec. 4707.021.  Only an auctioneer who is licensed under this	563
chapter and who is licensed as a real stateestate broker who is	564
licensedor a real estate salesperson under Chapter 4735. of the	565
Revised Code and who is licensed as an auctioneer under this	566
chapter mayshall sign an auction contract for the sale of real	567
property at auction. A real estate broker who is licensed under	568
Chapter 4735. of the Revised Code, but who is not licensed as an	569
auctioneer under this chapter shall not sign an auction contract	570
or conduct an auction, but may contract for the sale of real	571
property at auction only if either of the following applies:	572

(A) The auctioneer who conducts the auction is a salesperson	573
licensed under Chapter 4735. of the Revised Code and is associated	574
with the real estate broker who contracts for the sale of real	575
property.	576

(B) The real estate broker enters into a cooperative	577
agreement with another real estate broker licensed under Chapter	578
4735. of the Revised Code with whom an auctioneer licensed under	579
this chapter is associated and the auctioneer conductsis solely	580
responsible for signing the auction contract and conducting the	581
auction.	582

An apprentice auctioneer who is licensed as a real estate	583
broker or real estate salesperson under Chapter 4735. of the	584
Revised Code may act as a bid caller in the sale of real property	585
at auction if the sponsoring auctioneer is licensed under this	586
chapter and is licensed as a real estate broker or real estate	587
salesperson under Chapter 4735. of the Revised Code.	588

Nothing in this section shall be construed to permit a	589
business to contract for the sale of real property at auction	590
through an individual who is not licensed under this chapter and	591
Chapter 4735. of the Revised Code.	592

Sec. 4707.022. (A) An auction shall be a reserve auction	593
unless explicitly stated otherwise in the contract for the auction	594
and in the terms and conditions governing the auction. For	595
purposes of a reserve auction, there need not be an announcement	596
or indication that the reserve is attained.	597

(B) A person licensed under this chapter shall not use	598
absentee bidding unless the owner of the real or personal property	599
being sold provides prior written permission to use absentee	600
bidding.	601

(C) A person licensed under this chapter shall be an agent of	602
the owner or consignee of the real or personal property for	603
purposes of all aspects of the auction.	604

Sec. 4707.023. (A) No person licensed under this chapter	605
shall advertise, offer for sale, or sell real or personal property	606
by absolute auction unless all of the following apply:	607

(1) One of the following applies:

608

(a) Except for current tax obligations, easements, or	609
restrictions of record of the seller, there are no liens or	610
encumbrances on the property in favor of any other person.	611

(b) Every holder of a lien or encumbrance, by execution of	612
the auction contract or other written agreement provided to the	613
auctioneer, agrees to the absolute auction without regard to the	614
amount of the highest bid or to the identity of the highest	615
bidder.	616

(c) A financially sound person, firm, trust, or estate, by	617
execution of the auction contract or other written agreement	618
provided to the auctioneer, guarantees the complete discharge and	619
satisfaction of all liens and encumbrances, as applicable,	620
immediately after the absolute auction or at the closing without	621
regard to the amount of the highest bid or to the identity of the	622
highest bidder.	623

(2) The seller of the real or personal property at the time	624
of advertising and at the time of the absolute auction has a bona	625
fide intention to transfer ownership of the property to the	626
highest bidder regardless of the amount of the last bid and	627
without reliance on any agreement that a particular bid or bid	628
level be attained in order to transfer the property.	629

(3) The auction contract requires that the auction be	630
conducted as an absolute auction, specifies that the auction is	631
not a reserve auction, and prohibits the seller or anyone acting	632
on behalf of the seller to bid or participate in the bidding	633
process of the auction.	634

(B) Division (A) of this section does not prohibit any of the	635
following:	636

(1) The bidding of a secured party or lien holder, other than	637
the seller, at an absolute auction, provided that the bids are	638
bona fide offers, that the bidding does not constitute bid rigging	639
or a reserve for the seller, and that the bidding is not for the	640
purpose of aiding or assisting or on behalf of the seller or the	641
auctioneer;	642

(2) The bidding by an individual or a party to a dissolution	643
of marriage, partnership, or corporation on real or personal	644
property being sold at auction pursuant to the dissolution;	645

(3) The advertising of real or personal property to be sold	646
by absolute auction and by reserve auction within the same	647
advertisement or for auction on the same date and at the same	648
place, provided that the advertisement is not misleading and	649
clearly identifies the property that is to be sold by absolute	650
auction and the property that is to be sold by reserve auction.	651

(C) A person licensed under this chapter may make a bona fide	652
bid on the licensee's own behalf at an absolute auction and at a	653
reserve auction, provided that the licensee provides full	654
disclosure that the licensee may make a bona fide bid to the	655
seller and at the auction.	656

(D) A seller or a person on behalf of a seller may make a bid	657
if the auction is a reserve auction and the auctioneer provides	658
full disclosure before bidding begins that the seller retains the	659
right to bid. No person licensed under this chapter knowingly	660
shall receive such a bid in the absence of full disclosure.	661

(E) Except in the case of a dissolution as provided in	662
division (B)(2) of this section, a person licensed under this	663
chapter shall not knowingly receive a bid by a seller or a person	664
on the seller's behalf at an absolute auction.	665

Sec. 4707.024. (A) Not later than seventy-two hours after the	666
end of an auction, a person licensed under this chapter shall	667
deposit in one or more trust or escrow accounts all money received	668
from the sale of an owner's or consignee's personal property at	669
auction unless the licensee pays the money to the owner or	670
consignee immediately after the end of the auction.	671

(B) For purposes of this section, a person licensed under	672
this chapter shall designate a trust or escrow account that	673
contains an owner's or consignee's money as "client trust account"	674
or with words of similar meaning. In addition, a trust or escrow	675
account only shall contain money received from the sale of	676
personal property at auction that has not been disbursed and money	677
for expenses regarding the auction, including commission and	678
advertisement fees, that are specifically delineated in the	679
auction contract.	680

(C) Except for the payment of money to the owner or consignee	681
immediately after the end of the auction, a person licensed under	682
this chapter shall pay the owner or consignee with money from the	683
client's trust or escrow account. In addition, the licensee may	684
pay expenses, including commission and advertisement fees, that	685
are specifically delineated in the auction contract with money	686
from the trust or escrow account. Money in the trust or escrow	687
account shall not be disbursed for any purpose that is	688
inconsistent with this section. In addition, the money shall not	689
be commingled with the licensee's personal or business money. In	690
administering the trust or escrow account, the licensee shall keep	691
detailed records that show deposits, withdrawals, and interest	692
accrued, if applicable.	693

Unless otherwise agreed to by the parties in the auction	694
contract or by the direction of a court of law, all money	695
deposited into a trust or escrow account shall be disbursed to the	696
seller not later than fifteen days after the initial deposit.	697

(D) Money from the sale of personal property at auction may	698
be deposited in an interest bearing account if the parties to the	699
auction contract specifically agree to such a deposit. Interest	700
earned in the account shall be credited to the seller unless	701
otherwise agreed to by the parties in the auction listing	702
contract. The interest credited to the account may remain in the	703
account for a period of sixty days after the seller receives the	704
money from the account. The interest money then shall be disbursed	705
according to the terms of the auction contract.	706

(E) All money received in connection with the sale of real	707
property at auction shall be deposited in a broker's special or	708
trust bank account in a depository located in this state that is	709
described in division (A)(26) of section 4735.18 of the Revised	710
Code.	711

Sec. 4707.03.  A state auctioneers commission shall be	712
created within the department of agriculture as follows:	713

(A) The governor, with the advice and consent of the senate,	714
shall appoint a commission consisting of threefive members, each	715
of whom immediately prior to the date of appointment has been a	716
resident of this state for at least five years, and whose	717
vocation. Four members shall have been an auctioneer for a period	718
of at least five years has been that of an auctioneerprior to	719
appointment. One member shall be a member of the public who	720
represents the interests of consumers, is not licensed under this	721
chapter, does not have any management responsibility in the	722
auctioneering industry, does not formulate any policy of the	723
auctioneering industry, does not have a financial interest in the	724
auctioneering industry, and does not have any other connection	725
with the auctioneering profession. Terms	726

(B) Terms of office shall be for three years, commencing on	727
the tenth day of October and ending on the ninth day of October.	728
EachOf the two additional appointments made after the effective	729
date of this amendment, one shall be for a term ending on the	730
ninth day of October in the first year following the appointment,	731
and one shall be for a term ending on the ninth day of October in	732
the second year following the appointment. Thereafter, each term	733
of office shall be for three years, commencing on the tenth day of	734
October.	735

Each member shall hold office from the date of appointment	736
until the end of the term for which appointed. Any member	737
appointed to fill a vacancy occurring prior to the expiration of	738
the term for which the member's predecessor was appointed shall	739
hold office for the remainder of such term. Any member shall	740
continue in office subsequent to the expiration date of the	741
member's term until the member's successor takes office, or until	742
a period of sixty days has elapsed, whichever occurs first. A	743
member appointed for a term commencing on or after October 10,	744
2004, shall not serve more than three consecutive terms.	745

(B)(C) At no time shall there be more than twothree members	746
of the same political party serving on the commission.	747

Sec. 4707.04.  (A) The state auctioneers commission shall,	748
upon qualification of the member or members appointed in each	749
year, select from its members a chairperson, and shall serve in an	750
advisory capacity to the department of agriculture for the purpose	751
of carrying out sections 4707.01 to 4707.22 of the Revised Code	752
this chapter. The commission shall meet not less than four times	753
annually.	754

(B) The commission shall establish requirements and standards	755
for courses of study in auctioneering. The commission triennially	756
shall review courses of study in auctioneering that are offered at	757
institutions in order to determine whether the courses comply with	758
those requirements and standards. The commission shall approve	759
institutions that offer courses that comply with the requirements	760
and standards. If an institution is not approved, the institution	761
may reapply for approval within a year of the disapproval. If at	762
that time the commission approves the institution, the institution	763
shall be approved for the remainder of the triennial period. The	764
commission, prior to the triennial review, may place on	765
probationary status or revoke the approval of any institution that	766
provides a course of study in auctioneering if the institution	767
fails to comply with the requirements and standards established	768
under this division.	769

(C) Members of the commission who are licensed auctioneers	770
under this chapter shall administer the oral licensing examination	771
required under section 4707.08 of the Revised Code.	772

(D) Each commissioner shall receive the commissioner's actual	773
and necessary expenses incurred in the discharge of suchthe	774
commissioner's duties. Each commissioner also shall receive a per	775
diem salary from the auctioneers fund created in section 4707.05	776
of the Revised Code for each meeting attended. The director of	777
agriculture shall adopt rules in accordance with Chapter 119. of	778
the Revised Code establishing the per diem salary.	779

(E) The commission may form subcommittees for purposes of	780
research, education, and promotion of the auctioneering	781
profession. If a majority of the members of the commission	782
approves, the members of a subcommittee may be reimbursed from the	783
auction education fund created in section 4707.171 of the Revised	784
Code for the actual and necessary expenses incurred in the	785
discharge of their duties.	786

(F) Serving as a member of the commission does not constitute	787
holding a public office or position of employment under the laws	788
of this state and does not constitute grounds for removal of	789
public officers or employees from their offices or positions of	790
employment.	791

(G) The commission may advise the director on actions of the	792
director as required under this chapter.	793

Sec. 4707.05.  Except as otherwise provided in section	794
4707.25 of the Revised Code, all fees and charges collected by the	795
department of agriculture pursuant to this chapter shall be paid	796
into the state treasury to the credit of the auctioneers fund,	797
which is hereby created. All expenses incurred by the department	798
in administering this chapter shall be paid out of the fund. The	799
total expenses incurred by the department in the administration of	800
this chapter shall not exceed the total fees, charges, fines, and	801
penalties imposed under sections 4707.08, 4707.10, and 4707.99 of	802
the Revised Code and paid to the treasurer of state. The	803
department may conduct education programs for the enlightenment	804
and benefit of all auctioneers who have paid fees pursuant to	805
sections 4707.08 and 4707.10 of the Revised Code.	806

Out of the moneys credited pursuant to this section, the fund	807
shall be assessed a proportionate share of the administrative	808
costs of the department in accordance with procedures prescribed	809
by the director of agriculture and approved by the director of	810
budget and management. The assessment shall be paid from the	811
auctioneers fund to the division of administration fund.	812

At the end of each fiscal year, if the balance of the fund is	813
greater than three hundred thousand dollars, the director of	814
agriculture shall request the director of budget and management	815
to, and the director of budget and management shall, transfer	816
twenty-five per cent of the balance that is in excess of three	817
hundred thousand dollars to the auction recovery fund created in	818
section 4707.25 of the Revised Code.	819

Sec. 4707.06.  The department of agriculture shall maintain a	820
record of the names and addresses of all auction firms,	821
auctioneers and, apprentice auctioneers, and special auctioneers	822
licensed by the department. This record shall also include a list	823
of all persons whose licenses have been suspended or revoked, as	824
well as any other information relative to the enforcement of	825
sections 4707.01 to 4707.22 of the Revised Code, asthis chapter	826
that the department may deemconsiders of interest to the public.	827

Sec. 4707.07.  (A) The department of agriculture may grant	828
auctioneers' licenses to those persons deemedindividuals who are	829
determined to be qualified by the department. Each person	830
individual who applies for an auctioneer's license shall furnish	831
to the department, on forms provided by the department,	832
satisfactory proof that the applicant:	833

(1) Has a good reputation;

834

(2) Is of trustworthy character;

835

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

836

(4) Has at least a high school diploma or its equivalent, or	837
holds a valid license issued under this chapter prior to June 30,	838
2004, and seeks to timely renew the license, if applicable;	839

(5) Has done one of the following:

840

(a) Met the apprenticeship requirements set forth in section	841
4707.09 of the Revised Code;	842

(b) Met the requirements of section 4707.12 of the Revised	843
Code.	844

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

845

(a) The requirements of the Revised Code relative to	846
auctioneers;	847

(b) The auction profession;

848

(c) The principles involved in conducting an auction;

849

(d) Any local and federal laws regarding the occupation of	850
auctioneering.	851

(6)(7) Has satisfied the financial responsibility	852
requirements established under section 4707.11 of the Revised Code	853
if applicable.	854

(B) Auctioneers who served apprenticeships and who hold	855
licenses issued before May 1, 1991, and who seek renewal of their	856
licenses, are not subject to the additional apprenticeship	857
requirements imposed by section 4707.084707.09 of the Revised	858
Code.	859

(C) The department may issue an auctioneer's license to a	860
partnership, association, or corporation if all the partners,	861
members, or officers thereof who are authorized to perform the	862
functions of an auctioneer as agents of the applicant are	863
themselves licensed as auctioneers under this chapter.	864

An application for an auctioneer's license filed by a	865
partnership or association shall contain a listing of the names of	866
all of the licensed partners, members, or other persons who are	867
authorized to perform the functions of an auctioneer as agents of	868
the applicant. An application filed by a corporation shall contain	869
the names of its president and of each of its licensed officers	870
and any other person who is authorized to perform the functions of	871
an auctioneer as an agent of the applicant.	872

(D) A licensee may do business under more than one registered	873
name if the names have been approved by the department. The	874
department may reject the application of any person seeking	875
licensure under this chapter if the name or names to be used by	876
the applicant are likely to mislead the public, or if the name or	877
names do not distinguish the applicant from the name or names of	878
any existing person licensed under this chapter. If an applicant	879
applies to the department to do business under more than two	880
names, the department may charge a fee of ten dollarsthat is	881
established in rules adopted by the director of agriculture under	882
section 4707.19 of the Revised Code for the third name and each	883
additional name.	884

(D) The department, in its discretion, may waive the	885
education and apprenticeship requirements for a resident of this	886
state, provided that the resident holds a valid auctioneer license	887
that was issued by a state with which the department has entered	888
into a reciprocal licensing agreement and the resident is in good	889
standing with that state. The applicant shall provide proof that	890
is satisfactory to the department that the applicant has had two	891
years of experience as an auctioneer immediately preceding the	892
date of application that includes at a minimum twelve auctions in	893
which the applicant was a bid caller in the reciprocal state.	894

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	895
auction companies under former section 4707.071 of the Revised	896
Code shall comply with all provisions of this chapter that are	897
applicable to auctioneers except as provided in divisions (B) and	898
(C) of this section. Such persons, however, do not have to serve	899
an apprenticeship or attend a course of study under section	900
4707.09 of the Revised Code or submit to an examination under	901
section 4707.08 of the Revised Code as long as they do not engage	902
in the calling for, recognition of, and the acceptance of, offers	903
for the purchase of personal property at auction and do not	904
conduct auctions at any location other than the definite place of	905
business required in section 4707.14 of the Revised Code.	906

(B) The principal owner of each auction company that is	907
licensed as of May 1, 1991, who pays the annual renewal fee	908
specified in division (B) of section 4707.10 of the Revised Code	909
during the first renewal period following May 1, 1991, shall be	910
issued a special auctioneer's license, for the saleauction of	911
personal property subject to division (A) of this section. Each	912
principal owner shall apply for an annual license. In applying for	913
an annual license, each person licensed as an auction company on	914
May 1, 1991, shall designate an individual as principal owner by	915
submitting documentation substantiating that the individual is in	916
fact the principal owner and shall identify a definite place of	917
business as required in section 4707.14 of the Revised Code. A	918
person licensed as an auctioneer shall not be entitled to a	919
special auctioneer's license.	920

(C) A special auctioneer's license issued under this section	921
to the principal owner of a former auction company does not	922
entitle the principal owner or former auction company to conduct	923
auctions at any location other than the definite place of business	924
required in section 4707.14 of the Revised Code. Notwithstanding	925
section 4707.10 of the Revised Code, the department of agriculture	926
shall not issue a new special auctioneer's license if the definite	927
place of business identified by the licensee in the licensee's	928
initial application for a special auctioneer license has changed	929
or if the name under which the licensee is doing business has	930
changed. No person other than an owner, officer, member, or agent	931
of the former auction company who personally has passed the	932
examination prescribed in section 4707.08 of the Revised Code and	933
been licensed as an auctioneer shall engage in the calling for,	934
recognition of, and the acceptance of, offers for the purchase of	935
real or personal property, goods, or chattels at auction in	936
connection with a former auction company that has been issued a	937
special auctioneer's license.	938

(D) A person licensed as a special auctioneer shall not	939
engage in the sale of real property at auction.	940

(E) As used in this section, "auction company" means "auction	941
company" as defined in section 4707.01 of the Revised Code prior	942
to its amendment by Sub. S.B. 209 of the 125th general assembly.	943

Sec. 4707.072.  (A) For purposes of this section, the	944
department of agriculture shall adopt rules in accordance with	945
section 4707.19 of the Revised Code prescribing the fee that a	946
license applicant must pay. Until those rules are adopted, a	947
license applicant shall pay the fee established in this section.	948

(B) The department may grant one-auction licenses to any	949
nonresident person deemedindividual who is determined to be	950
qualified by the department. Any personindividual who applies for	951
a one-auction license shall attest, on forms provided by the	952
department, and furnish to the department, satisfactory proof that	953
the license applicant or any auctioneer affiliated with the	954
applicant meets the following requirements:	955

(1) Has a good reputation;

956

(2) Is of trustworthy character;

957

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

958

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

959

(5) Has a general knowledge of the requirements of the	960
Revised Code relative to auctioneers, the auction profession, and	961
the principles involved in conducting an auction;	962

(5)(6) Has two years of professional auctioneering experience	963
immediately preceding the date of application and the experience	964
that includes the personal conduct by the applicant of at least	965
twelve auction sales in any state, or has met the requirements of	966
section 4707.12 of the Revised Code;	967

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

968

(7)(8) Has provided proof of financial responsibility in the	969
form of either an irrevocable letter of credit or a cash bond or a	970
surety bond in the amount of fifty thousand dollars. If the	971
applicant gives a surety bond, the bond shall be executed by a	972
surety company authorized to do business in this state. A bond	973
shall be made to the department and shall be conditioned that the	974
applicant shall comply with this chapter and rules adopted under	975
it, including refraining from conduct described in section 4707.15	976
of the Revised Code. All bonds shall be on a form approved by the	977
director of agriculture.	978

Sec. 4707.073. (A) No corporation, general or limited	979
partnership, or unincorporated association shall act or hold	980
itself out as an auctioneer without a valid auctioneer's license	981
issued under this section. This section does not apply to a person	982
who is issued a license under section 4707.071 of the Revised	983
Code.	984

(B) The department of agriculture may grant an auctioneer's	985
license to a corporation, general or limited partnership, or	986
unincorporated association that is determined to be qualified by	987
the department. Every applicant for a license under this section	988
shall furnish to the department, on forms provided by the	989
department, satisfactory proof that the applicant:	990

(1) Is in good standing with the secretary of state if the	991
applicant is a corporation;	992

(2) Is of trustworthy character;

993

(3) Has provided proof of financial responsibility as	994
required in section 4707.11 of the Revised Code;	995

(4) Is registered with the secretary of state or a local	996
authority, as applicable, to do business in this state;	997

(5) Has complied with any other requirement that the director	998
establishes in rules adopted under section 4707.19 of the Revised	999
Code.	1000

(C) An application submitted under this section shall list	1001
the names of all of the owners, directors, partners, or members of	1002
the applicant, as applicable, and shall indicate those that have	1003
an auctioneer's license issued under section 4707.07 of the	1004
Revised Code.	1005

(D)(1) The department shall not issue a license under this	1006
section unless one of the following applies, as applicable:	1007

(a) If the applicant is a general or limited partnership, not	1008
less than fifty per cent of the general partners have a current	1009
license issued under section 4707.07 of the Revised Code.	1010

(b) If the applicant is a corporation, not less than fifty	1011
per cent of the directors and the president or chief executive	1012
have a current license issued under section 4707.07 of the Revised	1013
Code.	1014

(c) If the applicant is an unincorporated association, not	1015
less than fifty per cent of the members have a current license	1016
issued under section 4707.07 of the Revised Code.	1017

Failure of a corporation, partnership, or unincorporated	1018
association to maintain the applicable requirements of this	1019
division after the issuance of a license under this section may be	1020
sufficient cause for the revocation of the license under section	1021
4707.15 of the Revised Code.	1022

(2) Not later than two years after the effective date of this	1023
section, a corporation, partnership, or unincorporated association	1024
that was issued a license under section 4707.07 of the Revised	1025
Code on or before the effective date of this section shall comply	1026
with the requirements established in division (D)(1) of this	1027
section. If such a corporation, partnership, or unincorporated	1028
association fails to comply with those requirements, the license	1029
of the corporation, partnership, or unincorporated association	1030
immediately shall terminate.	1031

(E) Upon the issuance of a license under this section, a	1032
corporation, partnership, or unincorporated association shall	1033
designate an individual from among its directors, partners, or	1034
members who is licensed under section 4707.07 of the Revised Code	1035
as its agent for purposes of communication with the department. If	1036
that individual ceases to be the agent, the corporation,	1037
partnership, or unincorporated association shall notify the	1038
department not later than ten days after the day on which the	1039
individual ceases to be the agent. Upon notification to the	1040
department, the license of the corporation, partnership, or	1041
unincorporated association, as applicable, immediately shall	1042
terminate. If the corporation, partnership, or unincorporated	1043
association notifies the department of the designation of a new	1044
agent in accordance with the requirements of this division and	1045
pays the fee established by the director of agriculture in rules	1046
adopted under section 4707.19 of the Revised Code, the department	1047
shall issue the corporation, partnership, or unincorporated	1048
association a new license.	1049

(F) For purposes of this section, the director may adopt	1050
rules under section 4707.19 of the Revised Code establishing	1051
license fees and procedures and deadlines for the issuance of a	1052
license under this section. Until the director adopts those rules,	1053
a license issued under this section shall take effect on July 1 of	1054
one year and expire on June 30 of the following year, and the fee	1055
for an initial and renewal license shall be one hundred dollars.	1056
In addition, a license shall be renewed before July 1 of each	1057
year, except that a license may be renewed before September 1 of	1058
the year of expiration if the licensee pays the renewal fee and an	1059
additional fee of one hundred dollars.	1060

(G) This section does not preclude a corporation,	1061
partnership, or unincorporated association from selling real	1062
property at auction, provided that the requirements of this	1063
section and section 4707.021 and Chapter 4735. of the Revised Code	1064
are satisfied.	1065

(H) A person licensed as a real estate broker under Chapter	1066
4735. of the Revised Code shall not be required to obtain a	1067
license under this section if the person complies with sections	1068
4707.021 and 4707.22 of the Revised Code.	1069

Sec. 4707.074. (A) A person who is not otherwise licensed	1070
under this chapter and who only provides auction services or holds	1071
the person's self out as providing auction services shall do so	1072
only with a valid auction firm license issued under this section.	1073
This section does not apply to a person licensed as a livestock	1074
dealer under Chapter 943. of the Revised Code who exclusively	1075
sells livestock and uses a licensed auctioneer to conduct the	1076
auction.	1077

(B) The department of agriculture may grant an auction firm	1078
license to an auction firm that is determined to be qualified by	1079
the department. Every applicant for an auction firm license shall	1080
furnish to the department, on forms provided by the department,	1081
satisfactory proof that the applicant:	1082

(1) Is in good standing with the secretary of state if the	1083
applicant is a corporation;	1084

(2) Is of trustworthy character;

1085

(3) Is registered with the secretary of state or a local	1086
authority, as applicable, to do business in this state;	1087

(4) Has complied with any other requirement that the director	1088
establishes in rules adopted under section 4707.19 of the Revised	1089
Code;	1090

(5) Has a general knowledge of the requirements of the	1091
Revised Code and the general principles regarding auctions and	1092
auctioneering;	1093

(6) Has provided proof of financial responsibility in the	1094
amount of fifty thousand dollars in the form of a surety bond, an	1095
irrevocable letter of credit, or cashbond;	1096

(7) Employs a firm manager as required under division (D) of	1097
this section.	1098

(C) An application submitted under this section for an	1099
auction firm license shall list the names of all of the owners,	1100
directors, partners, or members of the applicant, as applicable.	1101

(D) An auction firm shall designate a firm manager. The firm	1102
manager shall have sufficient authority in the operation of the	1103
auction firm to ensure compliance with this chapter and rules	1104
adopted under it. If the firm manager does not have a current	1105
license issued under section 4707.07 of the Revised Code, the firm	1106
manager shall pass the written examination held under section	1107
4707.08 of the Revised Code before the department may issue a	1108
license under this section to the auction firm.	1109

(E)(1) An auction firm license issued under this section	1110
immediately shall terminate if any of the following occurs:	1111

(a) The auction firm incorporates.

1112

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

1113

(c) The auction firm changes ownership.

1114

(d) If the auction firm is a partnership, the firm changes	1115
the number of partners in the partnership or changes the partners	1116
comprising the partnership.	1117

(e) The auction firm changes the firm manager.

1118

(f) The auction firm changes the name under which the firm	1119
conducts business.	1120

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

1121

If a license terminates under this division, the licensee	1122
immediately shall cease auction services, notify the department of	1123
the termination, and return the terminated license to the	1124
department.	1125

(2) Not later than ten days prior to the date on which an	1126
auction firm license will terminate pursuant to division	1127
(E)(1)(a), (b), (c), or (d) of this section, the auction firm may	1128
submit an application for a new auction firm license in accordance	1129
with division (B) of this section. If the auction firm submits the	1130
application, returns the terminated license, and pays the fee	1131
established in rules adopted by the director of agriculture under	1132
section 4707.19 of the Revised Code, the department may issue a	1133
new license under this section.	1134

(3) If a license terminates pursuant to division (E)(1)(e),	1135
(f), or (g) of this section and the formerly licensed auction firm	1136
notifies the department, returns the terminated license, and pays	1137
the fee established in rules adopted by the director under section	1138
4707.19 of the Revised Code, the department shall issue a new	1139
license under this division.	1140

(F) For purposes of this section, the director may adopt	1141
rules under section 4707.19 of the Revised Code establishing	1142
license fees and procedures and deadlines for the issuance of a	1143
license under this section. Until the director adopts those rules,	1144
a license issued under this section shall take effect on July 1 of	1145
one year and expire on June 30 of the following year, and the fee	1146
for an initial and renewal license shall be one hundred dollars.	1147
In addition, a license shall be renewed before July 1 of each	1148
year, except that a license may be renewed before September 1 of	1149
the year of expiration if the licensee pays the renewal fee and an	1150
additional fee of one hundred dollars.	1151

(G) For purposes of the financial responsibility that is	1152
required under division (B) of this section, if a person provides	1153
a surety bond, the bond shall be executed by a surety company that	1154
is authorized to do business in this state. The bond shall be made	1155
payable to the department and shall include a condition that	1156
requires the applicant to comply with this chapter and rules	1157
adopted under it, including a requirement that the person refrain	1158
from conduct described in section 4707.15 of the Revised Code. A	1159
bond shall be on a form that is approved by the director. A person	1160
who is issued a license under this section shall maintain the	1161
financial responsibility that is required under division (B) of	1162
this section for as long as the person is licensed.	1163

(H) An auction firm licensed under this section shall not	1164
conduct the bid calling for the sale of real or personal property	1165
at auction.	1166

Sec. 4707.08.  (A) The department of agriculture shall hold	1167
written examinations four times each year for the purpose of	1168
testing the qualifications required for obtaining a license under	1169
section 4707.07 of the Revised Code and twelve times each year for	1170
obtaining a license under section 4707.09 of the Revised Code and	1171
for unlicensed auction firm managers as required under division	1172
(D) of section 4707.074 of the Revised Code. The written	1173
examination shall be held at the department or at an alternative	1174
location determined by the department. In addition to the written	1175
examination, auctioneer license applicants shall pass an oral	1176
examination administered by the state auctioneers commission on	1177
the same date and at the same location as the written examination.	1178
An examination shall not be required for the renewal of any	1179
license unless suchthe license has been revoked, suspended, or	1180
allowed to expire without renewal, in which case the applicant	1181
shall take and pass the appropriate examinations offered by the	1182
department.	1183

An examination fee of twenty-five dollars shall be collected	1184
from each person taking the auctioneer examination and fifteen	1185
dollars from each person taking, the apprentice auctioneer	1186
examination, and the auction firm manager examination to defray	1187
expenses of holding suchthe examinations. Unless otherwise	1188
established in rules adopted by the director of agriculture under	1189
section 4707.19 of the Revised Code, the fee for the apprentice	1190
auctioneer examination and the firm manager examination shall be	1191
fifteen dollars, and the fee for the auctioneer examination shall	1192
be twenty-five dollars.	1193

(B) All applications and proofs mustshall be filed by each	1194
applicant before the scheduled date of examination, and mustshall	1195
be accompanied by a bondproof of financial responsibility and a	1196
license fee. In order to be seated for an examination held under	1197
this section, an applicant shall have a complete application on	1198
file with the department not later than fourteen days prior to the	1199
examination date.	1200

(C) If a court of competent jurisdiction or the department,	1201
at an administrative hearing, has found that an applicant	1202
conducted an auction, provided auction services, or acted as an	1203
auctioneer without a license issued under this chapter, the	1204
department may refuse to allow the applicant to take an	1205
examination under this section or may deny the issuance of a	1206
license to the applicant for a period of two years.	1207

(D)(1) If an applicant for a license fails to pass the	1208
examination, the applicant may take the examination on the next	1209
scheduled date for the examination. If an applicant fails to pass	1210
the examination on the second consecutive attempt, the applicant	1211
shall not take the examination on the next scheduled date for the	1212
examination.	1213

(2) If an applicant for a license fails to pass the	1214
examination on the third attempt, the applicant shall attend	1215
auction school a second time before the applicant may take the	1216
examination. If an applicant for a license fails to pass the	1217
examination on the fourth attempt, the applicant shall not take	1218
the examination for at least one year from the date of the last	1219
failed attempt.	1220

(3) If an individual who is taking the examination for an	1221
auction firm manager fails to pass the examination on the third	1222
attempt, the individual shall not take the examination for one	1223
year from the date of the last failed attempt.	1224

Sec. 4707.09.  The department of agriculture may grant	1225
apprentice auctioneers' licenses to those persons deemedthat are	1226
determined to be qualified by the department. Every applicant for	1227
an apprentice auctioneer's license shall pass an examination	1228
relating to the skills, knowledge, and statutes and rules	1229
governing auctioneers. Every applicant for an apprentice	1230
auctioneer's license shall furnish to the department, on forms	1231
provided by the department, satisfactory proof that the applicant:	1232

(A) Has a good reputation;

1233

(B) Is of trustworthy character;

1234

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

1235

(D) Has at least a high school diploma or its equivalent, or	1236
holds a valid license issued under this chapter prior to June 30,	1237
2004, and seeks to timely renew the license, if applicable;	1238

(E) Has obtained a written promise of a licensed auctioneer	1239
to sponsor the applicant during the applicant's apprenticeship;	1240

(E)(F) Has satisfied the financial responsibility	1241
requirements established under section 4707.11 of the Revised Code	1242
if applicable;	1243

(G) Has successfully completed a course of study in	1244
auctioneering at an institution that is approved by the state	1245
auctioneers commission.	1246

Before an apprentice may take the auctioneer's license	1247
examination, the apprentice shall serve an apprenticeship of at	1248
least twelve months, successfully complete a course of study in	1249
auctioneering at an institution that is approved every three years	1250
by the state auctioneers commission, and conduct,participate as a	1251
bid caller,in at least twelve auction sales under the direct	1252
supervision of the sponsoring licensed auctioneer, which sales	1253
auctions shall be certified by the licensed auctioneer on the	1254
apprentice's application for an auctioneer's license.	1255

If an auctioneer intends to terminate sponsorship of an	1256
apprentice auctioneer, the sponsoring auctioneer shall notify the	1257
apprentice auctioneer of the sponsoring auctioneer's intention by	1258
certified mail, return receipt requested, at least ten days prior	1259
to the effective date of termination and, at the same time, shall	1260
deliver or mail by certified mail to the department of agriculture	1261
a copy of the termination notice and the license of the apprentice	1262
auctioneer. No apprentice auctioneer shall perform any acts under	1263
authority of the apprentice's license after the effective date of	1264
the termination until the apprentice receives a new license	1265
bearing the name and address of the apprentice's new sponsor. No	1266
more than one license shall be issued to any apprentice auctioneer	1267
for the same period of time.	1268

No licensed auctioneer shall have under the licensed	1269
auctioneer's sponsorship more than two apprentice auctioneers at	1270
one time. No auctioneer shall sponsor an apprentice auctioneer if	1271
the auctioneer has not been licensed and in good standing for a	1272
period of at least two years immediately before sponsoring the	1273
apprentice auctioneer. A sponsoring auctioneer whose license is	1274
suspended or revoked shall send to the department the apprentice	1275
auctioneer's license not later than fourteen days after the	1276
suspension or revocation. If a sponsoring auctioneer's license is	1277
suspended or revoked, the apprentice auctioneer shall obtain a	1278
written promise of sponsorship from another licensed auctioneer	1279
before performing any acts under the authority of an apprentice	1280
auctioneer's license. The apprentice auctioneer shall send a copy	1281
of the written promise of sponsorship of another auctioneer to the	1282
department. If the department receives a copy of such a written	1283
promise of sponsorship and the apprentice pays the fee established	1284
by the department, the department shall issue a new license to the	1285
apprentice.	1286

An apprentice auctioneer may terminate the apprentice's	1287
sponsorship with an auctioneer by notifying the auctioneer of the	1288
apprentice's intention by certified mail, return receipt	1289
requested, at least ten days prior to the effective date of	1290
termination. At the same time, the apprentice shall deliver or	1291
mail by certified mail to the department of agriculture a copy of	1292
the termination notice. Upon receiving the termination notice, the	1293
sponsoring auctioneer shall promptly deliver or mail by certified	1294
mail to the department the license of the apprentice auctioneer.	1295

The termination of a sponsorship, regardless of who initiates	1296
the termination, shall not be cause for an apprentice auctioneer	1297
to lose credit for any certified sales the apprentice conducted	1298
auctions in which the apprentice participated as a bid caller or	1299
apprenticeship time the apprentice served under the direct	1300
supervision of the former sponsor.	1301

Sec. 4707.091. (A) Prior to the expiration of an auctioneer's	1302
or apprentice auctioneer's license, an auctioneer or apprentice	1303
auctioneer may submit an application to the department of	1304
agriculture, on forms provided by the department, to place the	1305
license on deposit with the department for a period not to exceed	1306
two years. Not later than fourteen days after receipt of an	1307
application under this section, the department shall accept or	1308
deny the application.	1309

(B) If the department accepts the application, an auctioneer	1310
or apprentice auctioneer who has a license on deposit with the	1311
department under this section shall not act as an auctioneer or	1312
apprentice auctioneer while the license is on deposit. In	1313
addition, such an auctioneer shall not be required to pay an	1314
assessment under section 4707.25 of the Revised Code.	1315

(C) An auctioneer or apprentice auctioneer may reacquire a	1316
license on deposit from the department if the auctioneer or	1317
apprentice auctioneer does all of the following prior to	1318
reacquisition:	1319

(1) Submits a written request to the department that contains	1320
the business address and telephone number of the auctioneer or	1321
apprentice auctioneer, as applicable;	1322

(2) Pays the reactivation fee for the license that is	1323
established in rules adopted by the director of agriculture under	1324
section 4707.19 of the Revise Code;	1325

(3) Pays the assessment that is levied under section 4707.25	1326
of the Revised Code for the current year, if applicable;	1327

(4) Provides proof of financial responsibility as required in	1328
section 4707.11 of the Revised Code, if applicable;	1329

(5) Provides proof of compliance with the continuing	1330
education requirements established in rules adopted by the	1331
director under section 4707.19 of the Revised Code, if applicable;	1332

(6) Complies with any other requirement established in rules	1333
adopted by the director under section 4707.19 of the Revised Code.	1334

(D) If an auctioneer or apprentice auctioneer, at the time of	1335
placing the auctioneer's or apprentice auctioneer's license on	1336
deposit, as applicable, has not maintained proof of financial	1337
responsibility for the entire period of time required under	1338
section 4707.11 of the Revised Code, the auctioneer or apprentice	1339
auctioneer, beginning at the time of reacquisition, shall maintain	1340
proof of financial responsibility for the remainder of the time	1341
required under that section.	1342

Sec. 4707.10.  (A) For purposes of this section, the	1343
department of agriculture shall adopt rules in accordance with	1344
section 4707.19 of the Revised Code prescribing fees that	1345
licensees must pay and license renewal deadlines and procedures	1346
with which licensees must comply. Until those rules are adopted,	1347
licensees shall pay the fees and comply with the license renewal	1348
deadlines and procedures established in this section.	1349

(B) The fee for each auctioneer's, apprentice auctioneer's,	1350
or special auctioneer's license issued by the department is one	1351
hundred dollars, and the annual renewal fee for any such license	1352
is one hundred dollars. All licenses expire annually on the last	1353
day of June of each year and shall be renewed according to the	1354
standard renewal procedures of Chapter 4745. of the Revised Code,	1355
or the procedures of this section. Any licensee under this chapter	1356
who wishes to renew the licensee's license, but fails to do so	1357
before the first day of July shall reapply for licensure in the	1358
same manner and pursuant to the same requirements as for initial	1359
licensure, unless before the first day of September of the year of	1360
expiration, the former licensee pays to the department, in	1361
addition to the regular renewal fee, a late renewal penalty of one	1362
hundred dollars.	1363

(C) Any person who fails to renew the person's license before	1364
the first day of July is prohibited from engaging in any activity	1365
specified or comprehended in section 4707.01 of the Revised Code	1366
until such time as the person's license is renewed or a new	1367
license is issued. Renewal of a license between the first day of	1368
July and the first day of September does not relieve any person	1369
from complying with this division. The department may refuse to	1370
renew the license of or issue a new license to any person who	1371
violates this division.	1372

(D) The department shall prepare and deliver to each licensee	1373
a permanent license certificate and an identification card, the	1374
appropriate portion of which shall be carried on the person of the	1375
licensee at all times when engaged in any type of auction	1376
activity, and part of which shall be posted with the permanent	1377
certificate in a conspicuous location at the licensee's place of	1378
business.	1379

(E) Notice in writing shall be given to the department by	1380
each auctioneer or apprentice auctioneer licensee of any change of	1381
principal business location or any change or addition to the name	1382
or names under which business is conducted, whereupon the	1383
department shall issue a new license for the unexpired period. Any	1384
change of business location or change or addition of names without	1385
notification to the department shall automatically cancel any	1386
license previously issued. For each new auctioneer or apprentice	1387
auctioneer license issued upon the occasion of a change in	1388
business location or a change in or an addition of names under	1389
which business is conducted, the department may collect a fee of	1390
ten dollars for each change in location, or name or each added	1391
name unless the notification of the change occurs concurrently	1392
with the renewal application or unless otherwise provided in	1393
section 4707.07 of the Revised Code.	1394

(F) Divisions (A) and (B) of this section do not apply to	1395
licenses issued under sections 4707.073 and 4707.074 of the	1396
Revised Code.	1397

Sec. 4707.11. (A) Except as provided in division (B) of this	1398
section, each application for a license issued under this chapter	1399
shall be accompanied by proof of financial responsibility in the	1400
form of either an irrevocable letter of credit or a cash bond or a	1401
surety bond in the amount of twenty-five thousand dollars. If the	1402
applicant gives a surety bond, the bond shall be executed by a	1403
surety company authorized to do business in this state.	1404

A bond shall be made payable to the department of agriculture	1405
and shall be conditionedinclude a condition that requires the	1406
applicant shallto comply with this chapter and rules adopted	1407
under it, including refraininga requirement that the person	1408
refrain from conduct described in section 4707.15 of the Revised	1409
Code. All bonds shall be on a form approved by the director of	1410
agriculture.	1411

A licensee shall maintain proof of financial responsibility	1412
for three years following the date of initial licensure. After the	1413
three-year period, a licensee who has not engaged in conduct	1414
described in section 4707.15 of the Revised Code and has not	1415
otherwise violated this chapter or rules adopted under it during	1416
that period shall no longer be required to maintain proof of	1417
financial responsibility except as otherwise provided in this	1418
section.	1419

A licensee whose license expires without being renewed under	1420
section 4707.10 of the Revised Code or is suspended under section	1421
4707.30 of the Revised Code shall give proof of financial	1422
responsibility in accordance with this section in order to obtain	1423
reinstatement or reactivation of the license.	1424

(B) Division (A) of this section does not apply to eitherany	1425
of the following:	1426

(1) A licensee whose license was issued prior to July 1,	1427
2003, provided that the license continues to be renewed under	1428
section 4707.10 of the Revised Code and is not suspended under	1429
section 4707.15 or 4707.30 of the Revised Code;	1430

(2) An apprentice auctioneer licensee whose license was	1431
issued under section 4707.09 of the Revised Code prior to July 1,	1432
2003, and who applies for an auctioneer's license under section	1433
4707.07 of the Revised Code on or after July 1, 2003, provided	1434
that the apprentice auctioneer's license is not suspended under	1435
section 4707.15 or 4707.30 of the Revised Code, and, if necessary,	1436
continues to be renewed under section 4707.10 of the Revised Code,	1437
prior to the issuance of the auctioneer's license to the	1438
applicant;	1439

(3) An auction firm license that is issued under section	1440
4707.074 of the Revised Code.	1441

Sec. 4707.111.  The state, through the department of	1442
agriculture and in accordance with this chapter, shall solely	1443
regulate auctioneers, auction firms, and the conduct of auction	1444
sales.	1445

By enactment of this chapter, it is the intent of the general	1446
assembly to preempt municipal corporations and other political	1447
subdivisions from the regulation and licensing of auctioneers,	1448
auction firms, and auction sales. An ordinance, resolution, or	1449
other enactment by a municipal corporation or other political	1450
subdivision that directly or indirectly regulates auctioneers,	1451
auction firms, or auction sales is hereby preempted.	1452

At least twenty-four hours prior to an auction that is to be	1453
held at a location that is not the permanent business location of	1454
the auctioneer, the person licensed under this chapter to conduct	1455
the auctionauctioneer shall notify the chief of police of the	1456
municipal corporation in which the auction site is located, or, if	1457
the site is in the unincorporated area of a county, the county	1458
sheriff as to the location and time of the auction and give to	1459
that officer a general description of the items offered for sale.	1460

Sec. 4707.12.  A nonresident may operate as an auctioneer,	1461
apprentice auctioneer, or special auctioneer within the state by	1462
conforming to this chapter.	1463

The department of agriculture may, within its discretion,	1464
waive the testing and schooling requirements for a nonresident,	1465
provided that the nonresident holds a valid auctioneer or	1466
apprentice auctioneer license issued by a state with which the	1467
department has entered into a reciprocal licensing agreement.	1468
Nonresidents wishing to so operate in this state shall make	1469
application in writing to the department and furnish the	1470
department with proof of their ability to conduct an auction,	1471
proof of license and bond if they reside in a state with these	1472
requirementsfinancial responsibility, as well as other	1473
information whichthat the department may request. If a state with	1474
which the department has entered into a reciprocal licensing	1475
agreement does not require an apprenticeship, the applicant shall	1476
provide proof of license for a period of at least one year prior	1477
to receipt of the application.	1478

This section does not apply to nonresident auctioneers who	1479
reside in states under the laws of which similar recognition and	1480
courtesies aredo not extended to licensed auctioneers of this	1481
have a license from a state with which the department has entered	1482
into a reciprocal licensing agreement.	1483

Sec. 4707.14.  (A) Each person licensed under sections	1484
4707.07 to 4707.22 of the Revised Codethis chapter shall have a	1485
definite place of business in this state.	1486

(B) Except as provided in division (C) of this section, if	1487
the licensee is a nonresident, it is not necessary for himthe	1488
licensee to maintain an active place of business within this state	1489
if hethe licensee maintains such a place of business in the state	1490
where hethe licensee is a resident.	1491

(C) A nonresident former auction company licensee who is	1492
licensed as a special auctioneer under section 4707.071 of the	1493
Revised Code shall have a definite place of business within the	1494
state and shall not conduct auctions anywhere else in the state	1495
other than histhe licensee's place of business.	1496

Sec. 4707.15.  The department of agriculture may deny, refuse	1497
to renew, suspend, or revoke the license of any auction firm,	1498
auctioneer, apprentice auctioneer, or special auctioneer for any	1499
of the following causes:	1500

(A) Obtaining a license through false or fraudulent	1501
representation;	1502

(B) Making any substantial misrepresentation in an	1503
application for an auctioneer's, apprentice auctioneer's, or	1504
special auctioneer'sa license;	1505

(C) A continued course of misrepresentation or for making	1506
false promises through agents, advertising, or otherwise;	1507

(D) Specifying that an auction is a reserve auction, absolute	1508
auction, or estate auction, but not conducting the auction as	1509
specified;	1510

(E) Failing to account for or remit, within a reasonable	1511
time, any money or property belonging to others that comes into	1512
the licensee's possession, and for commingling funds of others	1513
with the licensee's own, or failing to keep such funds of others	1514
in an escrow or trusteetrust account, except that in the case of	1515
a transaction involving real estate, such funds shall be	1516
maintained in accordance with division (A)(26) of section 4735.18	1517
of the Revised Code;	1518

(E)(F) Paying valuable consideration to any person who has	1519
violated this chapter;	1520

(F)(G) Conviction in a court of competent jurisdiction of	1521
this state or any other state of a criminal offense involving	1522
fraud, forgery, embezzlement, false pretenses, extortion,	1523
conspiracy to defraud, or another similar offense or a felony;	1524

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

1525

(H)(I) Failure to furnish voluntarily at the time of	1526
execution, copies of all written instruments prepared by the	1527
auctioneer or auction firm;	1528

(I)(J) Any conduct of an auctioneer whicha person that is	1529
licensed under this chapter that demonstrates bad faith,	1530
dishonesty, incompetency, or untruthfulness;	1531

(J)(K) Any other conduct that constitutes improper,	1532
fraudulent, or dishonest dealings;	1533

(K)(L) Failing prior to the sale at public auction to enter	1534
into a written contract with the owner or consignee of any	1535
property to be sold, containing the terms and conditions upon	1536
which suchthe licensee received the property for saleauction;	1537

(L)(M) The use of any power of attorney to circumvent this	1538
chapter;	1539

(M)(N) Failure to display the sign required under section	1540
4707.22 of the Revised Code and a notice conspicuously at the	1541
clerk's desk or on a bid card that clearly states the terms and	1542
conditions of the sale, the name of the auctioneer or special	1543
auctioneer conducting the sale, and that the auctioneer or special	1544
auctioneer is licensed by the department of agriculture and has	1545
filed a bondauction;	1546

(N)(O) Failure to notify the department of any conviction of	1547
a felony or crime involving fraud within fifteen days of	1548
conviction;	1549

(O) Acting in the capacity of an auctioneer, whether for	1550
valuable consideration or not, for any special auctioneer that is	1551
not licensed under this chapter(P) Aiding an unlicensed person in	1552
the performance of services or acts that require a license under	1553
this chapter;	1554

(Q) The suspension or revocation of a license to engage in	1555
auctioneering or other disciplinary action by the licensing	1556
authority of another state;	1557

(R) The refusal or disapproval by the licensing authority of	1558
another state of an application for a license to engage in	1559
auctioneering;	1560

(S) Failure of a licensee to notify the department of	1561
agriculture within fifteen days of a disciplinary action against	1562
the licensee by another state's applicable governing authority;	1563

(T) Engaging in auctioneering or providing auction services	1564
without a license or during the suspension of a license;	1565

(U) Attempting to cheat or cheating on an auctioneer	1566
examination or aiding another to cheat on an examination.	1567

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

1568

(B) As used in this section, "bid rigging" means a conspiracy	1569
between auctioneers, apprentice auctioneers, special auctioneers,	1570
any participants in an auction, or any other persons who agree not	1571
to bid against each other at an auction or who otherwise conspire	1572
to decrease or increase the number or amounts of bids offered at	1573
auction.	1574

Sec. 4707.16.  (A) The department of agriculture may, upon	1575
its own motion, and shall, upon the verified written complaint of	1576
any person, investigate the actions of any auction firm,	1577
auctioneer, apprentice auctioneer, or special auctioneer, any	1578
applicant for an auction firm's, auctioneer's, apprentice	1579
auctioneer's, or special auctioneer's license, or any person who	1580
assumes to act in that capacity, if the complaint, together with	1581
other evidence presented in connection with it, makes out a	1582
prima-facie case.	1583

If the department determines that any such applicant is not	1584
entitled to receive a license, a license shall not be granted to	1585
suchthe applicant, and if the department determines that any	1586
licensee is guilty of a violation of section 4707.14 or 4707.15 of	1587
the Revised Code, the department may suspend or revoke the	1588
license. Any auction firm, auctioneer, apprentice auctioneer, or	1589
special auctioneer who has had the auction firm's, auctioneer's,	1590
apprentice auctioneer's, or special auctioneer's license revoked	1591
shall not be issued another such license for a period of two years	1592
from the date of revocation.	1593

(B) The department may investigate complaints concerning the	1594
violation of sections 4707.02 and 4707.15 of the Revised Code and	1595
may subpoena witnesses in connection with such investigations as	1596
provided in this section. The department may make application to	1597
the court of common pleas for an order enjoining the violation of	1598
sections 4707.02 and 4707.15 of the Revised Code, and upon a	1599
showing by the department that any licensed auction firm,	1600
auctioneer, apprentice auctioneer, or special auctioneer has	1601
violated or is about to violate section 4707.15 of the Revised	1602
Code, or any person has violated or is about to violate section	1603
4707.02 of the Revised Code, an injunction, restraining order, or	1604
other order as may be appropriate shall be granted by the court.	1605

(C) The department may compel by subpoena the attendance of	1606
witnesses to testify in relation to any matter over which it has	1607
jurisdiction and whichthat is the subject of inquiry and	1608
investigation by it, and require the production of any book,	1609
paper, or document pertaining to suchthat matter. In case any	1610
person fails to file any statement or report, obey any subpoena,	1611
give testimony, or produce any books, records, or papers as	1612
required by such a subpoena, the court of common pleas of any	1613
county in the state, upon application made to it by the	1614
department, shall compel obedience by attachment proceedings for	1615
contempt, as in the case of disobedience of the requirements of a	1616
subpoena issued from suchthat court, or a refusal to testify	1617
therein.	1618

(D) When the department determines that a person not licensed	1619
under this chapter is engaged in or is believed to be engaged in	1620
activities for which a license is required under this chapter, the	1621
department may issue an order to that person requiring the person	1622
to show cause as to why the person should not be subject to	1623
licensing under this chapter. If the department, after a hearing,	1624
determines that the activities in which the person is engaged are	1625
subject to licensing under this chapter, the department may issue	1626
a cease-and-desist order whichthat shall describe the person and	1627
activities whichthat are subject to the order. A cease-and-desist	1628
order issued under this section shall be enforceable in and may be	1629
appealed to the common pleas courts of this state under Chapter	1630
119. of the Revised Code.	1631

(E) In addition to the remedies provided under this section	1632
and irrespective of whether an adequate remedy at law exists, the	1633
department may apply to a court of common pleas for a temporary or	1634
permanent injunction or other appropriate relief for continued	1635
violations of this chapter. For purposes of this division, the	1636
court of common pleas shall be the court of common pleas of	1637
Licking county or the court of common pleas of the county where	1638
the violation occurs.	1639

(F) For purposes of this section, investigative costs	1640
incurred by the department are recoverable either by the issuance	1641
of an administrative order of the department or by an order of a	1642
court of competent jurisdiction.	1643

Sec. 4707.171.  There is hereby created in the state treasury	1644
the auction education fund. SevenUnless otherwise provided in	1645
rules adopted by the director of agriculture under section 4707.19	1646
of the Revised Code, seven dollars and fifty cents of each fee	1647
collected for an initial or renewed auction firm's, auctioneer's,	1648
apprentice auctioneer's, or special auctioneer's license shall be	1649
credited to the auction education fund. All interest earned on	1650
moneys deposited in the state treasury to the credit of the	1651
auction education fund shall be credited to the fund.	1652

The Ohiostate auctioneers commission shall use any moneys	1653
from the auction education fund to advance and underwrite	1654
education and research in the auction field for the benefit of	1655
those licensed under this chapter and the auctioneering public and	1656
to cooperate with associations of auctioneers and other groups for	1657
the education of auctioneers and the advancement of the auction	1658
profession in this state.	1659

Sec. 4707.18.  No person engaged in the business of, or	1660
acting in the capacity of, an auction firm, auctioneer, or special	1661
auctioneer shall bring or maintain any action in the courts of	1662
this state for the collection of compensation for any services	1663
performed as an auction firm or auctioneer without first alleging	1664
and proving that the person was a duly licensed auction firm,	1665
auctioneer, or special auctioneer at the time the alleged cause of	1666
action arose.	1667

Sec. 4707.19. (A) The director of agriculture may adopt	1668
reasonable rules necessary for the implementation of this chapter	1669
in accordance with Chapter 119. of the Revised Code. In addition,	1670
the director shall adopt rules in accordance with Chapter 119. of	1671
the Revised Code that establish the portion of license fees	1672
collected under this chapter that are to be deposited into the	1673
auction recovery fund under section 4707.25 of the Revised Code.	1674
The	1675

No person shall fail to comply with a rule adopted under this	1676
chapter.	1677

(B) The director shall adopt rules that establish a schedule	1678
of civil penalties for violations of this chapter, rules adopted	1679
under it, or orders issued under it. The rules shall provide that	1680
the civil penalty for the first violation of this chapter, rule,	1681
or order shall not exceed five thousand dollars and the civil	1682
penalty for each subsequent offense shall not exceed ten thousand	1683
dollars. In addition, the director, in establishing the schedule	1684
of civil penalties in the rules, shall consider past violations of	1685
this chapter and rules adopted under it, the severity of a	1686
violation, and the amount of actual or potential damage to the	1687
public or the auction profession.	1688

(C) The director, with the advice and consent of the state	1689
auctioneers commission, may adopt rules in accordance with Chapter	1690
119. of the Revised Code that establish either or both of the	1691
following:	1692

(1) Continuing education requirements for a person licensed	1693
under this chapter;	1694

(2) Requirements and standards for continuing education	1695
courses that are provided by an institution to persons licensed	1696
under this chapter.	1697

(D) The department of agriculture may hear testimony in	1698
matters relating to the duties imposed on it, and any person	1699
authorized by the director may administer oaths. The department	1700
may require other proof of the honesty, truthfulness, and good	1701
reputation of any person named in the application for an auction	1702
firm's, auctioneer's, apprentice auctioneer's, or special	1703
auctioneer's license before admitting the applicant to an	1704
examination or issuing a license.	1705

Sec. 4707.20.  (A) No person shall act as an auction firm,	1706
auctioneer, or special auctioneer on a sale at auction until the	1707
person has first entered into a written contract or agreement in	1708
duplicate with the owner or consignee of any property to be sold,	1709
containing the terms and conditions upon which the licensee	1710
receives or accepts the property for sale at auction. The	1711
contracts or agreements shall, for a period of two years, be kept	1712
on file in the office of every person so licensed. No apprentice	1713
auctioneer shall be authorized to enter into such a contract or	1714
agreement without the written consent of the apprentice	1715
auctioneer's sponsoring auctioneer, and all contracts or	1716
agreements shall be made in the name of and on behalf of the	1717
sponsoring auctioneer. In addition, an apprentice auctioneer shall	1718
not enter into an auction contract for the sale of real property	1719
in the name of the sponsoring auctioneer regardless of whether the	1720
apprentice auctioneer is licensed as a real estate broker or	1721
salesperson.	1722

(B) On all contracts or agreements between an auction firm,	1723
auctioneer, or special auctioneer and the owner or consignee,	1724
there shall appear a prominent statement indicating that the	1725
auction firm, auctioneer, or special auctioneer is licensed by the	1726
department of agriculture, and either that the licensee is bonded	1727
in favor of the state or that an aggrieved person may initiate a	1728
claim against the auction recovery fund created in section 4707.25	1729
of the Revised Code as a result of the licensee's actions,	1730
whichever is applicable.	1731

(C) The auction firm, auctioneer, or special auctioneer who	1732
contracts with the owner is liable for the settlement of all money	1733
received, including the payment of all expenses incurred only by	1734
the licensee and the distribution of all funds, in connection with	1735
an auction.	1736

(D) For purposes of this section, a contract or agreement	1737
shall specify all of the following:	1738

(1) The owner of the property to be sold or the owner's agent	1739
or the consignee;	1740

(2) The date of the auction or a termination date of the	1741
contract or agreement;	1742

(3) The location of the auction;

1743

(4) The terms and conditions of the auction;

1744

(5) All of the fees to be charged by the auctioneer or the	1745
auction firm, which shall include commissions, rentals,	1746
advertising, and labor;	1747

(6) An explanation of the settlement of the auction that	1748
includes the disbursement of interest money, if applicable;	1749

(7) A statement establishing the responsibility for bad	1750
checks, debts, and unpaid auction items;	1751

(8) A statement indicating whether the auction is a reserve	1752
auction or an absolute auction. In addition, the statement shall	1753
include the definition of reserve auction or absolute auction from	1754
section 4707.01 of the Revised Code, as applicable.	1755

(9) A statement of the auctioneer's or auction firm's policy	1756
regarding absentee bidding;	1757

(10) A brief description of the real or personal property to	1758
be sold;	1759

(11) If the sale is of real or personal property at absolute	1760
auction, a statement affirming that the seller of the real or	1761
personal property has a bona fide intention to transfer ownership	1762
of the property to the highest bidder.	1763

Sec. 4707.21.  No auction firm, auctioneer, apprentice	1764
auctioneer, or special auctioneer shall willfully neglect or	1765
refuse to furnish the department of agriculture statistics or	1766
other information in the auction firm's, auctioneer's, apprentice	1767
auctioneer's, or special auctioneer's possession or under the	1768
auction firm's, auctioneer's, apprentice auctioneer's, or special	1769
auctioneer's control, whichthat the auction firm, auctioneer,	1770
apprentice auctioneer, or special auctioneer is authorized to	1771
collect; nor shall the auction firm, auctioneer, apprentice	1772
auctioneer, or special auctioneer neglect or refuse, for more than	1773
thirty days, to answer questions submitted on circulars; nor shall	1774
the auction firm, auctioneer, apprentice auctioneer, or special	1775
auctioneer knowingly answer any such questions falsely; nor shall	1776
the auction firm, auctioneer, apprentice auctioneer, or special	1777
auctioneer refuse to obey subpoenas and give testimony. Licensees	1778
shall keep records relative to any auction sale for at least two	1779
years from the date of saleauction. These records shall include	1780
settlement sheets, written contracts, and copies of any	1781
advertising that lists the items for saleauction, as applicable.	1782

Sec. 4707.22. (A) Any auctioneer, apprentice auctioneer, or	1783
special auctioneerperson licensed under this chapter who	1784
advertises, by linear advertisements or otherwise, to hold or	1785
conduct an auction shall indicate in suchthe advertisement his	1786
the licensee's name or the name registered with the department of	1787
agriculture and that hethe licensee is an auctioneer or	1788
apprentice auctioneer. Any apprentice auctioneer who advertises,	1789
as provided in this section, must also shall indicate in histhe	1790
apprentice's advertisement the name of the auctioneer under whom	1791
hethe apprentice is licensed. The name of the auctioneer shall be	1792
displayed in equal prominence with the name of the apprentice	1793
auctioneer in suchthe advertisement. Any such licensee who	1794
advertises in a manner other than as provided in this section is	1795
guilty of violating division (C) of section 4707.15 of the Revised	1796
Code.	1797

(B) An auction firm licensed under this chapter that	1798
advertises, by linear advertisements or otherwise, to solicit or	1799
receive consignments or to provide auction services shall indicate	1800
in the advertisement the name of the auction firm. In addition, an	1801
advertisement of an auction of consignments or an advertisement by	1802
an auction firm of an auction for which the auction firm will	1803
provide auction services shall comply with divisions (A) and (D)	1804
of this section.	1805

(C) If an auction to be advertised is an absolute auction,	1806
all advertisements for the auction shall unequivocally state that	1807
the auction is an absolute auction.	1808

(D) If an advertisement for an auction contains the words	1809
"estate auction," or words to that effect, the person licensed	1810
under this chapter who advertises shall do both of the following:	1811

(1) Enter into an agreement directly with the executor,	1812
administrator, or court appointed designee of the estate property;	1813

(2) List prominently in the advertisement the county in which	1814
the estate is located and the probate court case number of the	1815
estate.	1816

(E) All persons licensed under this chapter that conduct or	1817
are involved in an auction jointly are responsible for the posting	1818
of a sign at the auction. The sign shall contain all of the	1819
following:	1820

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

1821

(2) A statement that the persons are licensed by the	1822
department of agriculture;	1823

(3) The address of the department of agriculture.

1824

The sign shall be posted at the main entrance of the auction,	1825
at the place of registration for the auction, or by the cashier	1826
for the auction. The sign shall be of a size no smaller than eight	1827
and one-half inches by eleven inches. The letters and numbers on	1828
the sign shall be of adequate size to be readily seen by an	1829
individual with normal vision when viewing it.	1830

(F) An advertisement for the sale of real property at auction	1831
shall contain the name of the licensed auctioneer who is entering	1832
into the auction contract and the name of the real estate broker	1833
licensed under Chapter 4735. of the Revised Code who is involved	1834
in the sale. Compliance with this section shall not require a real	1835
estate broker licensed under Chapter 4735. of the Revised Code to	1836
obtain a license under section 4707.073 of the Revised Code.	1837

Sec. 4707.26. (A)(1) A person who asserts that they havethe	1838
person has been aggrieved by the actions of a person licensed	1839
under this chapter that resulted in actual and direct losses to	1840
the aggrieved person may initiate a claim against the auction	1841
recovery fund either under this section or section 4707.261 of the	1842
Revised Code. If an aggrieved person who wishes to seek recovery	1843
from the auction recovery fund has obtained a final judgment in a	1844
court of competent jurisdiction against the licensee, the	1845
aggrieved person shall initiate the claim in accordance with	1846
section 4707.261 of the Revised Code. If an aggrieved person who	1847
wishes to seek recovery from the auction recovery fund has not	1848
obtained a final judgment in a court of competent jurisdiction	1849
against the licensee, the aggrieved person shall initiate the	1850
claim in accordance with this section.	1851

(2) An aggrieved person may initiate a claim against the	1852
auction recovery fund under this section if bothall of the	1853
following apply:	1854

(a) The loss was associated with an act or transaction that	1855
only a person licensed under this chapter lawfully may perform.	1856

(b) The licensee's actions are described in section 4707.15	1857
of the Revised Code or otherwise violate this chapter or rules	1858
adopted under it.	1859

(c) The licensee is not an auction firm.

1860

To initiate a claim against the fund, an aggrieved person	1861
shall file a verified complaint with the department of agriculture	1862
in accordance with section 4707.16 of the Revised Code. The	1863
verified complaint shall include an application to the department	1864
that requests recovery of the applicant's actual and direct losses	1865
and that is made on forms that the department provides. The	1866
application for recovery shall specify the nature of the act or	1867
transaction on which the applicant's claim is based, the actual	1868
and direct losses sustained by the applicant, and any activities	1869
that the applicant has pursued as a remedy for the losses.	1870

(B) Upon receipt of a verified compliantcomplaint and	1871
application, the department shall conduct an investigation in	1872
accordance with section 4707.16 of the Revised Code. After the	1873
investigation, if the department determines that the licensee has	1874
engaged in conduct described in section 4707.15 of the Revised	1875
Code or otherwise has violated this chapter or rules adopted under	1876
it, the department shall propose to take action to suspend or	1877
revoke the licensee's license under section 4707.15 of the Revised	1878
Code or to initiate a criminal action against the licensee under	1879
section 4707.99 of the Revised Code, or both. The department shall	1880
issue a letter to the applicant indicating the department's	1881
proposed action and the date of any hearing that the department	1882
has scheduled regarding the matter.	1883

(C) Upon exhaustion of administrative remedies or criminal	1884
proceedings that results in a finding that the licensee has	1885
engaged in conduct described in section 4707.15 of the Revised	1886
Code or otherwise has violated this chapter or rules adopted under	1887
it, the department shall issue a notice in accordance with Chapter	1888
119. of the Revised Code via certified mail to the applicant	1889
indicating that the applicant may request a hearing for relief	1890
from the auction recovery fund. An applicant who seeks recovery	1891
from the fund of any actual and direct losses suffered as a result	1892
of a licensee's conduct shall submit, not later than thirty days	1893
following receipt of the notice, a request for a hearing to the	1894
department.	1895

Upon the timely receipt of a request for a hearing, the	1896
department shall provide the applicant with the opportunity to	1897
appear at an adjudication hearing to offer proof and evidence of	1898
the actual and direct losses. Whenever possible, the department	1899
shall require all applicants whose claims to the fund arose from	1900
an underlying transaction involving the same licensee to be joined	1901
in one adjudication under this section so that the rights of all	1902
applicants may be equitably adjudicated and settled. On behalf of	1903
the fund, the department may defend claims against the fund and	1904
shall have recourse to all appropriate means of defense and	1905
review, including examination of witnesses, and verification of	1906
actual losses.	1907

(D) Upon the conclusion of the adjudication hearing, the	1908
hearing officer shall issue a report and recommendation in favor	1909
of making payment to an applicant from the fund if, during the	1910
course of the adjudication hearing, all of the following have been	1911
shown:	1912

(1) The licensee has engaged in conduct described in section	1913
4707.15 of the Revised Code or otherwise has violated this chapter	1914
or rules adopted under it.	1915

(2) The licensee's conduct or violation is associated with an	1916
act that only a person licensed under this chapter lawfully may	1917
perform and the act resulted in direct and actual losses to the	1918
applicant.	1919

(3) The applicant filed a verified complaint and application	1920
with the department as required by this section.	1921

(4) The applicant is not the spouse of the licensee nor the	1922
personal representative of the licensee's spouse.	1923

(5) If the licensee either provided an irrevocable letter of	1924
credit or gave bond in accordance with section 4707.11 of the	1925
Revised Code, the applicant first sought recovery under the	1926
irrevocable letter of credit or bond before applying for payment	1927
from the fund.	1928

The amount of any payment from the fund to the applicant	1929
shall consist of an amount that is equal to the portion of the	1930
actual and direct losses incurred by the applicant that remain	1931
unpaid. The amount of the payment is subject to the dollar	1932
limitation established in section 4707.29 of the Revised Code.	1933

If the hearing officer determines that not all of the items	1934
described in divisions (D)(1) to (5) of this section have been	1935
shown during the course of the adjudication hearing, the hearing	1936
officer shall issue a report and recommendation against making	1937
payment from the fund to the applicant.	1938

(E) Pursuant to section 119.09 of the Revised Code, a hearing	1939
officer or the hearing officer's representative shall forward by	1940
certified mail a copy of the hearing officer's written report and	1941
recommendation to the applicant or the applicant's attorney or	1942
other representative not later than five days after the date on	1943
which the report and recommendation are filed.	1944

Not later than ten days after receiving such a copy, the	1945
applicant may file with the department written objections to the	1946
report and recommendation. The department may grant extensions of	1947
time to the applicant within which to file objections.	1948

The objections shall be considered by the department before	1949
it approves, modifies, or disapproves the recommendation. The	1950
department may order additional testimony to be taken or permit	1951
the introduction of further documentary evidence.	1952

The recommendation of the hearing officer may be approved,	1953
modified, or disapproved by order of the director of agriculture.	1954
The order shall not be issued until more than ten days have	1955
elapsed following the applicant's receipt of the report and	1956
recommendation as provided by this section. The director's	1957
approval, modification, or disapproval of the hearing officer's	1958
recommendation shall have the same effect as if the hearing had	1959
been conducted by the director.	1960

No recommendation shall be final until approved, modified, or	1961
disapproved by the director as indicated by the order entered on	1962
the record of proceedings of the department. If the director	1963
modifies or disapproves the recommendations of the hearing	1964
officer, the director shall include in the record of the	1965
proceedings the reasons for the modification or disapproval.	1966

After an order is entered on its journal, the department	1967
shall make payment, if applicable, to the applicant from the	1968
auction recovery fund in accordance with the order and shall	1969
provide to the applicant by certified mail, return receipt	1970
requested, a copy of the order and a statement of the time and	1971
method by which an appeal may be perfected. In addition, the	1972
department shall mail a copy of the order to the attorney or other	1973
representative of the applicant.	1974

(F) An order of the director issued under this section	1975
constitutes a final determination of the director for purposes of	1976
appeal. An applicant who is denied compensation from the auction	1977
recovery fund or who receives an award less than the award	1978
requested may appeal the order of the director. Notices of appeal	1979
shall be filed in the manner provided in section 119.12 of the	1980
Revised Code.	1981

Sec. 4707.32. (A) A person who asserts that the person has	1982
been aggrieved solely by the actions of an auction firm that	1983
resulted in actual and direct losses to the aggrieved person may	1984
seek recovery under the auction firm's financial responsibility	1985
that is required under section 4707.074 of the Revised Code. The	1986
director of agriculture shall adopt rules under section 4707.19 of	1987
the Revised Code that do all of the following:	1988

(1) Establish procedures for filing a claim against an	1989
auction firm's financial responsibility;	1990

(2) Establish procedures that provide for the equitable	1991
disbursement of money for multiple claims against the auction firm	1992
that resulted from the same circumstances;	1993

(3) Establish procedures for providing notice to the	1994
department of agriculture from a person seeking recovery under	1995
this division;	1996

(4) Limit an aggrieved person's recovery to the actual and	1997
direct losses caused by the auction firm.	1998

(B) A person who asserts that the person has been aggrieved	1999
by the actions of both an auction firm and a licensed auctioneer	2000
related to an auction that resulted in actual and direct losses to	2001
the aggrieved person may file a cause of action with a court of	2002
competent jurisdiction claiming that a violation of this chapter	2003
or rules adopted under it resulted in the actual and direct	2004
losses. The court shall determine if there was a violation of this	2005
chapter or rules adopted under it that resulted in those losses.	2006
If the court determines that the auction firm, the licensed	2007
auctioneer, or both violated this chapter or rules adopted under	2008
it and that the violation resulted in the aggrieved person's	2009
actual and direct losses, the court shall determine the percentage	2010
of culpability, in relation to one hundred per cent, that is	2011
attributable to each party to the action from whom the complainant	2012
seeks recovery.	2013

If the court finds that the percentage of culpability that is	2014
attributable to the licensed auctioneer is greater than zero, the	2015
aggrieved person may initiate a claim against the auction recovery	2016
fund in accordance with sections 4707.26 to 4707.31 of the Revised	2017
Code to recover that percentage of the actual and direct losses	2018
sustained by the person. If the court finds that the percentage of	2019
culpability that is attributable to the auction firm is greater	2020
than zero, the aggrieved person may recover that percentage of the	2021
actual and direct losses sustained by the person under the auction	2022
firm's financial responsibility that is required under section	2023
4707.074 of the Revised Code.	2024

The total aggregate amount that is paid to the aggrieved	2025
person from the auction recovery fund and the auction firm's	2026
financial responsibility shall not exceed the actual and direct	2027
losses sustained by the person. In addition, the total aggregate	2028
amount that is paid from the auction recovery fund shall not	2029
exceed the dollar limitations established in section 4707.29 of	2030
the Revised Code, and the total aggregate amount that is paid from	2031
the auction firm's financial responsibility shall not exceed the	2032
dollar limitations established in section 4707.074 of the Revised	2033
Code.	2034

(C) If a person files a cause of action under division (B) of	2035
this section, the person immediately shall send written notice to	2036
the department of agriculture.	2037

Sec. 4707.99.  (A) Whoever acts as an auctioneer, apprentice	2038
auctioneer, or special auctioneer as defined inviolates section	2039
4707.014707.02 of the Revised Code, without first obtaining a	2040
license, upon conviction thereof, shall be fined not less than one	2041
hundred nor more than one thousand dollars, or imprisoned not more	2042
than ninety days, or bothis guilty of a misdemeanor of the first	2043
degree on the first offense and a felony of the fifth degree on	2044
each subsequent offense.	2045

(B) Whoever violates this chapter or any rule promulgated	2046
adopted by the department of agriculture in the administration of	2047
this chapter, for the violation of which no penalty is provided,	2048
shall be fined not less than fifty nor more than two hundred	2049
dollarsis guilty of a misdemeanor of the first degree.	2050

(C) Whoever violates section 4707.151 of the Revised Code	2051
shall be fined not more than fifty thousand dollars, or imprisoned	2052
not more than one year, or bothis guilty of a felony of the fifth	2053
degree on the first offense and a felony of the fourth degree on	2054
each subsequent offense.	2055

(D) Notwithstanding section 1901.31, 1907.20, or 2335.37 of	2056
the Revised Code, the clerk of the court shall transmit to the	2057
treasurer of state for deposit into the state treasury to the	2058
credit of the auction education fund created in section 4707.171	2059
of the Revised Code fifty per cent of any fine imposed under this	2060
section.	2061

Section 2. That existing sections 505.94, 2925.01, 4707.01,	2062
4707.02, 4707.021, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07,	2063
4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111,	2064
4707.12, 4707.14, 4707.15, 4707.151, 4707.16, 4707.171, 4707.18,	2065
4707.19, 4707.20, 4707.21, 4707.22, 4707.26, and 4707.99 of the	2066
Revised Code are hereby repealed.	2067

Section 3.  Section 2925.01 of the Revised Code is presented	2068
in this act as a composite of the section as amended by both Sub.	2069
H.B. 364 and Am. Sub. H.B. 415 of the 124th General Assembly. The	2070
General Assembly, applying the principle stated in division (B) of	2071
section 1.52 of the Revised Code that amendments are to be	2072
harmonized if reasonably capable of simultaneous operation, finds	2073
that the composite is the resulting version of the section in	2074
effect prior to the effective date of the section as presented in	2075
this act.	2076