Section 34-4-50
Appointment; composition; powers and duties; expenses; seal; public records.
(a) The Governor shall appoint a State Board of Auctioneers to be comprised of seven auctioneer members and one consumer member. All appointments shall be for a term of five years, with each auctioneer member appointed being a resident of a different congressional district and the consumer member being a resident of and appointed from the state at-large. Appointments shall end on the anniversary date of the original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. No member shall serve more than two consecutive terms of office. Each member of the board and his or her successor shall have been a resident of this state for at least five years prior to his or her appointment. Each auctioneer member of the board and his or her successor shall have been a licensed auctioneer in this state for at least five years. In the event a district has no qualified candidate for appointment, the appointment may come from the state at-large. Each member shall hold office until his or her successor is appointed by the Governor. The Governor shall coordinate his or her appointments so that diversity of gender, race, and geographical area is reflective of the makeup of this state.
(b) Each auctioneer member of the board shall be of good moral character and shall have been licensed by the board and actively engaged in the auction business for at least five years prior to the appointment.
(c) On the appointment of a new auctioneer board member, the board, at its next meeting, shall elect one of its members as chair, one member as vice-chair, one member as secretary, and any other officers deemed necessary. The board may do all things necessary and convenient for carrying into effect this chapter. The board may adopt rules not inconsistent with this chapter or other general laws of the state.
(d) Except as otherwise provided in Section 34-4-53, members of the board, board staff, and board attorneys shall receive the same per diem and travel allowance paid to state employees for each day they meet to conduct the official business of the board.
(e) The board may employ an administrator who shall be exempt from the classified service of the state, and other staff members necessary to discharge board duties and administer this chapter. The administrator shall be employed on the basis of his or her education, experience, and skills in administration and management. The board shall determine the duties and fix the compensation of the administrator and other staff members, subject to the general laws of the state.
(f) The board shall provide by rule for the investigation of any auction activity that is being promoted, managed, or supervised by unlicensed individuals in violation of this chapter and may employ an investigator to assist the board in enforcement of the laws, rules, and policies adopted thereunder. The investigator shall be employed on the basis of his or her education, experience, and skills in law enforcement. The board shall determine the duties and fix the compensation of the investigator, subject to the general laws of the state.
(g) The board shall adopt a seal by which the board shall authenticate records and documents. On the seal shall be the words State Board of Auctioneers. Copies of all records and documents in the office of the board that are duly certified and authenticated by the seal of the board shall be received in evidence in all courts equally and with the same effect as the original. All public records kept in the office of the board shall be open to public inspection during reasonable hours.
(h) Each board member shall be accountable to the Governor for the proper performance of his or her duties as a member of the board. The Governor shall investigate any complaints or unfavorable reports concerning the actions of the board and take appropriate action thereon, including removal of any board member for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, or permanent inability to perform official duties. A board member may be removed at the request of the board for failing to attend four consecutive, properly noticed meetings.
(Acts 1973, No. 811, p. 1236, §6; Acts 1981, No. 81-378, p. 555, §4; Acts 1988, No. 88-138, p. 201, §3; Acts 1992, No. 92-119, p. 197, §3; Act 98-271, p. 440, §1; Act 2004-74, p. 94, §3; Act 2016-63, p. 86, §3; Act 2021-438, §1.)