TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

AUCTIONEERS BOARD

Final Regulation

Title of Regulation: 18VAC25-21. Regulations of the Virginia Auctioneers Board (amending 18VAC25-21-20, 18VAC25-21-50, 18VAC25-21-180).

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.

Effective Date: November 5, 2025.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, fax (866) 465-6206, or email auctioneers@dpor.virginia.gov.

Summary:

Pursuant to Chapter 505 of the 2025 Acts of Assembly, which prohibits regulatory boards from denying licenses, certifications, or registrations based on vague or arbitrary terms and requires the regulatory board to provide written notice specifying offenses, their relevance to the profession, and how rehabilitation was considered when an applicant is denied due to a criminal record, the amendments require applicants to disclose misdemeanor convictions involving dishonest or fraudulent acts and stipulate that licensees may be subject to discipline if convicted or found guilty of any misdemeanor involving dishonest or fraudulent acts.

18VAC25-21-20. Licensure by examination for individuals.

All persons or firms as defined in § 54.1-600 of the Code of Virginia who conduct auctions or offer their services to sell at auction in the Commonwealth are required to file a licensure application and pay the specified fee to the board. In addition to the requirements established in § 54.1-603 of the Code of Virginia, applicants for individual licensure must meet the following requirements:

1. Be at least 18 years of age.

2. In accordance with § 54.1-204 of the Code of Virginia, disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Non-marijuana misdemeanors involving moral turpitude dishonest or fraudulent acts, sexual offenses, drug distribution, or physical injury within three years of the date of the application; and

b. All felony convictions within 10 years of the date of application.

The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

3. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

18VAC25-21-50. Application.

A. All applicants seeking licensure must submit a complete application with the appropriate fees attached. Applicants will be notified if the application is incomplete.

B. 1. For any corporation, limited liability company, or other entity, the application must include copies of the certificate of incorporation or certificate of organization issued by the Virginia State Corporation Commission, articles, and bylaws.

2. For any foreign corporation, foreign limited liability company, or other entity, the application must include copies of the certificate of authority to conduct business issued by the Virginia State Corporation Commission, which will be required in lieu of the certificates as required by subdivision 1 of this subsection.

3. In accordance with § 54.1-204 of the Code of Virginia, any entity must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Non-marijuana misdemeanors involving moral turpitude dishonest or fraudulent acts, sexual offenses, drug distribution, or physical injury within three years of the date of the application; and

b. All felony convictions within 10 years of the date of application.

The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

4. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

18VAC25-21-180. Discipline.

The board has the power to fine any individual or firm licensee or to suspend or revoke any license issued under the provisions of Chapter 6 (§ 54.1-600 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) if it the board finds that:

1. The license was obtained, renewed, or reinstated through fraud or misrepresentation;

2. The licensee has been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States, of a non-marijuana misdemeanor involving moral turpitude dishonest or fraudulent acts or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of prior criminal convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia;

3. The licensee has been found by any regulatory board, agency, or jurisdiction where licensed to have had a license or registration suspended, revoked, or surrendered in connection with a disciplinary action, to have been the subject of discipline in another jurisdiction, or to have violated any applicable regulations or laws in the course of performing auctioneer duties;

4. The licensee has not demonstrated reasonable care, judgment, or application of his the licensee's knowledge and ability in the performance of auctioneering duties;

5. The licensee violated or assisted another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 6 of Title 54.1 of the Code of Virginia, this chapter, or combined or conspired with or acted as agent, partner, or associate for another; or

6. The licensee fails to comply, or misrepresents any information pertaining to the licensee's compliance, with any of the continuing education requirements contained in this chapter.

FORMS (18VAC25-21)

Auctioneer License by Examination Application, A429-2907EXLIC-v4 (rev. 6/2015)

Auctioneer License by Examination Application, A429-2907LIC-v8 (rev. 11/2025)

Auctioneer Surety Bond Form, 2905_07BOND (rev. 4/2010)

Auctioneer Firm License Application, 2908LIC (rev. 11/2008)

Auctioneer Firm License Application, A429-2908LIC-v3 (rev. 11/2025)

Auction Firm Surety Bond Form, 2906_08BOND (rev. 11/2008)

States with Approved Reciprocal Agreements, 29RECST (rev. 2/2012)

Virginia Approved Auctioneering Schools, 29SCHLST (rev. 9/2013)

School of Auctioneering - Course Approval Application, A429-29CRS-v3 (rev. 10/2025)

Auctioneer License By Reciprocity Application, 2907RECLIC (rev. 11/2008)

Auctioneer License Reinstatement Application, 2905_07REI (rev. 11/2008)

Auctioneer License by Reciprocity Application, A429-2907RECLIC-v2 (rev. 11/2025)

Auctioneer License Reinstatement Application, A429-2905_07REI-v2 (rev. 11/2025)

Application for Continuing Education Course Approval, A429-29CECRS-v4 (rev. 10/2025)

Auctioneer Firm License Renewal Form, 2906_08REN (eff. 11/2008)

Individual Auctioneer License Renewal Form, 2905_07REN (eff. 11/2008)

Continuing Education Medical Exemption Request, 2905_07CEXMP (eff. 11/2008)

Criminal Conviction Reporting Form, A406-01CCR-v2 (rev. 9/2015)

Disciplinary Action Reporting Form, A406-01DAR-v1 (5/2015)

Auctioneer Universal License Recognition (ULR) Application, A429-2907ULR-v2 (rev. 11/2025)