TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
AUCTIONEERS BOARD
Final Regulation
REGISTRAR'S NOTICE: The Auctioneers Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC25-21. Regulations of the Auctioneers Board (amending 18VAC25-21-180).
Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.
Effective Date: November 1, 2026.
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:
The amendments conform the regulation to statutory changes made by Chapter 772 of the 2026 Acts of Assembly, which permits regulatory boards under the Department of Professional and Occupational Regulation to take disciplinary cases under advisement as provided for in § 54.1-201 A 7 of the Code of Virginia. The amendments also adjust board authority to impose regulatory discipline, clarifying that the board may fine, suspend a license of, place on probation, refuse to renew a license of, or revoke a license of a regulant.
18VAC25-21-180. Discipline.
The A. In accordance with § 54.1-902 of the Code of Virginia, the board has the power to fine any individual or firm licensee or to (i) suspend, (ii) place on probation, (iii) fail to renew, or (iv) 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 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 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 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.
B. The board may also take a case against a licensee under advisement as provided for in § 54.1-201 A 7 of the Code of Virginia.
VA.R. Doc. No. R27-8750; Filed August 11, 2026