Louisiana § RS 37:3112 - Powers, duties, authorities, and responsibilities; meeting, quorum

§ RS 37:3112. Powers, duties, authorities, and responsibilities; meeting, quorum

A.  The board shall perform the following duties:

(1)  Examine each applicant desiring to be licensed as an auctioneer in the state of Louisiana.

(2)  Administer a written examination for licensing at least four times each year in the city of Baton Rouge.

(3)  Adopt rules and regulations to govern auctioneers and auction houses in the state of Louisiana.

(4)  Issue, suspend, modify, or revoke licenses to do business in the state of Louisiana.

(5)  Report to the attorney general of the state of Louisiana all persons violating the provisions of this Chapter.

(6)  Repealed by Acts 1997, No. 923, §2.

(7)  Adopt its official seal.

(8)  Furnish, upon request, a copy of Louisiana auction laws and also an accurate list of those states having reciprocity with Louisiana.

B.  The board is authorized to and shall do the following:

(1)(a)  Adopt and enforce rules and regulations, bylaws, and rules of professional conduct as the board may deem necessary and proper to regulate auctions and auction houses under its jurisdiction in the state of Louisiana.

(b)  To provide for the efficient operation of the board; and

(c)  Otherwise to discharge its duties and powers under this Chapter.

(2)  Repealed by Acts 2009, No. 411, §1.

(3)  Authorize any member of the board to make any affidavit necessary to the issuance of any injunction of other legal process authorized under this Chapter or under the rules and regulations of the board.

(4)  Authorize and issue subpoenas to require attendance and testimony and the production of documents for the purpose of enforcing the laws relative to auctions and securing evidence of violations thereof.

(5)  Maintain a current list of licensed auctioneers.

(6)  Except for the position of chairman, select its officers annually.

C.  The board is authorized and may do the following:

(1)  Appoint a qualified executive secretary.

(2)  Employ clerical assistance necessary to carry out the administrative work of the board.

(3)  Employ legal counsel to carry out the provisions of this Chapter, provided that the fees of such counsel and the costs of all proceedings, except criminal prosecutions, are paid by the board from its own funds.

(4)  Incur all necessary and proper expenses.

(5)  Select and appoint investigators to assist the board in investigating complaints filed against any licensed auctioneer.  Such investigators may serve subpoenas, gather data, and investigate complaints in the scope and manner and within the authority prescribed by the board.

D.  The legal counsel of the board, or in his absence any other member of the board, may administer oaths in the taking of testimony upon any matter appertaining to the duties and powers of the board.

E.  The board shall meet bimonthly at regular meetings each year.  A special meeting may be held at such time and place as specified by the executive secretary on call of the chairman or four members.  The executive secretary shall give written notice of all meetings to the members of the board and the interested public.

F.  Four members of the board constitute a quorum for all purposes including the granting or issuance of licenses and the rulemaking and adjudicative functions of the board.

Added by Acts 1983, No. 508, §5.  Acts 1984, No. 780, §2; Acts 1993, No. 498, §1; Acts 1993, No. 584, §1; Acts 1997, No. 923, §§1, 2; Acts 2001, No. 696, §1, eff. June 25, 2001; Acts 2009, No. 411, §1.