901:8-2-08 Classification of offenses; investigative costs and civil penalties.

(A) A minor offense includes but is not limited to:

(1) Financial harm to the owner, consignor or public in an amount up to one thousand dollars;

(2) Failure to produce copies of documents;

(3) Failure to display required notices;

(4) Minor advertising violations; and

(5) Failure to enter into a contract (first offense only).

(B) The department may assess a civil penalty up to one hundred dollars for the first minor offense and up to two hundred dollars for each subsequent minor offense.

(C) A major offense includes but is not limited to:

(1) Financial harm to the owner, consignor or public amounting from one thousand one dollars to five thousand dollars;

(2) Repeated minor offenses;

(3) Acting without a license as an auctioneer, apprentice auctioneer, corporation, partnership, unincorporated association or auction firm;

(4) Moderate or continuing advertising violations; and

(5) Bad faith, dishonesty, or failure to return funds or property pursuant to the terms of a contract, or failure to return funds or property within the required fifteen day return period.

(D) The department may assess a civil penalty of one hundred dollars and up to five hundred dollars for the first major violation. The department may assess a civil penalty of five hundred dollars and up to thousand dollars for each subsequent major violation.

(E) A serious offense includes, but is not limited to:

(1) Financial loss to the owner, consignor or public in an amount of five thousand one dollars and over;

(2) Failure to report a conviction of a felony or fraud;

(3) Fraud, theft, commingling of funds, bid rigging or misrepresentation;

(4) Providing false information on a license application; and

(5) Continued failure to return funds or property pursuant to the terms of a contract, or continued failure to return funds and property within the required fifteen day period.

(F) The department may assess a civil penalty of one thousand dollars and up to five thousand dollars for the first serious violation. The department may assess a civil penalty of five thousand dollars and up to ten thousand dollars for each subsequent serious violation.

(G) All money received from civil penalties collected under this section shall be equally divided and deposited to the auctioneer education fund created in section 4707.171 of the Revised Code and to the auctioneer recovery fund created in section 4707.25 of the Revised Code.

R.C. 119.032 review dates: 06/23/2011 and 06/23/2016
Promulgated Under: 119.03
Statutory Authority: 4707.19
Rule Amplifies: 4707.99
Prior Effective Dates: 10/16/2006