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 of the item being auctioned, 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. If a licensee should commit a minor offense found in paragraph (A) of this rule more than five times in a twelve month period each subsequent offense shall be considered a major offense according to paragraph (C)(2) of this rule.

(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) A minor offense found in paragraph (A) of this rule which the licensee has violated more than five times in a twelve month period;

(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.

Effective: 7/4/2015
Five Year Review (FYR) Dates: 04/10/2015 and 07/04/2020
Promulgated Under: 119.03
Statutory Authority: 4707.19
Rule Amplifies: 4707.99
Prior Effective Dates: 3/21/2006