Rule-Making Notices (Hearing Notices)

Explanation of agency authority

The Department of Regulation and Licensing has the authority under section 480.08 (6) to promulgate rules relating to auctioneer continuing education.

Related statute or rule

There are no other statutes or rules other than those listed.

Plain language analysis

Section 1 amends RL 128.03 (1) (b) to allow the 7 hours update Uniform Standards of Professional Appraisal Practice (USPAP) course be approved as continuing education for those individuals licensed as both auctioneers and real estate appraisers.

Section 2 creates RL 128.04 (6) (c) which adds appraisers, who are approved by the Appraiser Qualifications Board of the Appraisal Foundation, to the list of those who are approved to be continuing education instructors.

Summary of and preliminary comparison with existing or proposed federal regulation

No existing or proposed federal regulation.

Comparison with rules in adjacent states

Illinois:

Courses must be provided by a school approved and licensed in accordance with the Auction License Act and the rules for the Administration of the Auction License Act. Courses must be developed and presented by persons with education or experience in the subject of the continuing education courses. “Real Estate School Approved under Article 30 of the Real Estate License Act of 2000" is one type of approved school. Section 1440.310, Rules for Administration of the Auction Act.

Iowa:

Does not require a license for auctioneers.

Michigan:

Registered auctioneer license is available but voluntary. No CE requirement.

Minnesota:

Requires a license in the county of residence. No CE requirement.

Summary of factual data and analytical methodologies

Many auctioneers are dually-licensed as real estate appraisers. Licensed and certified real estate appraisers are required to take a 7-hour national Uniform Standards of Professional Appraisal Practice (USPAP) update course every biennium to maintain their license status. Auctioneers who are also dually licensed as real estate appraisers would like to be able claim credit for the USPAP course to assist in meeting their biennial continuing education credits as auctioneers. This is business-friendly as independent practitioners and businesses will be able to reduce the costs of complying with continuing education requirements. It also benefits dually-licensed auctioneers as it provides a greater variety of continuing education courses that they may take to meet their biennial requirements.

Analysis and supporting documentation used to determine effect on small business

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Small Business Impact

These proposed rules were reviewed by the Small Business Review Advisory Committee and it was determined that the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Fiscal Estimate

The department estimates that the proposed rule will have no significant fiscal impact.

Anticipated costs incurred by the private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Contact Person

Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].