SECTION 1. RL 121.025 is created to read:
RL 121.025 Temporary registration. A temporary registration certificate issued under s. 480.08 (7), Stats., shall be valid for no more than 60 days after the date that the applicant has filed an application for registration as an auctioneer with the department.
SECTION 2. The Note following s. RL 125.03 is amended to read:
Note: This provision applies only to registrants not required to maintain a trust account. Registrants for whom a trust account is required must use the trust account bookkeeping system described in s. RL 125.11 125.12.
SECTION 3. RL 126.02 (13) is amended to read:
RL 126.02 (13) If a buyer's fee or surcharge is a condition of sale, failing to post written notice at the location where the auction is to be conducted, prior to the commencement of an auction, of the percentage or other amount of the buyer's premium fee or surcharge.
SECTION 4. RL 126.03 is created to read:
RL 126.03 Effect of suspension or revocation on registrant. (1) An auctioneer or auction company whose registration has been suspended or revoked shall notify all persons with whom the auctioneer or auction company has a contract for services to be performed during the period of suspension or following revocation. The notice shall be in writing, state that the registration of the auctioneer or auction company has been suspended or revoked, and describe the terms of the suspension or revocation.
(2) An auctioneer or auction company whose registration has been suspended or revoked by the board may not engage in the following activities during the term of the suspension or revocation:
(a) Call an auction by calling for, recognizing, or accepting offers for the purchase of goods or real estate at an auction.
(b) Advertise, represent or otherwise hold out as being available to call or manage an auction.
(c) Advertise, represent or otherwise hold out as being an auctioneer or auction company or use the title “auctioneer," “registered auctioneer," “certified auctioneer," “licensed auctioneer," “
auction company," auction sales staff," “auction team member" or any similar title.
(d) Solicit, negotiate or enter into any auction contract, auction listing, auction consignment, or related auction agreement, including assisting or aiding another registrant to perform auction-related duties.
(e) Perform, manage or supervise any of the following:
1. Call for bids at any type of auction, including auctions under s. 480.02 (2) (a) to (h), Stats.
2. Work as, or perform duties related to, an auction cashier, an auction clerk, or an auction ring person or grounds person, including bid-relaying or spotting, merchandise displaying, or assisting the auctioneer or auction staff before, during or after the conducting of an auction.
3. Oversee, in any manner, the conducting of any auction.
4. Accept any form of referral fee, finder's fee, commission, commission sharing or splitting, or related compensation from any auctioneer, auction company, or auctioneer-related professional.
5. Participate in any form of auctioneer-related bid-calling, bid calling contests or competitions, either as a contestant, judge, master of ceremonies or in any other capacity.
6. Suggest or imply to the public, privately or through advertising, that he or she is able to perform any of the activities in subds. 1. to 5.
(3) An auctioneer or auction company may not employ, retain or otherwise utilize an auctioneer or auction company whose registration has been suspended or revoked to perform any auction-related activity described in sub. (2). This section does not prohibit an auctioneer or auction company from contracting to perform services that an auctioneer or auction company is unable to perform because of a registration suspension or revocation and which the auctioneer or auction company contracted to perform prior to the license suspension or revocation.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone: (608) 266-0495
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
(CR 00-50):
SS. A-E 2.02, 4.05, 6.04 and 6.05 - Relating to registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.
Ch. Comm 43 - Relating to anhydrous ammonia.
Professional Geologists, Hydrologists and Soil Scientists Examining Board
(CR 00-64):
SS. GHSS 2.06, 3.05 and 4.05 - Relating to experience requirements prior to sitting for the fundamentals examination.
Ch. HFS 12 - Relating to uniform procedures for caregiver background checks.
Chs. HFS 10, 68, 82, 83, 88, 89, 105, 107, 124, 132 and 134 -
Relating to eligibility and entitlement for the family care benefit, application for the benefit, cost-sharing requirements, standards for aging and disability resource centers and for care management organizations, protections of the rights of family care applicants and enrollees, recovery of correctly- and incorrectly-paid family care benefits, and requirements for hospitals, nursing homes, community-based residential facilities (CBRFs), residential care apartment complexes, and adult family homes to provide information to certain patients, residents and prospective residents and to refer them to aging and disability resource centers.
S. Ins 6.59 - Relating to the exemption of attorneys seeking licensure for title insurance from certain testing requirements.
S. Phar 7.05 - Relating to transfer of prescription orders.
Chs. Trans 4 and 8 - Relating to the state public transit operating assistance program; to the use of fully-allocated costs in the competitive bid process; and to allocation of federal public transit assistance program funds to urbanized areas under 200,000 population.
SS. Trans 327.03 and 327.09 - Relating to motor carrier safety requirements.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order creating s. CSB 2.25, relating to the scheduling of certain drugs under ch. 961, Stats., the Uniform Controlled Substances Act.
Effective 08-01-00.
An order affecting ss. DOC 303.75, 303.76 and 303.81, relating to notices of disciplinary hearings to inmates.
Part effective 08-01-00.
An order affecting s. ETF 10.63, relating to due dates for ETF programs.
Effective 08-01-00.
Employment Relations--Merit Recruitment and Selection
(CR 99-167):
An order affecting ss. ER-MRS 6.08 and 11.04, relating to release of examination information and removal of names from employment registers.
Effective 08-01-00.
An order affecting chs. HFS 61, 62 and 75, relating to standards for community substance abuse services.
Effective 08-01-00.
An order affecting ch. HFS 50, relating to the adoption assistance program for families that adopt children with special needs.
Effective 08-01-00.
Insurance, Commissioner of
(CR 00-6):
