Disciplinary Results

Wagner, Robert Christopher   NCAL# 9408  (Kernersville, NC)

Effective January 2, 2018, licensed auctioneer Robert Christopher Wagner and licensed auction firm RCW Auctions, Inc. were issued a Letter of Reprimand for violations of NCGS 85B-7 (b) Each licensee shall maintain consignment records and enter in them, upon receipt of goods for auction and before sale, the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. The consignment record shall contain an adequate description of the goods to be sold and shall be sufficient to positively identify each item. Consignment records shall be open for inspection by the Commission or its designated agent at reasonable times; NCGS 85B-7.1 (a) Each licensee who does not disburse all funds to the seller on auction day shall maintain a trust or escrow account and shall deposit in the account all funds that are received for the benefit of another person and are not disbursed to the seller on auction day. The licensee shall deposit funds that are not disbursed on auction day with an insured bank or savings and loan association located in North Carolina. At or before the time of all final settlements, the auctioneer shall provide the seller or consignor with a settlement statement, which includes a description of all goods sold, the selling price of the goods sold, the net proceeds due to the seller or consignor, the name and address of the person receiving the disbursement, and the amount of the disbursement. All settlement statements shall be signed by the licensee or the licensees agent and by the person receiving the disbursement; NCGS 85B-8 (a) (10) Failure to properly make any disclosure or to provide documents or information required by this Chapter or by the Commission; 21 NCAC 4B .0604(c) The consignment records shall be kept by the licensee for a period of two years from the date of the auction; and 21NCAC 4B.0604 (g) All required records shall be open for inspection by the Commission or its designated agent at reasonable time, or copies of the same shall be provided to the Commission or its designated agent upon written request. Robert Christopher Wagner, individually and on behalf of the licensed auction firm, waived the right to appeal as allowed by law and agreed to the Board`s findings of violations.


Wayne Evans Auction Co., Inc. , Richard Wayne Evans  NCAL# 7555 and 5078  (Columbus, GA)

Effective November 1, 2010, Wayne Evans Auction Co., Inc. and Richard Wayne Evans, auctioneer #5078 licenses were revoked for failing to provide a written settlement statement and failing to pay proceeds to seller from three autions. This is a vioation of G.S. 85B-7.1(a); G.S. 85B-7.1(b); and G.S. 85B-8(a)(3). Mr. Evans waived his right to appeal as allowed by law and agreed to the Board`s findings of the violations.


White, Randolph H.  NCAL# 5453  (Raleigh, NC)

Effective May 25, 2002, Randolph White's auctioneer license was suspended indefinitely for failure to completely cooperate with an investigation; for violating an order of the Auctioneer Licensing Board requiring him to comply with provisions of the Board's law or administrative rules; and for engaging in unprofessional conduct. Following an investigation into this matter, the Board found probable cause to suspend or revoke Randolph White's auctioneer license and referred the matter to the Office of Administrative Hearings as prescribed by Chapter 150B. Randolph White failed to respond as required and the Board suspended Randolph White's license indefinitely as allowed by law.


Whittington, Richard Odell  NCAL# 8424  (Wilksboro, NC)

Effective May 1, 2015 Mr. Whittington, NCAL #8424 license was suspended for a period of 6 months for violation of NCGS 85B-4(g) Failure to obtain an auction firm license; NCGS 85B-7(b) Each licensee shall maintain consignment records and enter in them, upon receipt of goods for auction and before sale, the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. The consignment record shall contain an adequate description of the goods to be sold and shall be sufficient to positively identify each item; NCGS 85-7(d) Each licensee shall maintain sales records, which identify the purchaser of all goods sold by name, address, and when possible, telephone number. The sales records shall contain an adequate description of the items sold and must be sufficient to positively identify the owner of the property; NCGS 85B-7.1(a) All settlement statements shall be signed by the licensee or the licensees agent and by the person receiving the disbursement; 21 NCAC 4B .0601(a) All licensees shall notify the Board in writing of each change or addition of residence of or business address (including mailing address) and change of trade name, assumed name, or combination of names under which the licensee conducts business related to auctions; and, 21 NCAC 4B.0603(g) Failure to supply information to a seller. A Consent Order was signed by both parties on April 13, 2015, in which Mr. Whittington's auctioneer license be suspended for a period of six months beginning on May 1 2015. However, after the first three months of suspension, if Mr. Whittington shall have complied with all of the terms of the suspension, the remaining three months of suspension will be commuted and abated and Mr. Whittington will be allowed to be reissued an auctioneer's license if 1) Surrendered his auctioneer license license on or before May 1, 2015; 2) Does not conduct any auctioneer activities during the first three months of active suspension (May 1, 2015 - July 31, 2015); 3) Has met all current licensing conditions; 4) Relinquished his continuing education teaching credentials on or before May 1,2015; 5) During the first three months of active suspension, Whittington may reapply for his license, may attend auctioneer school and take the auctioneer licensing test, however, said license will not be issued before August 1, 2015. All conditions were met.


Wilson & Terry Auction Company  NCAL# 6909  (Weaverville, NC)

Wilson & Terry Auction Company voluntarily surrendered its auction firm license effective March 2, 2017. Pursuant to formal complaints having been filed prior to the license surrender and as a result of the completed investigation, the Board found that probable cause existed to find that the licensee violated NCGS 85B-8(a)(3) Any failure to account for or to pay over within a reasonable time, not to exceed 30 days, funds belonging to another which have come into the licensees possession through an auction sale, and that the licensee violated NCGS 85B-8(a)(10) Failure to properly make any disclosures or to provide documents or information required by this Chapter or by the Commission, which would have substantiated a disciplinary finding of revocation, but for the license having been previously surrendered.