As an agency of the State of North Carolina, the primary purpose of the North Carolina Auctioneer Licensing Board is to protect the public. Thus, this Board is charged with the duty to protect the consumer and the profession by an unbiased review of allegations against licensed auctioneers, apprentice auctioneers, and auction firms - as well as working to ensure that those engaged in the auction profession meet the requirements for licensure.
Prior to filing a formal complaint it is recommended that you review the current laws and rules which can also be found on this website.
To file a formal complaint, the complainant (consumer) must complete the complaint form, have their signature notarized on the form, provide any applicable supporting documentation (i.e. copies of newspaper advertisements, contracts, final settlement statements, witness information, receipts, cancelled checks, list and description of consigned property, written correspondence with the licensee, photographs, and videos) and mail to the Board. The Board’s Investigator will provide the complainant a response receipting for the complaint. The Board’s Investigator will also provide the respondent (licensee) a copy of the complaint and he will request a written response.
Once a full unbiased investigation is completed, the results of the investigation are then submitted to the Board’s Probable Cause Subcommittee, who recommends to the Board if there is evidence to prove violations of the North Carolina Auctioneer Licensing Board’s Laws and Rules.
The facts in a complaint against a licensee must constitute prima facie evidence. This means that evidence is sufficient to establish an allegation as reasonably probable or a strong appearance of a wrongful act. If the Subcommittee’s recommendation is that there is probable cause that a violation(s) has occurred, that recommendation will be forwarded to the full Board.
At the next regular monthly meeting, the Board considers the recommendation of the Probable Cause Subcommittee and either accepts it or rejects it. If the Board accepts that no probable cause was found, then the case is dismissed and all parties are notified. If the Board accepts that there is probable cause and that one or more violations has occurred, then the complainant is notified as such and licensee is presented with a Statement Of Charges and Notice of Hearing. Attendance at a Hearing by the complainant is allowed, though not required. If at the conclusion of the Hearing the Board finds that one or more violations has occurred, then the Board will also take whatever disciplinary action it feels is warranted in that specific case. A licensee found to have committed one or more violations with resulting disciplinary actions has the right to appear the Board’s decision to North Carolina Superior Court. Once all legal proceedings are complete, the complainant (consumer) is notified.
Please note that the investigation of a complaint can be a time-consuming process and it may be several months before an investigation is completed, a decision is reached, and all legal proceedings are complete.
To download the complaint form click the link:www.ncalb.org/pdfs/complaint_form.pdf