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 law 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 supporting documentation (i.e. 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 Investigations Coordinator will provide the complainant (consumer) a response receipting for the complaint. The Board’s Investigations Coordinator will also provide the respondent (licensee) a copy of the complaint and he will request a written response.
The case is then assigned to a Board Investigator. 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 Law 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, the Subcommittee can recommend to the Board that disciplinary action is necessary.
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 disciplinary action is necessary, the respondent (licensee) is contacted and can either accept the Board’s decision or appeal the Board’s decision. 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