The TDLR Auctioneer Advisory Board voted unanimously to recommend that the commission adopt an updated enforcement plan that revises penalty ranges and adds violations tied to a statutory requirement that auctioneers provide written contracts and itemized inventories.

The enforcement plan, presented by Rebecca Burkhalter, senior prosecutor in TDLR’s enforcement division, replaces a tiered “first/second/third violation” structure with a four‑class system (A–D) and assigns dollar ranges and possible suspensions or revocations to each class. Burkhalter said the matrix also adds violations reflecting a statutory change requiring auctioneers to provide written contracts with terms, an itemized inventory of property being auctioned and documented amendments.

"This law has already passed. It is already in effect," Burkhalter said, explaining why the new items were added to the penalty matrix rather than creating new law.

Why it matters: enforcement staff told the board that consolidating offense categories gives prosecutors discretion to select a penalty that fits the facts while still enabling tougher penalties for serious or repeated violations. Under the proposal, Class A violations could draw a warning to $1,500; Class B $1,000–$3,000 and up to one year suspension; Class C $2,000–$5,000 up to revocation per violation; and Class D could lead to revocation.

Enforcement staff also reviewed two case summaries from fiscal year 2025, including a default order and a recovery fund order that staff said both involved the same respondent. Board members asked whether the respondent’s license was effectively suspended after the recovery fund payment. Burkhalter said the respondent had a hold on the license and the agency treats unpaid enforcement penalties and recovery‑fund reimbursement as barriers to renewal. Licensing staff later confirmed that a hold was reflected and the license could not be renewed until required payments were made.

Board action: A motion to approve the enforcement plan as written passed on a roll‑call vote. The recorded yes votes were entered for the present members as recorded during the roll call.

Next steps: Staff will forward the advisory board’s recommendation to the commission for final approval and implement the updated penalty matrix in enforcement charging guidance.