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Tennessee Auctioneer Commission adopts clerical rule amendments, forwards package for legal review
Summary
The Tennessee Auctioneer Commission on May 19 adopted a set of largely clerical amendments to licensing, examination and continuing-education rules and took required procedural votes to forward the package to the attorney general and secretary of state for review and publication.
The Tennessee Auctioneer Commission adopted a package of rule amendments May 19 that the agency said largely clarifies licensing, examination and continuing-education procedures and replaces its civil-penalty schedule with statutory-based ranges.
The changes, presented at a public rulemaking hearing, include simplified examination provisions, replacement of a detailed civil-penalty schedule with a statutory range of $0 to $1,000 for violations of a statute, rule or order and $0 to $2,500 for unlicensed activity, edits to the fee schedule removing reexamination fees, edits to the retirement-of-license language, and tighter language saying licensees will receive credit only for courses and programs approved by the commission. The package also updates rules on withdrawal of program approval and the commission's control-and-reporting requirements for continuing-education providers.
Commission counsel Anna Matlock said most amendments are clerical and do not create additional licensure standards. The commission held the hearing after public notice and published the full proposed rule text on the Tennessee Administrative Register on Jan. 13, 2025; program staff also emailed licensees on Jan. 14, 2025 with a link to the Microsoft Teams hearing.
By roll call, commissioners approved the hearing procedural language, adopted the statutory regulatory flexibility addendum and accepted the commission's impact-on-local-government statement required by Tennessee Code Annotated. The package, as adopted by the commission, will be submitted to the governor's office, then to the attorney general's office for a legal review. If the attorney general approves, the rules will be filed with the Tennessee Secretary of State; the rules remain on file for 90 days before the effective date and also go to the Joint Government Operations Committee for review.
Commissioners who voted in favor were Ed Knight, Jeff Morris and Jay White.
The commission read and adopted the statutorily required responses for the Joint Government Operations Committee, noting there are no known federal requirements mandating the amendments and no known attorney-general opinions or judicial rulings requiring the changes. Staff said there is no expected increase or decrease in state or local revenues from the rule package and that the amendments are intended to simplify and clarify existing requirements for licensees.
The commission concluded the hearing and directed staff to file the rulemaking package for the next steps of executive and legal review.
The hearing record states that the proposed rules were posted to the Secretary of State and the commission's website and that staff will provide contact information for Anna Matlock and Roxanna Gamusio for any follow-up from the Joint Government Operations Committee.
