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Some states (maybe 13 or so) require auctioneers to take continuing education (CE) periodically. The balance of other states either do not license auctioneers or do, but require no CE.

We’ve held every auctioneer should take periodic continuing education: https://mikebrandlyauctioneer.wordpress.com/2017/06/08/where-is-auctioneer-ce-needed-everywhere/. It’s clear that when continuing education is not mandatory, it’s often avoided.

Today, we explore more governmental (licensing agency) unconscionable behavior and related hypocrisy in that a state with no continuing education requirement is requiring a specific auctioneer to take continuing education.

This is a result of him not entering into a written contract with his seller (a state requirement) and discarding unsold property without authority. Of course, at this point, the auction has already taken place and the unsold property is gone.

Wouldn’t it have been better if this state had required this auctioneer (and all auctioneers) to take periodic continuing education? Maybe better for the public’s protection, but maybe not for the licensing agency?

We’ve argued that some license agencies are more worried about their own job preservation than protecting the public. We wrote about that here: https://mikebrandlyauctioneer.wordpress.com/2015/03/25/two-types-of-auctioneer-regulators/.

Further, some license agencies — who are empowered to suspend or revoke licenses, issue fines, etc., won’t even help auctioneers understand or clarify the laws which regulate them: https://mikebrandlyauctioneer.wordpress.com/2016/05/11/auctioneer-regulation-authoritarianism/.

While we have held that auctioneer licensing is good and bad (https://mikebrandlyauctioneer.wordpress.com/2009/12/25/auctioneer-licensing-good-or-bad/) there is some more recent interest in eliminating unnecessary (or ineffective) occupational licensing: https://mikebrandlyauctioneer.wordpress.com/2020/12/21/the-white-house-and-occupational-licensing/.

It would be difficult for any state to require auctioneers to take continuing education without statewide licensing. However, a better licensing structure that truly is concerned with public protection and thus auctioneer education would be better than many states’ current models.

Lastly, there are a few states which license “live” auctioneers but don’t license “online” auctioneers. This seems to be a clear message that only some of the public deserves protection, while others do not. Equal protection under the law? Not so much.

Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services, and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, and an Instructor at the National Auctioneers Association’s Designation Academy and Western College of Auctioneering. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by The Supreme Court of Ohio for attorney education.