Section 1440.140  45 Day Permit Sponsor Card

a)         A properly issued 45 Day Permit Sponsor Card shall serve as a temporary permit allowing the sponsored individual to engage in the practice of auctioneering for a period of 45 days after its issuance date only under the direct supervision of the sponsoring auctioneer or auction firm.

b)         A sponsoring auctioneer or auction firm shall only execute a 45 Day Permit Sponsor Card to a sponsored individual upon presentation of:

1)         A valid auctioneer or associate auctioneer examination passing score report from OBRE or its designated testing vendor which states that the sponsoring auctioneer or auction firm may issue a 45 Day Permit Sponsor Card; or

2)         An original terminated license, pursuant to Section 10-35 of the Act, endorsed by the sponsoring auctioneer or auction firm by whom the sponsored individual was previously sponsored or associated.

c)         Upon issuance of a properly completed 45 Day Permit Sponsor Card:

1)         The sponsoring auctioneer or auction firm shall send to OBRE within 24 hours the original 45 Day Permit Sponsor Card, the original terminated license (if applicable), the original examination score report and initial application (if applicable), and the proper fee.

A)        If the sponsored individual is unable to obtain an original terminated license from his or her previous sponsoring auctioneer or auction firm, the sponsored individual shall prepare a sworn written statement as to why the terminated license is not submitted.  The sponsoring auctioneer or auction firm shall submit the written statement in lieu of an original terminated license to OBRE;

2)         The sponsoring auctioneer or auction firm shall retain a copy of the 45 Day Permit Sponsor Card for its records; and

3)         The sponsored individual shall retain a copy of the 45 Day Permit Sponsor Card, and shall use it in lieu of a license until a license is issued by OBRE, but not for a period in excess of 45 days after its issuance.

d)         If a new license has not been issued by OBRE within 45 days after the issuance of a 45 Day Permit Sponsor Card, the sponsored individual shall not practice auctioneering.

e)         OBRE may grant an extension of a 45 Day Permit Sponsor Card, but the extension must be requested in writing by the sponsoring auctioneer or auction firm.

f)          If OBRE denies any application in which a 45 Day Permit Sponsor Card was issued, the 45 Day Permit Sponsor Card shall be null and void upon written notice from OBRE.

g)         An applicant for an auctioneer or associate auctioneer license, who is required to pass the examination for licensure, may conduct an auction on a 45 Day Permit Sponsor Card without having first passed the examination under the following conditions:

1)         The applicant has made application on forms provided by OBRE and paid all applicable fees as if the applicant were making application for an initial license;

2)         The applicant provides evidence to OBRE that he or she was unable to schedule such examination with OBRE or the approved testing vendor prior to submitting the application as provided in this Section;

3)         The applicant certifies that he or she shall abide by the be subject to all the provisions of the Act and these Rules; and

4)         The applicant certifies that he or she shall schedule the examination, pass and provide documentation of same to OBRE within 45 days of the issuance of the 45 Day Permit Sponsor Card.

            A person shall only make application under this paragraph, one time in any 5 year period.