Section 1440.120  Application for Auctioneer License and Auction Firm

a)         Each applicant for an auctioneer license shall submit, on forms provided by the Division:

1)         The applicant's name, address and telephone number;

2)         The applicant's Social Security Number and date of birth;

the Division shall make available the applicant's Social Security Number only to the Illinois Department of Revenue to determine a tax delinquency, the Illinois Department of Healthcare and Family Services to determine a delinquency in court ordered child support payments, and the Illinois Student Assistance Commission (ISAC) to determine a delinquency for a student loan authorized by ISAC, or by subpoena;

3)         Certification that the applicant is 18 years of age;

4)         Certification of graduation from high school or equivalent (e.g., GED);

5)         The fee as provided by Section 1440.170 of this Part;

6)         A properly completed sponsor card issued in accordance with Section 10-35 of the Act and Section 1440.140 of this Part;

7)         Proof of successful completion of the examination authorized by the Division, unless otherwise exempt from examination as provided by Section 10-45 (Nonresident Auctioneer Reciprocity) of the Act and Section 1440.160 of this Part; and

8)         Any other information  as required by the Division, including but not limited to personal history, criminal record, Illinois tax delinquency, Illinois student loan delinquency, court ordered child support delinquency, or other information used by the Division to determine an applicant's fitness for licensure.

b)         A person who desires to conduct auctions, provide an auction service or practice auctioneering in the form of a partnership, corporation or limited liability company shall make application for an auction firm license on forms provided by the Division to the Division and shall include the following:

1)         The applicant's name, address and telephone number;

2)         The applicant's Federal Employer Identification Number or tax identification number; the Division shall make available an applicant's FEIN or tax identification number only to the Illinois Department of Revenue to determine a tax delinquency, or by subpoena;

3)         A list of all officers, directors, and owners with percentage of ownership of the auction firm;

4)         Articles of Incorporation or Organization, or other evidence of legal formation or authority to conduct business as approved by the Division;

5)         Proof of a properly licensed managing auctioneer;

6)         The fee as provided by Section 1440.170 of this Part;

7)         All unlicensed officers shall submit affidavits of non-participation with the application; and

8)         Any other information required by the Division, including but not limited to personal history, criminal record, Illinois tax delinquency, Illinois student loan delinquency, court ordered child support delinquency, or other information used by the Division to determine an applicant's fitness for licensure.

c)         All information provided by an applicant to the Division is subject to audit by the Division within 5 years from the date in which the application was received by the Division.

d)         All applicants for licensure have 3 years after the date of application to complete the application process. If the process has not been completed within 3 years after the date of application, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source:  Amended at 35 Ill. Reg. 7358, effective April 21, 2011)