Declaratory Rulings

  • Auc 204.03  Petition for Declaratory Ruling.

    (a)  Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition consistent with this section.

    (b)  Such a petition shall also set forth the following information:

            (1)  The exact ruling being requested;

            (2)  The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law; and

            (3)  A statement as to how and why the issuance of a ruling on this subject would benefit the petitioner.

    Auc 204.04  Action on Petitions.

    (a)  The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

    (b)  Upon review and consideration, the board shall within 90 days respond to the petition giving its decision in writing.

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  • 2012 Declaratory Ruling 

    On December 3, 2012: 

    The Board on motion of Roy W. Tilsley, seconded by Russell R. Abbott voted on a Declaratory Ruling as follows: 

    It is the interpretation of the Board that for the purpose of establishing a physical presence at an internet only auction, the auctioneer does not need to be at the site where the items are located, but does need to be readily available by telephone, email, or any other electronic means during normal business hours and 4 hours prior to the first item in the auction closing through the close of the auction.