STATE BOARD OF AUCTIONEER EXAMINERS
[49 PA. CODE CH. 1]
Biennial Renewal Fees
[28 Pa.B. 1559]
The State Board of Auctioneer Examiners (Board) proposes to amend Chapter 1 by adding § 1.41 (relating to schedule of fees) and amending §§ 1.23 and 1.26 (relating to auctioneer licensure examination; and application for auction house and auction company licenses), to read as set forth in Annex A.
The proposal will raise the biennial renewal fee for auctioneers, apprentice auctioneers, auction houses and auction companies for the upcoming biennial renewal. The current biennial period expires on February 28, 1999. As proposed, the biennial renewal fees for apprentice auctioneers would increase from $30 to $100 and the biennial renewal fees for auctioneers, auction companies and auction houses would increase from $50 to $200.
Section 6(a) of the Auctioneer and Auction Licensing Act (act) (63 P. S. § 734.6(a)), requires the Board to establish fees by regulation. Section 6(b) of the act requires the Board to increase fees to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures.
Purpose and Need for the Amendments
The current biennial renewal fees were established by the Legislature in 1978 in section 203 of the Bureau of Professional and Occupational Affairs Fee Act (Fee Act) (63 P. S. § 1401-203). The Board first implemented the biennial reconciliation of revenues and expenditures required under section 6 of the act (63 P. S. § 733.6), for the biennial renewal period commencing July 1, 1985. From FY 1985-86 to FY 1995-96, the Board's revenue account showed sufficient balance to meet anticipated expenditures. At the end of FY 1995-96, the balance in the Board's operating account was $160.85. In FY 1996-97, the Board incurred a deficit of $110,401.62.
The proposed increase is necessary to accommodate the $110,401.62 deficit carried forward from the 1995-97 biennial renewal period and to anticipate continuing deficits in future cycles. Based on current fees, the Board is projected to have a deficit of $235,191.62 on June 30, 1998, $263,611.62 on June 30, 1999, and $409,211.62 on June 30, 2000. Renewal fees have not been raised since 1978.
Biennial revenues for the Board have remained relatively constant. In contrast, expenditures over the past 4 fiscal years have increased by an average of 12.41% per year and are expected to increase by at least 3% in continuing years. As a result of increased expenditures and shortfalls in revenue, expenditures must be rolled to the next fiscal year.
The Board anticipates that with the implementation of the proposed increase it will not be necessary to increase renewal fees again for at least three biennial renewal periods. Increased revenues will result in the Board having a closing balance of $86,208.48 on June 30, 1999, and a deficit of $59,391.52 on June 30, 2000. The Board's closing balance will rise to $252,008.48 on June 30, 2001, and $96,408.48 on June 30, 2002.
Description of Proposed Amendments
The Board proposes to establish a new § 1.41 where all fees will be conveniently located. In addition to establishing the new biennial renewal fees, the Board relocates the current fees for the licensure examination and auction license and auction company licenses from § 1.23 and § 1.26, respectively. The existing $200 fee for a special auction license in section 203(8) of the Fee Act is relocated and reestablished in § 1.41.
The following chart compares the proposed new and existing fees:
Category Proposed Current Examination $ 87 $87
49 Pa. Code
License--Auctioneer $ 50 $50
63 P. S. § 1401.203(4)
Biennial Renewal $200 $50
63 P. S.
$ 30 $30 Biennial Renewal $100 $30
63 P. S. § 1401.203(7)
License--Auction House and Auction Company $ 50 $50
49 Pa. Code § 1.26)
Biennial Renewal $200 $50 Special License $200 $200
63 P. S. § 1401.203(8))
The proposed amendments will increase the biennial renewal fees for apprentice auctioneers, auctioneers, auction houses and auction companies in this Commonwealth. The cost per license is $75 annually. The increase in renewal fees should have no other fiscal impact on the private sector, the general public or political subdivisions.
The proposed amendments will require the Board to alter some of its forms to reflect the new biennial renewal fees; however, the proposed amendments should not create additional paperwork for the private sector.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 17, 1998, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Professional Licensure and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of the material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review of objections prior to final publication of the amendments by the Board, the General Assembly and the Governor.
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Linda Dinger, Administrator, State Board of Auctioneer Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
KENNETH A. GEYER,
Fiscal Note: 16A-642. No fiscal impact; (8) recommends adoption.
TITLE 49. PROFESSIONAL AND
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
CHAPTER 1. STATE BOARD OF
§ 1.23. Auctioneer licensure examination[; fees].
* * * * *
(b) The applicant for auctioneer's license shall apply to the Board for admission to the licensure examination and pay the fee [of $87].
* * * * *
§ 1.26. Application for auction house and auction company licenses[; fees].
(a) An applicant for an auction house or auction company license shall:
* * * * *
(2) Submit with the application a check or money order [in the amount of $50] for the required fee, payable to the ''Commonwealth of Pennsylvania.''
* * * * *
(b) Auction houses and auction companies which were issued licenses prior to July 8, 1989, and have not paid the [$50] required fee [are required to] shall remit [that] the fee within 30 days of receipt of notice from the Board and thereafter will be required to pay the biennial renewal fee. Failure to remit the required licensure fee within that time will result in the license being placed on inactive status. The Board may take disciplinary action against a license holder for operation of an auction house or auction company when the license is on inactive status.
[(c) The biennial renewal fee is $50.]
§ 1.41. Schedule of fees.
Applicants shall pay the following fees:
(1) Examination fee for auctioneer license $87 (2) Application fee for auctioneer license $50 (3) Biennial renewal fee for auctioneer license $200 (4) Application fee for apprentice auctioneer
$30 (5) Biennial renewal fee for apprentice
$100 (6) Application fee for auction house and auction
$50 (7) Biennial renewal fee for auction house and
$200 (8) Special license to conduct auction $200
[Pa.B. Doc. No. 98-487. Filed for public inspection March 27, 1998, 9:00 a.m.]
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