Information Regarding Complaint Procedure

Legislature has determined that persons practicing as auctioneers operate a business that affects the health, safety and welfare of the public. Therefore, such persons or businesses, with some exceptions, are required by Section 43-6 of the Official Code of Georgia Annotated (O.C.G.A.) to be licensed by the Georgia Auctioneers Commission.  Licensees are required to meet certain standards and maintain certain records in addition to other requirements.  IT IS ALSO MANDATORY THAT LICENSEES PAY INTO THE AUCTIONEERS EDUCATION, RESEARCH AND RECOVERY FUND (hereinafter referred to as the "Recovery Fund") that was established to provide aggrieved persons, by order of a court of appropriate jurisdiction, to recover actual or compensatory damages.  Information regarding the procedures for processing claims for payment from the Recovery Fund will be forwarded to you upon receipt of your complaint or you may contact the Commission office to request the information.

COMPLAINT PROCEDURE

To file a complaint regarding a violation of the licensing requirements, you should complete a complaint form (available in Adobe Acrobat .pdf format) and submit it to the address indicated at the top of the form.  Your complaint must be signed and should include your name, mailing address, and telephone number; the name and address of the person or business being reported; a detailed description of the violation (attach as many pages as necessary); and copies of any related documents (including but not limited to contracts, advertisements, correspondence, etc.). A letter acknowledging receipt of your complaint and indicating the action requested to address your complaint will be forwarded to you as soon as possible.  COMPLAINT FILES ARE CONFIDENTIAL AND WILL NOT BE DISCUSSED BY TELEPHONE.  Any request for the status of a complaint must be made in writing and will be answered in writing.

YOU MAY EXPECT the Commission to be genuinely concerned with your complaint. Where appropriate, the Commission will seek to resolve the complaint either through informal or formal means.  You will be notified of the final action of the Commission regarding your complaint as soon as such information is available.

You should be aware that the Commission does not have the authority to (1) provide you with legal advice; (2) order the licensee to pay or refund money to you; (3) order the licensee to complete or correct work or services; (4) provide you with any records or other information obtained during the course of a Commission investigation; or (5) provide testimony regarding your complaint in any legal action you may initiate, including action initiated to obtain payment from the Recovery Fund. 

INVESTIGATION/INSPECTION

Your complaint will be given serious consideration by the Commission and, if appropriate, an investigation or an inspection may be requested.  You may be contacted by the Commission investigator or inspector.  The referral of a complaint for further investigation or inspection does not necessarily mean that a violation has occurred.  Investigations and inspections are completed as soon as possible, depending upon the nature and circumstances of the complaint.  After reviewing the results of the investigation or inspection, the Commission may determine that an apparent violation of the licensing law exists and the file may be referred to the State Attorney General's office to initiate formal proceedings.

UNLICENSED ACTIVITY

Usually, if there is sufficient evidence to prove unlicensed activity, the first step in addressing such activity is the offer of a Voluntary Cease and Desist Order whereby the unlicensed individual agrees to cease all activity requiring a license until such time as a license is obtained.  Any violation of the cease and desist order may result in a request that formal hearing procedures be initiated to fine the violator. The Commission may also petition the superior court for an injunction against further violations.  Many licensing statutes also provide for criminal prosecution by local authorities; however, such prosecution is at the discretion of the local authorities.

THE HEARING PROCESS/DISCIPLINARY ACTION

The purpose of a disciplinary action is to protect the public and to deter future violations.  A licensee who violates the licensing requirements may be subject to disciplinary action against the license, such as a fine, reprimand, suspension, probation, or revocation of the license.  Any person who is the subject of a disciplinary matter has the right to a formal hearing prior to sanctions against a license being imposed.  However, not all cases referred to the Attorney General result in formal hearings.  In some instances, both the Commission and the licensee agree to specific disciplinary sanctions by signing a Consent Order. 

Formal hearings are conducted by a hearing officer in accordance to the Georgia Administrative Procedures Act.  If a hearing is conducted, you (as the complainant) may be called to testify and your identity as a complainant may become known. After the formal hearing is conducted, the hearing officer issues an initial decision which contains the findings of fact, conclusion of law, and recommended disciplinary action.  Either the licensee OR the Commission may request a review of the initial decision.  After a final decision is issued, the licensee may appeal that decision to the Superior Court of Fulton County.   THE HEARING PROCEDURE IS LENGTHY AND MAY TAKE MONTHS TO COMPLETE.  HOWEVER, IT IS DESIGNED TO ENSURE DUE PROCESS AND TO PROTECT THE RIGHTS OF THE INDIVIDUALS INVOLVED.