KBA - Consumer Complaints

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Contact Info

KY Board of Auctioneers
(502) 429-7145
9112 Leesgate Rd #5
Louisville KY 40222
auctioneers@ky.gov

Licensee Info

Licensure

Auctioneer Licenses| Reciprocal License| Auction House Operator License| Examinations|

The Law

KRS Chapter 330| KAR Chapter 3| KY Uniform Commercial Code|

Consumer Info

Complaint Process| Auction Terminology|

Board Info

History| Board Employees| Calendar|

Consumer Complaints

As an agency of the Commonwealth of Kentucky, the primary purpose of the Kentucky Board of Auctioneers is to protect the public. Only if the auctioneering profession is represented by knowledgeable and ethical individuals will the reputation and the growth of the auctioneering business be enhanced. Thus this Board is charged with the duty to protect the consumer and the profession by an unbiased review of allegations against licensed auctioneers or licensed auction house operators.

The formal complaint process is not a quick process or a quick fix. The complainant (consumer) completes the complaint form and sends to the Board and to the licensee. The respondent (licensee) has 20 working days, following notification from the Board, to respond to a complaint. The case is assigned to a Compliance Officer. The Board reviews the complaint during a quarterly meeting. The facts in a complaint against a licensee must constitute prima facie evidence. This means that evidence is sufficient to establish an allegation as reasonably probable or a strong appearance of a wrongful act. Then, if so ordered, the case is set for hearing at a future board meeting, or continued for further investigation and/or documentation, or dismissed.

KRS 330.110, 201 KAR 3:005, 201 KAR 3:035, and 201 KAR 3:045 list the possible violations or grounds for disciplinary actions as a result of a complaint being filed with the Kentucky Board of Auctioneers.

KRS 330.115 explains how a formal complaint by the consumer (complainant) and the response by the licensee (respondent) is initiated. Contact the Board (502-429-7145) for the complaint form or you may download, print out and complete the Complaint Form.

KRS 330.120 and KRS 330.130 explain the process following the receipt of a formal complaint and response.

KRS 330.120 and KRS 330.192(2)(3)(4)(5) explain the possible claims process for monetary damage. A proof of loss form must be filed with the Kentucky Board of Auctioneers within 6 months of the alleged date of misdeed. KRS 330.192(5) states 'This section is not intended to substitute for, circumvent, or duplicate other remedies existing at law ... but constitutes a last resort for aggrieved persons who would not, but for the provisions of this section, be able to recover their losses by any other means available'.

Updated: 12/27/2007