Action:
SB 826 Amendment
Action 6850
General Information
| Action Summary |
This action amends provisions to the Regulations of the Auctioneers Board to conform to changes resulting from the enactment of Chapter 505 of the 2025 Acts of Assembly.
The legislation within Chapter 505 of the 2025 Acts of Assembly amends the statute to no longer permit regulatory boards to deny licenses, certifications, or registrations based on vague or arbitrary terms, such as “good moral character” or “moral turpitude.” If an applicant is denied due to their criminal record, the regulatory board must provide written notice specifying the offenses, their relevance to the profession, and how rehabilitation was considered. Individuals with a criminal record can request a binding predetermination from the regulatory board to determine if their record disqualifies them from licensure, with no education or training required before making the request. The determination will be binding and they will not be allowed to apply for licensure, certification or registration, unless the individual’s criminal record changes after the determination or if the individual provides false information.
The proposed amendments conform applicable provisions of the regulation to the legislation. Substantive amendments include:
Section 18VAC25-21-20 is revised to remove the term “moral turpitude” and replace it with “fraudulent and dishonest acts.” Additionally, the same revision is made within sections 18VAC25-21-50 and 18VAC25-21-180.
As a result of this change, applicants for licensure will be required to disclose misdemeanor convictions involving dishonest or fraudulent acts to the Auctioneers Board, instead of misdemeanor convictions involving moral turpitude. In addition, licensees may be subject to discipline if convicted or found guilty of any misdemeanor involving dishonest or fraudulent acts, instead of convictions involving moral turpitude.
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| Chapters Affected |
Only affects this chapter.
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| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
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| RIS Project |
Yes [8414] |
| Associated Mandates |
Predetermination for licensing eligibility; prior convictions.
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10924
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Final
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Stage complete. This regulation became effective on 11/05/2025. |
Contact Information
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Name / Title:
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Kathleen R. Nosbisch
/
Board Executive Director
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Address:
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9960 Mayland Drive
Suite 400
Richmond, VA 23233
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Email Address:
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Auctioneers@dpor.virginia.gov
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Phone:
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(804)367-8514
FAX: (866)465-6206
TDD: ()-
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This person is the primary contact for this board.
