West Virginia Code § 19-2C-5a

Examinations of applicants
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(a) Examinations shall be held a minimum of two times each year, at a time and place to be
designated by the commissioner or his or her authorized representative.
(b) An individual auctioneer applicant may take the examination for auctioneer or apprentice
auctioneer at the regularly scheduled time and place.
(c) The apprentice auctioneer's examination shall consist of a written examination.
(d) The auctioneer's examination shall consist of both a written and oral examination. The
passing grade for any written or oral examination shall be 70 percent out of 100 percent.
The oral portion will be scored by the commissioner or his or her authorized representative.
(e) If the applicant fails either the written or oral portiaon of the examination, no license will
be issued and he or she may not be administered the examination again until the next
regularly scheduled examination date. l
(f) Only one notice of the examination will be mailed or emailed to the applicant at the
address given on the application. If the applicant fails to appear for an examination, except
as provided in this subsection, a new application and a new fee shall be required. No fee will
be returned, except when the applicant fails to take the examination because of illness
evidenced by a doctor's certificate sent to the commissioner. If excused because of illness,
the applicant shall be admitted to the next scheduled examination without paying an
additional fee. No applicant may be excused from taking the scheduled examination for any
reason other than illness, unless in the judgment of the commissioner the applicant would
suffer undue hardship by not being excused.
(g) An examinVation fee and any other fees required by this article, shall be collected from
each person taking an examination. If the applicant has previously paid the examination fee
and successfully completed the apprentice auctioneer's examination, no additional
examination fee will be required to take the auctioneer's examination.
(h) If the commissioner determines that an applicant does not qualify for a license, he or she
shall notify the applicant by certified mail. The notice shall state:
(1) The reason for the refusal to grant a license; and
(2) The applicant's right to appeal the commissioner's decision within 20 days of receipt of
the notice.
(i) An examination is not required for the renewal of a license, unless the license has been
revoked or suspended, or has expired. If the license was revoked or suspended, then the
commissioner may require a person to take and pass a written or oral examination. If a
license has been expired for more than two years and was not revoked or suspended, then
the applicant is required to take and pass any written and oral examinations required by the
commissioner.

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