Disciplinary Results Maxwell, Edgar H. NCAL# 503 (Fayetteville, NC)
Edgar H. Maxwell's auctioneer license was voluntarily permanently surrendered. This action resulted from violations that included failing to provide a seller with a settlement statement; for failing to account for or to pay over within a reasonable time, not to exceed 30 days, funds belonging to another which have come into the licensee's possession through an auction sale; for any act of conduct in connection with a sales transaction which demonstrates bad faith or dishonesty; for commingling funds or property of a client with the licensee's own; for the commission or conviction of a crime that is punishable as a felony offense under the laws of North Carolina or the laws of the jurisdiction where committed or convicted, or the commission of any act involving fraud or moral turpitude; for a demonstrated lack of financial responsibility; for committing a crime the circumstances of which substantially relate to the auctioneering profession; being incompetent in practice; engaging in unprofessional conduct; for drawing on the custodial account for sellers for other purposes other than providing the net proceeds to the seller, or to any person that the auctioneer knows is entitled to payment, other than to pay lawful charges against the property which the auctioneer shall in its capacity as agent, be required to pay, and other than to obtain any sums due the auctioneer as compensation for its services; for failing to retain monies in a trust or escrow account when a dispute between the licensee and any person in whose name trust or escrow funds are held until the auctioneer has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. A Settlement Agreement and Consent Order were entered into between the Board and Edgar H. Maxwell prior to a scheduled hearing, in which he agreed to the above stipulations. Edgar H. Maxwell admitted to the Board's findings of violations.
McCoon, Jason R. NCAL# 8690 (Raleigh , NC)
Effective January 12, 2015, Jason R. McCoon's auctioneer license #8690 was permanently revoked for the following violations: NCGS 85B-7(a) No licensee shall conduct an auction in this State without first having a written agreement with the owner of any property to be sold. The agreement must contain the terms and conditions upon which the auctioneer received the goods for sale. The licensee shall provide the owner with a signed copy of the agreement and shall keep at least one copy for his own records for two years from the date of the agreement. Copies of all contracts shall be made available to the Commission or its designated agent at reasonable times; NCGS 85B-7.1(a) At or before the time of all final settlements, the auctioneer shall provide the seller or consignor with a settlement statement, which includes a description of all goods sold, the selling price of the goods sold, the net proceeds due to the seller or consignor, the name and address of the person receiving the disbursement, and the amount of the disbursement. All settlement statements shall be signed by the licensee or the licensees agent and by the person receiving the disbursement; NCGS 85 B-8(a)(2) A continued and flagrant course of misrepresentation or making false promises, either by the licensee, an employee of the license, or by someone acting on behalf of and with the licenses consent; NCGS 85B-8(a)(3) Any failure to account for or to pay over within a reasonable time, not to exceed 30 days, funds belonging to another which have come into the licensees possession through an auction sale; NCGS 85B-8(a)(7) Commingling the funds or property of a client with the licensees own; NCGS 85B-8(a)(10) Failure to properly make any disclosures or to provide documents or information required by this chapter or by the Commission; and, 21 NCAC 4B .0603(e) The Custodial Account for Sellers shall be drawn on only for payment of: 1-the net proceeds to seller, 2-lawfull charges against the property, and, 3-to obtain any sums due the auctioneer. Mr. McCoon made an appeal to the Board in the established time as allowed by Law. An Administrative Hearing was held on December 8, 2014, N.C., Auctioneer Licensing Board vs. Jason R. McCoon, the Board's Legal Counsel presided at the hearing and the respondent, Jason R. McCoon, elected to proceed pro se. On January 12, 2015 the Board adopted the Proposed Findings of Fact and Conclusions of Law submitted by Board Counsel and revoked the auctioneer license of Jason R. McCoon.
McDonald, Cheryl M. NCAL# 6456 (Wilmington, NC)
Effective March 1, 2002, Cheryl M. McDonald's auctioneer license was suspended indefinitely for failing to maintain accounting records, for failing to maintain records which identify the purchaser of all goods sold, for failing to completely cooperate with any investigation, for making any false statement or giving any false information in connection with any investigation by the Board or the Board`s designee, for engaging in unprofessional conduct, and for violating any order of the Auctioneer Licensing Board requiring a licensee to comply with any provision of the Board's law or administrative rules. Following an investigation into this matter, the Board found probable cause to suspend or revoke Cheryl McDonald`s auctioneer license. Cheryl McDonald failed to appeal the Board's decision and the Board suspended Cheryl McDonald`s license indefinitely as allowed by law.