Disciplinary Results

Wagner, Robert Christopher   NCAL# 9408  (Kernersville, NC)

Effective January 2, 2018, licensed auctioneer Robert Christopher Wagner and licensed auction firm RCW Auctions, Inc. were issued a Letter of Reprimand for violations of NCGS 85B-7 (b) Each licensee shall maintain consignment records and enter in them, upon receipt of goods for auction and before sale, the name and address of the person who employed the licensee to sell the goods at auction and the name and address of the owner of the goods to be sold. The consignment record shall contain an adequate description of the goods to be sold and shall be sufficient to positively identify each item. Consignment records shall be open for inspection by the Commission or its designated agent at reasonable times; NCGS 85B-7.1 (a) Each licensee who does not disburse all funds to the seller on auction day shall maintain a trust or escrow account and shall deposit in the account all funds that are received for the benefit of another person and are not disbursed to the seller on auction day. The licensee shall deposit funds that are not disbursed on auction day with an insured bank or savings and loan association located in North Carolina. 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 85B-8 (a) (10) Failure to properly make any disclosure or to provide documents or information required by this Chapter or by the Commission; 21 NCAC 4B .0604(c) The consignment records shall be kept by the licensee for a period of two years from the date of the auction; and 21NCAC 4B.0604 (g) All required records shall be open for inspection by the Commission or its designated agent at reasonable time, or copies of the same shall be provided to the Commission or its designated agent upon written request. Robert Christopher Wagner, individually and on behalf of the licensed auction firm, waived the right to appeal as allowed by law and agreed to the Board`s findings of violations.


Wayne Evans Auction Co., Inc. , Richard Wayne Evans  NCAL# 7555 and 5078  (Columbus, GA)

Effective November 1, 2010, Wayne Evans Auction Co., Inc. and Richard Wayne Evans, auctioneer #5078 licenses were revoked for failing to provide a written settlement statement and failing to pay proceeds to seller from three autions. This is a vioation of G.S. 85B-7.1(a); G.S. 85B-7.1(b); and G.S. 85B-8(a)(3). Mr. Evans waived his right to appeal as allowed by law and agreed to the Board`s findings of the violations.


Weber, Andrew Raymond  NCAL# 9579  (Concord, NC)

Effective April 12, 2018, licensees Andrew Raymond Weber, NCAL #9579 and ACT Auctions, NCAL #9760 were revoked for violations of NCGS 85B-7.1(a) All settlement statements shall be signed by the licensee or the licensees agent and by the person receiving the disbursement; 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 licenses possession through an auction sale; and NCGS 85B-8(a)(7) Commingling the funds or property of a client with the licensees own or failing to maintain and deposit in a trust or escrow account in an insured bank or saving and loan association located in North Carolina funds received for another through the sale at auction. The licensees waived the right to appeal as allowed by law and agreed to the Board`s findings of violations.


White, Randolph H.  NCAL# 5453  (Raleigh, NC)

Effective May 25, 2002, Randolph White's auctioneer license was suspended indefinitely for failure to completely cooperate with an investigation; for violating an order of the Auctioneer Licensing Board requiring him to comply with provisions of the Board's law or administrative rules; and for engaging in unprofessional conduct. Following an investigation into this matter, the Board found probable cause to suspend or revoke Randolph White's auctioneer license and referred the matter to the Office of Administrative Hearings as prescribed by Chapter 150B. Randolph White failed to respond as required and the Board suspended Randolph White's license indefinitely as allowed by law.


Wilson & Terry Auction Company  NCAL# 6909  (Weaverville, NC)

Wilson & Terry Auction Company voluntarily surrendered its auction firm license effective March 2, 2017. Pursuant to formal complaints having been filed prior to the license surrender and as a result of the completed investigation, the Board found that probable cause existed to find that the licensee violated 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, and that the licensee violated 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, which would have substantiated a disciplinary finding of revocation, but for the license having been previously surrendered.