(1) Pursuant to T.C.A. § 62-19-103(8), the provisions of Title 62, Chapter 19 do not apply to any livestock auction sale regulated by the United States Department of Agriculture Packers & Stockyards Administration, if the sale uses:
- (a) The shipper’s proceeds account required by federal regulations; and
- (b) A principal or public automobile auctioneer licensed under T.C.A. §§ 62-19-101 et seq. and the rules promulgated thereunder.
- (2) Any operator of a livestock auction sale that is not registered with and regulated by the Packers & Stockyards Administration shall not qualify for license exemption under T.C.A. § 62-19-103(8) and must be appropriately licensed.
- (3) Any person acting outside of a livestock auction regulated by the Packers & Stockyards Administration shall be a licensed principal or public automobile auctioneer and is subject to all statutes and rules of the Tennessee Auctioneer Commission notwithstanding such person’s registration with the Packers & Stockyards Administration.
- (4) Nothing in this rule shall be construed as exempting any person acting as or advertising or representing to be an auctioneer or affiliate auctioneer from the licensure requirements of T.C.A. § 62-19-102.
Authority: T.C.A. §§ 62-19-102, 62-19-103, and 62-19-106. Administrative History: New rules filed September 6, 2016; effective December 5, 2016. However, the Government Operations Committee filed an 11-day stay of the rule; new effective date December 16, 2016. Amendments filed April 13, 2020; effective July 12, 2020.