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Kramer v. State Board of Auctioneer Examiners

August 14, 2009

JONERIK M. KRAMER, PETITIONER
v.
STATE BOARD OF AUCTIONEER EXAMINERS, RESPONDENT



The opinion of the court was delivered by: Senior Judge Flaherty

Submitted: June 19, 2009

BEFORE: HONORABLE BERNARD McGINLEY, Judge, HONORABLE RENEE COHN JUBELIRER, Judge, HONORABLE JIM FLAHERTY, Senior Judge.

OPINION

JonErik M. Kramer (Kramer) petitions, pro se, for review of an order of the State Board of Auctioneer Examiners (Board) which denied Kramer's application for licensure as an auctioneer on the bases that Kramer did not qualify for licensure under Section 3(e) of the Auctioneer Licensing and Trading Assistant Registration Act (Act) and did not qualify for a waiver pursuant to Section 11(b) of the Act.*fn1 We affirm.

On January 4, 2008, Kramer filed an application for examination eligibility for nonresidents with the Board. The Board provisionally denied Kramer's application, stating that he did not qualify for licensure under Section 3(e) of the Act, as he did not complete either a two- year apprenticeship as a Pennsylvania licensed auctioneer apprentice or a prescribed course of study at a school approved by the Board. The Board also determined that Kramer did not qualify as a nonresident for a waiver of the requirements of Section 3(e) of the Act, pursuant to Section 11(b) of the Act, 63 P.S. §734.11(b), as he is a resident of Pennsylvania.

On February 20, 2008, Kramer, by letter, appealed the provisional denial and asked for a formal hearing. On March 10, 2008, a hearing was held before the Board. Kramer represented himself against the Commonwealth and testified that during the weeks between the provisional denial and the formal hearing, he completed courses in various aspects of auctioneering administered by a school called the Continental Auctioneers School (Continental) in Mankato, Minnesota.

The record was held open to allow Kramer to provide documentation from Colonel Johnny Kramer (Colonel Kramer), Kramer's father and owner of Kramer Auctions, for whom he testified that he was an apprentice auctioneer and for a transcript or letter indicating how many credits Continental Auctioneers School purports to have been included as part of its program. Kramer submitted such documentation on March 14, 2008. The Board considered the full record at its May 12, 2008 meeting.

The Board set forth the following relevant findings of fact:

4. Applicant is not licensed as an apprentice auctioneer in this Commonwealth.

5. Applicant testified that during weeks between the provisional denial and the formal hearing, he completed courses in various aspects of auctioneering administered by a school called the Continental Auctioneers School (Continental) in Mankato, Minn. (N.T. at 9, 30-36, and 46-48; Exhibit P-1 at certificates of completion; letter dated March 11, 2008, from Rich Haas, President of continental, submitted by fax on March 14, 2008)

6. Continental is not a school approved by this Board. (Board records)

7. Applicant lists the following address on his application: 561 South 4th Ave., Yuma, Arizona 85364, with phone numbers in Arizona and Pennsylvania. (Exhibit B-1, Application)

8. Applicant was born in Pennsylvania. (N.T. at 52)

9. Applicant has a residence in Pennsylvania and that Pennsylvania is his "home ...


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