skip navigationNEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES*

NH JOINT BOARD

REAL ESTATE APPRAISER BOARD

RULER 

Final Proposal
Administrative Rules Rab 203.02 (b) and (c)
and 302.03:

Rab 203.02 (b) (c)
Rab 302.03

Deadline for public comment is 12/12/14 close of the hearing

RULER

For PDF Copies Use the Links below:

OR the entire text of the rules is contained in the document below.

General Adoption Dates:
Rab 100 - Effective 11/1/07 and 2/2/13, Effective 2/2/13
Rab 200, Rab 300- 500 - Adopted 2/1/13, Effective 2/2/1
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                 TABLE OF CONTENTS

CHAPTER Rab 100 ORGANIZATIONAL RULES

            PART Rab 101  DEFINITIONS

Section Rab 101.01  Meaning of Terms

            PART Rab 102  DESCRIPTION OF THE BOARD

Section Rab 102.01  Meetings of the Board
Section Rab 102.02  Duties of the Board

                PART Rab 103  PUBLIC REQUESTS FOR INFORMATION

Section Rab 103.01  Public Access

CHAPTER Rab 200 PRACTICE AND PROCEDURE

            PART Rab 201  PURPOSE AND SCOPE

Section Rab 201.01  Purpose and Scope
Section Rab 201.02  Failure to Comply with Rules

            PART Rab 202  DEFINITIONS

Section Rab 202.01  Adjudicative Proceeding
Section Rab 202.02  Complaint
Section Rab 202.03  Complaint Officer
Section Rab 202.04  Complainant
Section Rab 202.05  Contested Case
Section Rab 202.06  Docket Marking
Section Rab 202.07  Hearing              
Section Rab 202.08  Investigation
Section Rab 202.09  Investigator
Section Rab 202.10  Motion
Section Rab 202.11  Notice
Section Rab 202.12 Order
Section Rab 202.13  Party
Section Rab 202.14  Petition for Declaratory Ruling
Section Rab 202.15  Petition for Rulemaking
Section Rab 202.16  Petitioner
Section Rab 202.17 Rulemaking

            PART Rab 203  COMPLAINTS ALLEGING PROFESSIONAL MISCONDUCT

Section Rab 203.01  Complaints
Section Rab 203.02  Investigation of Complaints

            PART Rab 204  PRESIDING OFFICER, WITHDRAWAL AND WAIVER OF RULES

Section Rab 204.01  Presiding Officer; Appointment; Authority
Section Rab 204.02  Withdrawal of Presiding Officer
Section Rab 204.03  Waiver or suspension of Rules by Presiding Officer

 

PART Rab 205  FILING, FORMAT AND DELIVERY OF DOCUMENTS

Section Rab 205.01  Date of Issuance or Filing
Section Rab 205.02  Format of Documents
Section Rab 205.03  Delivery of Documents

            PART Rab 206  TIME PERIODS

Section Rab 206.01  Computation of Time                 

            PART Rab 207  MOTIONS AND PLEADINGS

Section Rab 207.01  Motions; Objections
Section Rab 207.02  Pleadings

            PART Rab 208  NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Section Rab 208.01  Commencement of Hearing
Section Rab 208.02  Docket Numbers
Section Rab 208.03  Notice of Hearing
Section Rab 208.04  Appearances and Representation
Section Rab 208.05  Pre-hearing Conference 

PART Rab 209  ROLES OF BOARD STAFF AND COMPLAINTS

Section Rab 209.01  Role of Board Staff in Enforcement or Disciplinary Hearings
Section Rab 209.02  Role of Complainants in Enforcement or Disciplinary Hearings

            PART Rab 210  INTERVENTION

Section Rab 210.01  Intervention                   

            PART Rab 211  POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Section Rab 211.01  Postponements
Section Rab 211.02  Failure to Attend Hearing

            PART Rab 212  REQUESTS FOR INFORMATION OR DOCUMENTS

Section Rab 212.01  Voluntary Production of Information
Section Rab 212.02  Motions to Compel Production of Information
Section Rab 212.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits

            PART Rab 213 RECORD, PROOF, EVIDENCE AND DECISIONS

Section Rab 213.01  Record of the Hearing
Section Rab 213.02  Standard and Burden of Proof
Section Rab 213.03  Testimony; Order of Proceeding
Section Rab 213.04  Evidence
Section Rab 213.05  Proposed findings of Fact and Conclusions of Law
Section Rab 213.06  Closing the Record
Section Rab 213.07  Reopening the Record
Section Rab 213.08  Decisions

PART Rab 214 MOTION FOR REHEARING

Section Rab 214.01  Purpose
Section Rab 214.02  Applicability
Section Rab 214.03  Filing and Content of Motion
Section Rab 214.04  Standard for Granting Motion for Rehearing
Section Rab 214.05  Decision on Motion for Rehearing

PART Rab 215 RULEMAKING

Section Rab 215.01  How Adopted
Section Rab 215.02  Explanation after Adoption
Section Rab 215.03  Petition for Rulemaking
Section Rab 215.04  Disposition of Petition

          PART Rab 216  RULEMAKING PUBLIC COMMENT HEARINGS

 

Section Rab 216.01  Purpose

Section Rab 216.02  Scope

Section Rab 216.03  Notice

Section Rab 216.04  Media Access

Section Rab 216.05  Moderator

Section Rab 216.06  Public Participation

 

          PART Rab 217  DECLARATORY RULINGS

 

Section Rab 217.01  Petition for Declaratory Ruling

Section Rab 217.02  Disposition of Petition

CHAPTER Rab 300 APPRENTICE CLASSIFICATION, CERTIFICATE AND LICENSE REQUIREMENTS

           PART Rab 301  APPLICATION FOR APPRENTICE CLASSIFICATION, LICENSE OR CERTIFICATE

Section Rab 301.01  Application Process and Classification Overview
Section Rab 301.02  Application
Section Rab 301.03  Apprentice Application
Section Rab 301.04  Additional Requirements

            PART Rab 302  QUALIFICATIONS

Section Rab 302.01  Experience Required
Section Rab 302.02  General Criteria for Experience
Section Rab 302.03  General Education Requirements for Certification
Section Rab 302.04  Experience Hour Standards
Section Rab 302.05  Limitation for Certified General Real Estate Appraiser Applicants
Section Rab 302.06  Review Experience
Section Rab 302.07  Assessor Experience
Section Rab 302.08  Reports, Documents and Criteria
Section Rab 302.09  Real Estate Appraier Educational Requirements
Section Rab 302.10  Documentation of Formal Instruction Required
Section Rab 302.11  College Credit
Section Rab 302.12  Qualified Course Credit
Section Rab 302.13   Course Providers
Section Rab 302.14  Time Limitation
Section Rab 302.15  Course Content
Section Rab 302.16  Standards for Approval of Courses  
Section Rab 302.17  Criteria for Course Approval
Section Rab 302.18  Distance Education

            PART Rab 303  EXAMINATIONS

Section Rab 303.01  Prerequisite Educational Requirements
Section Rab 303.02  Prerequisite Experience Requirements
Section Rab 303.03  Examination Required
Section Rab 303.04  Notification of Examination Date; Identification
Section Rab 303.05  Examination Deadlines

            PART Rab 304  RECIPROCITY
                        Section Rab 304.01  Reciprocal Licensing and Certification

            PART Rab 305  APPRENTICE CLASSIFICATION

Section Rab 305.01  Responsibilities of Apprentice
Section Rab 305.02  Responsibilities of Supervising Appraiser
Section Rab 305.03  Real Estate Appraiser Apprentice Log

            PART Rab 306  FEE SCHEDULE

Section Rab 306.01  Maintenance of a Fee Schedule
Section Rab 306.02  Fees

            PART Rab 307  TEMPORARY PRACTICE

Section Rab 307.01  Purpose
Section Rab 307.02  Assignment
Section Rab 307.03  Issuance of Temporary Practice Permit
Section Rab 307.04  Temporary Practice Permits
Section Rab 307.05  Rights and Obligations of Holders of Temporary Practice Permits
Section Rab 307.06  Temporary Practice Permit Application Procedure
Section Rab 307.07  Application Form
Section Rab 307.08  Documents Required to Accompany Application Form

           PART Rab 308 REGISTRATION OF APPRAISAL MANAGEMENT COMPANIES

Section Rab 308.01 Appraisal Management Company Requirements

CHAPTER Rab 400 CONTINUED STATUS

            PART Rab 401  RENEWALS

Section Rab 401.01  Renewal Requirements
Section Rab 401.02  Renewal Application
Section Rab 401.03  Denial of Renewal
Section Rab 401.04  Appraisal Management Company Renewal
Section Rab 401.05  Appraisal Management Company Renewal Application

            PART Rab 402  REVOCATION, SUSPENSION, AND OTHER SANCTIONS

Section Rab 402.01  Initiation of Disciplinary Action
Section Rab 402.02  Disciplinary Sanctions
Section Rab 402.03  Revocation
Section Rab 402.04  Suspension
Section Rab 402.05  Administrative Fines
Section Rab 402.06  Procedures for Assessing and Collecting Administrative fines
Section Rab 402.07  Disciplinary Continuing Education        

PART Rab 403  CONTINUING EDUCATION

Section Rab 403.01  Purpose
Section Rab 403.02  Specific Renewal Requirements

Section Rab 403.03  Credit
Section Rab 403.04  Record Keeping
Section Rab 403.05  Extension of Continuing Education Deadlines
Section Rab 403.06  Distance Education
Section Rab 403.07  Standards for Approval of Continuing Education Courses
Section Rab 403.08  Additional Standards for Approval of Distance Education Courses

            PART Rab 404  ONGOING REQUIREMENTS

Section Rab 404.01  Change of Address
Section Rab 404.02  Compliance with USPAP

            PART Rab 405 VOLUNTARY LICENSE SURRENDER

Section 405.01  Procedure for Surrendering a License
Section 405.02  Effect of Voluntary License Surrender
Section 405.03  Voluntary Surrender When Misconduct Allegations are Pending
 

CHAPTER 500 ETHICAL STANDARDS

            PART Rab 501  CODE OF ETHICS

Section Rab 501.01  Purpose
Section Rab 501.02  Obligation to Obey
Section Rab 501.03  Articles

CHAPTER Rab 100; ORGANIZATIONAL RULES

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PART Rab 101  DEFINITIONS

          Rab 101.01  Meaning of Terms.  All terms used in these rules shall have the same meaning as in RSA 310-B, RSA 541-A, and as set forth below:

          (a)  “Appraisal experience” means work that meets the requirements of Rab 302.01.

          (b) “Appraisal Foundation” means “The Appraisal Foundation” as defined in RSA 310-B:1, IV, namely, the “The Appraisal Foundation incorporated as an Illinois nonprofit corporation on November 30, 1987.  The purposes of The Appraisal Foundation are:

                   (a)  To establish and improve uniform appraisal standards by defining, issuing and promoting such
                   standards.

                   (b) To establish appropriate criteria for the certification, licensing, relicensing, and recertification of
                   qualified appraisers by defining, issuing and promoting such qualification criteria; and to disseminate
                   such qualification criteria to states, governmental entities and others.

                   (c) To develop or assist in the development of appropriate examinations for qualified appraisers.”

          (c)  “Appraisal Qualifications Board (AQB)” means that component of The Appraisal Foundation recognized under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) as responsible for developing and disseminating guidelines for use by the various states in establishing the education, experience and testing requirements for the licensing and certification of appraisers.

          (d)  “Appraisal Report” means “appraisal report” or “real estate appraisal report” as those terms are defined in RSA 310-B:2, II.

          (e)  “Appraisal Standards Board (ASB)” means a component of The Appraisal Foundation which is responsible, under FIRREA, for developing and disseminating USPAP, the guidelines for use by the various states in establishing the standards for appraisal practice.

          (f)  “Appraisal Subcommittee” means the federal regulatory subcommittee of the Federal Financial Institutions Examinations Council (FFIEC) whose duties include the promulgation, review and oversight of all real estate appraisal certifications, standards, and codes embodied in FIRREA and audit of state regulations to ensure that states are enforcing the requirements for real estate appraisers developed by the AQB.

          (g)  “Apprentice” means the real estate appraiser classification, as described in RSA 310-B:6, I(a), consisting of those persons who are in the process of completing the requirements for one of the other classifications of a real estate appraiser in accordance with Rab 300.

          (h)  “Board” means the New Hampshire real estate appraiser board appointed under the provisions of RSA 310-B:4 to exercise supervision over the licensing, certification and the practice of real estate appraisers.

          (i)  “Cash flow analysis” means a study of the anticipated movement of funds into or out of an investment.

          (j)  “Certificate” means a document issued by the board stating that the individual named thereon has met all the requirements qualifying the individual for certification as a certified residential appraiser or certified general appraiser.

          (k) "Certified general appraiser" means, “certified general appraiser” as defined in RSA 310-B:2 VIII namely " a New Hampshire state certified appraiser who develops and communicates real estate appraisals and who holds a valid certificate or license issued for general real estate appraising under the provisions of this chapter.

          (l) "Certified residential appraiser" means, “certified residential appraiser” as defined in RSA 310-B:2 VIII namely " a New Hampshire state certified appraiser who develops and communicates real estate appraisals and who holds a valid certificate or license issued for residential real estate appraising under the provisions of this chapter."

          (m)  “Commercial” means a type of real property which is used or intended to be used for any purpose other than one to four family residential use.

          (n)  “Commercial appraisal” means a real estate appraisal of real property that is used or intended to be used for commercial or industrial purposes.

          (o)  “Distance education” means instruction that occurs when the instructor and student are separated by location, time or both, and includes but is not limited to computer based training, correspondence courses, internet-based delivery, or any combination of these.

          (p)  “Education” means formal instruction in appraisal practice, theory, principles, standards, methods, techniques, and similar topics, approved by the board pursuant to Rab 302.08, as meeting the requirements for certification, licensing, or continuing education.

          (q)  “Experience” means appraisal activity that provides the individual with required knowledge through personal familiarity and exposure, and which is a condition for licensing or certification pursuant to RSA 310-B:9 and Rab 302.

          (r)  “Feasibility analysis” means a study of the cost-benefit relationship of an endeavor.

          (s)  “Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA)” means the federal law, 12 USC 3331 through 3351, which created a national regulatory system for real estate appraisers with involvement by the Appraisal Subcommittee of FFIEC, The Appraisal Foundation and the states.

          (t)  “Investment analysis” means a study that reflects the relationship between acquisition price and anticipated future benefits of a real estate investment.

          (u)  “License” means a document issued by the board stating that the individual named thereon has met all the requirements qualifying him or her for licensure as a licensed residential real estate appraiser.

          (v) "Licensed residential appraiser" means, “licensed residential appraiser” as defined in RSA 310-B:2 VIII namely " a New Hampshire state licensed appraiser who develops and communicates real estate appraisals and who holds a valid license issued for residential real estate appraising under the provisions of this chapter."

          (w)  “Market analysis” means a study of real estate market conditions for a specific type of property.

          (x)  “Non-resident” means an individual who is not a legal resident of New Hampshire.

          (y)  “Person” means an individual, partnership, corporation, association, governmental sub-division or public or private organization of any character.

          (z)  “Property Type” means those individual appraisal types necessary to comply with the experience criteria in order to qualify an individual to become a licensed residential real estate appraiser, certified residential real estate appraiser or a certified general appraiser.

          (aa)  “Real estate appraisal” means the act or process of estimating value, an opinion of value, or pertaining to appraising and related functions, of real estate.

          (ab)  “Residential appraisal” means a real estate appraisal for real property that is used or intended to be used as a residence for one to 4 families.

          (ac)  “Review” means the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal, appraisal review, or appraisal consulting assignment.

          (ad)  “Uniform Standards of Professional Appraisal Practice (USPAP)” means the standards of professional appraisal practice, including ethical standards, as promulgated by the ASB.

PART Rab 102 DESCRIPTION OF THE BOARD

          Rab 102.01  Meetings of the Board.

          (a)  The board is comprised of 7 members who are appointed pursuant to RSA 310-B:4.

          (b)  Pursuant to RSA 310-B:4, VII, the board elects its chair, who then presides over all meetings of the board.  In the chair’s absence, the vice chair shall preside.  The meetings are conducted in accordance with “Robert’s Rules of Order Newly Revised,” ninth edition, 1990.

          (c)  Pursuant to RSA 310-B:4, VI, board meetings are held at least quarterly, although the board also meets at the call of the chair or if 4 or more members request a meeting.

          (d)  The first regular meeting of the state fiscal year is the annual meeting at which the board shall elects its chair and vice chair.

          (e)  All board meetings are noticed and open to the public as required by RSA 91-A:2.

          Rab 102.02  Duties of the Board.

          (a)  The board is responsible for carrying out the provisions of RSA 310-B and these rules.

          (b) The board maintains an office where all records are kept, and employs staff adequate to accomplish all those tasks designated by the board.

          (c)  The board adopts rules pursuant to RSA 541-A as necessary for its operation and implementation of RSA 310-B.

          (d) The board investigates and acts upon all written complaints and prescribes disciplinary action as required per RSA 541-A, RSA 310-B and these rules.

          (e)  The board appoints a board member to act as complaint officer.  The complaint officer serves in such capacity until he or she resigns as the complaint officer or until the board appoints a new complaint officer.  The complaint officer investigates, or assigns an investigator to investigate, complaints and attempts to resolve them without the need for a formal hearing.  The complaint officer does not participate as a fact-finder in deciding any issues that remain unresolved and are the subject of a hearing.

          (f) The board appoints or employs investigators as necessary for assistance and to the extent authorized by the New Hampshire legislature through the state budget. 

          (g)  The board establishes all educational requirements for educational programs, courses of study and continuing education.

          (h)  The board adopts the code of ethics and standards of professional appraisal practice as set forth in USPAP.

          (i)  The board establishes and administers all requirements for licensure by reciprocity.

          (j) The board issues licenses, certificates, and apprentice classifications and renewals thereof in accordance with RSA 310-B and these rules.

          (k)  The board sets all fees authorized by RSA 310-B:20.

PART Rab 103  PUBLIC REQUESTS FOR INFORMATION

          Rab 103.01 Public Access.

          (a)  Members of the public may request in writing to have copies of RSA 310-B, adopted or proposed rules, or materials incorporated by reference in the rules sent to them or may obtain these documents personally at the board’s offices.  The board will charge, pursuant to RSA 91-A:4, IV, the actual cost of providing such requested copies.

          (b)  Members of the public may inspect and/or review copies of RSA 310-B the board’s proposed and adopted rules, and all other public documents in the possession of and pertaining to the board during regular business hours at the offices of the board.

CHAPTER Rab 200 PRACTICE AND PROCEDURE

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PART Rab 201  PURPOSE AND SCOPE

          Rab 201.01  Purpose and Scope.  The board has enacted these rules to establish procedures for acquiring information to make fair and reasoned decisions.  This chapter provides rules of procedure for the conduct of investigations, adjudicative hearings in contested cases, non-adjudicative hearings, declaratory rulings, and actions on rulemaking petitions.

          Rab 201.02  Failure to Comply with Rules.  Failure to comply with these rules shall result in:

          (a)  A refusal to accept a non-complaint document for filing;

          (b)  The denial of a non-complaint application, petition or motion;

          (c)  The issuance of an order adverse to any complaint person; or

          (d)  Such other action as is reasonably likely to bring about compliance.

PART Rab 202  DEFINITIONS

          Rab 202.01  “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541A:31 through RSA 541A:36.”

Rab 202.02 “Complaint” means an allegation in writing and submitted to the board that an appraiser has committed misconduct.

          Rab 202.03  “Complaint officer” means the board member to whom the board has delegated, pursuant to Rab 102.02(e), the authority and responsibility to investigate, or assign an investigator, and attempt to resolve each complaint alleging professional misconduct by an apprentice or appraiser. 

          Rab 202.04  “Complainant” means the person who submits a complaint alleging professional misconduct by an apprentice or appraiser.

          Rab 202.05  “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after notice and opportunity for hearing.”

          Rab 202.06  “Docket marking” means a number given to an adjudicative proceeding pursuant to Rab 208.03.

          Rab 202.07  “Hearing” means the receipt and consideration by the board of evidence, argument, or both, by methods appropriate to the circumstances, to render decisions in adjudicative proceedings and includes:

          (a)  Conducting trial-type evidentiary hearings;

          (b)  Directing the filing of exhibits, affidavits, memoranda, or briefs;

          (c)  Directing the delivery of oral argument; and

          (d)  Any combination of these and similar processes or actions.

          Rab 202.08  “Investigation” means a formal or informal search by the board for data concerning matters within its jurisdiction.

          Rab 202.09  “Investigator” means the board member, committee of board members, or other individual or committee of individuals qualified by reason of education or experience, to investigate a complaint.

          Rab 202.10  “Motion” means any request by a party to a proceeding for an order relating to that proceeding.

          Rab 202.11  “Notice” means a notification to all parties as to a pending action or result thereof, including time and date notification.

          Rab 202.12  “Order” means a document issued by the board requiring a person to do or to abstain from doing something, or determining a person’s rights to a license, certification or to some other property or privilege.

          Rab 202.13  “Party” means each person named or admitted as a party or properly seeking and entitled as a right to be admitted as a party.  The term includes, when used in the context of an adjudicative hearing, intervenors admitted pursuant to RSA 541-A:32.

          Rab 202.14  “Petition for declaratory ruling” means a request to the board for a ruling as to the specific applicability and clarification of any statutory provision enforced or administered by, or of any rule or order of, the board.

          Rab 202.15  “Petition for rulemaking” means a request to the board to adopt, amend or repeal a rule.

          Rab 202.16  “Petitioner” means a person who makes an application, complaint, request or other communication to the board other than a motion, seeking an order, license, action, or any other relief.

          Rab 202.17  “Rulemaking” means the process set forth in RSA 541-A for the adoption of rules.

PART Rab 203  COMPLAINTS ALLEGING PROFESSIONAL MISCONDUCT

          Rab 203.01 Complaints.

          (a)  All allegations of professional misconduct, negligence or questionable appraisals shall be submitted in writing and shall be known as complaints.  All complaints that comply with (b) below shall be investigated by the board pursuant to Rab 203.02.

          (b)  Persons filing complaints shall provide the following:

            (1)  The specific grounds for any alleged misconduct;

(2)  Detailed facts constituting the allegation;

(3)  The specific appraisal in question;

(4)  A description of any supporting information;

(5)  The name, address and telephone number of individual appraiser performing the work in question on the complaint;

(6)  The certificate or license number of the appraiser against whom the complaint is brought;

(7)  All copies of any supporting documentation;

(8)  A statement whether any court action has been initiated involving the appraisal or conduct at issue;

(9)  The name, address and telephone of the complainant; and

(10)  The date and signature of the complainant.

          (c)  Complaints shall be submitted to the board at least 10 working days prior to a regularly scheduled meeting in order to appear on the agenda for that meeting.

          Rab 203.02  Investigation of Complaints.

          (a)  Notwithstanding any other provisions, the board shall, within the limits of its authority, and acting through its complaint officer or through other investigators pursuant to Rab 102.02(f), in the course of an investigation, make inquiry of any person, gather data, and prepare informative reports for use by the board to assist the board to fairly evaluate a complaint.

          (b)  Upon receiving any written complaint that complies with Rab 203.01, the following procedure shall be followed:

(1)  The complaint officer shall review the complaint prior to the next board meeting and recommend to the board whether the complaint should be investigated further or dismissed;

(2)  At its next meeting the board shall vote to accept or reject the complaint officer’s recommendation made pursuant to (1) above;

(3)  The complaint officer or other investigator shall discuss the complaint with the complainant, the appraiser, and every other person necessary for a full and fair evaluation of the complaint;

(4)  In instances where an appraisal report is included as part of the complaint, the complaint officer or other investigator shall evaluate the appraisal report for conformity with Uniform Standards of Professional Appraisal Practice (USPAP) as a part of the investigation;

(5)  When the investigation has been completed, and not before then, the complaint officer shall attempt to resolve the complaint on an informal basis;

(6)  After informal resolution of the complaint pursuant to (6) above has been attempted, and regardless of whether such attempt was successful, the complaint officer shall provide a report of investigation on the complaint including a recommendation for the disposition of the complaint;

(7)  After considering the complaint officer’s report of investigation, the board shall:

a.  Dismiss the complaint if the information gathered in the investigation does not suggest that the apprentice or appraiser committed misconduct;

b.  Accept the informal resolution of the complaint if such resolution was agreed to by the appraiser and the board agrees that the terms of the resolution address the basis or bases for the complaint in such a way as to protect the public from and prevent subsequent misconduct by the appraiser;

c.  Commence an adjudicative hearing if the evidence suggests that the apprentice or appraiser engaged in misconduct and an informal resolution was not accepted by the appraiser or the board; or

d.  Investigate the complaint further if the information gathered in the investigation is not sufficient to decide to dismiss the complaint pursuant to 8.a. above or to commence an adjudicative hearing pursuant to 8.c. above; and

(8)  The complaint officer shall not vote on the disposition of the complaint or render a decision on the matter if it goes to hearing.

          (c)  If the board votes to commence an adjudicative hearing, the board shall direct the complaint officer to explore resolution of the complaint through a proposed settlement with the appraiser.  If the complaint officer and the appraiser reach a proposed settlement, the complaint officer shall submit it to the board for its review. 

          (d)  If a proposed settlement agreement is reached pursuant to (c) above and the board concludes that its terms address the basis or bases for the complaint in such a way as to protect the public from and prevent subsequent misconduct by the appraiser, it shall preliminarily approve it. 

PART Rab 204 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULE

        Rab 204.01 Presiding Officer; Appointment; Authority.

      (a)  All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer.

      (b)  A presiding officer shall as necessary:

              (1)  Regulate and control the course of a hearing;

              (2)  Facilitate an informal resolution acceptable to all parties;

              (3)  Administer oaths and affirmations;

              (4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

              (5)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

              (6)  Question any witness to develop a complete record;

             (7)  Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

             (8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

      Rab 204.02   Withdrawal of Presiding Officer.

            (a)  Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause, withdraw from any hearing.

            (b)  Good cause shall exist if a presiding officer or board official:

(1)        Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;  

(2)        Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case;

(3)        Personally believes that he or she cannot fairly judge the facts of a case.

            (c)        Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

         Rab 204.03 Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

PART Rab 205 FILING, FORMAT AND DELIVERY OF DOCUMENTS

          Rab 205.01  Date of Issuance or Filing. All documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

Rab 205.02  Format of Documents.

            (a)  All correspondence, pleadings, motions or other documents filed under these rules shall:

                        (1)  Include the title and docket number of the proceeding, if known;

                        (2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

                        (3)  Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

                        (4)  Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Rab 204.03.

            (b)  A party or representative's signature on a document filed with the board shall constitute certification that:

                        (1)  The signer has read the document;

                             (2)  The signer is authorized to file it;

                        (3)  To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

                        (4)    The document has not been filed for purposes of delay.

Rab 205.03  Delivery  of Documents.

            (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

            (b)  All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

            (c)  Delivery  of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party or if represented to the party’s representative.

            (d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

PART Rab 206 TIME PERIODS

          Rab 206.01 Computation of Time. 

            (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

            (b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

            (c)  If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

PART Rab 207 MOTIONS AND PLEADINGS

          Rab 207.01  Motions; Objections.

              (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

              (b)  Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing.  If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall order the moving party to submit the motion in writing, with supporting information within 5 days of the order. Objections to such motions shall be filed within 5 days of the filing of the motion.

              (c)  Objections to written motions shall be filed within 30 days of the date of the motion;

              (d)  Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

              (e)  The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

          Rab 207.02 Pleadings.

              (a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings.

              (b) All petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts that caused the petitioner to request the board to act;

(4) The action that the petitioner wishes the board to take; and

(5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

            (c) Board replies to petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition;

(4) A statement addressing the authority identified by the petitioner;

(5) A concise response to each statement;

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7) The action the board took.

           (d) Replies shall be filed within 90 days from the date of the petition.

PART Rab 208 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

         Rab 208.01  Commencement of Hearing.  A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Rab 208.03.

         Rab 208.02 Docket Numbers.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

         Rab 208.03 Notice of Hearing. 

            (a) A notice of a hearing issued by the board at least 30 days prior to the hearing  shall contain the information required by RSA 541-A:31, III, namely:

              (1)  A statement of the time, place and nature of any hearing;

              (2)  A statement of the legal authority under which a hearing is to be held;

                (3)  A reference to the particular statutes and rules involved including this chapter;                     

              (4)  A short and plain statement of the issues presented;

              (5)    A statement that each party has the right to have an attorney represent them at their own expense; and

              (6)    A statement that each party has the right to have the board provide a licensed court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing. 

            Rab 208.04 Appearances and Representation.

         (a)  A party or the party’s representative shall file an appearance that includes the following information:

(1)  A brief identification of the matter;

(2)  A statement as to whether or not the representative is an attorney; and

(3)  The party or representative's daytime address and telephone number.

      Rab 208.05 Prehearing Conference.  Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference in accordance with RSA 541-A:31,V to consider:

      (a)  Offers of settlement;

      (b)  Simplification of the issues;

      (c)  Stipulations or admissions as to issues of fact or proof by consent of the parties;

      (d)  Limitations on the number of witnesses;

      (e)  Changes to standard procedures desired during the hearing by consent of the parties;

      (f)  Consolidation of examination of witnesses; and

      (g)  Any other matters which aid in the disposition of the proceeding.

PART Rab 209 ROLES OF BOARD STAFF AND COMPLAINANTS

         Rab 209.01 Role of Board Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, board staff shall have no role in any enforcement or disciplinary hearing. 

         Rab 209.02 Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Rab 210 INTERVENTION 

         Rab 210.01  Intervention.

            (a)  A non-party may intervene in a matter pending before the board  under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

            (b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the presiding officer shall grant the motion for intervention. 

              (c)  Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

           (d) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

          (e) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

(f) Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

PART Rab 211 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

          Rab 211.01  Postponements.

                 (a)  Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

              (b)  If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

            (c)  If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

Rab 211.02  Failure to Attend Hearing.

           (a)  If any party to whom notice has been given in accordance with Rab 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default unless failure to attend is justified by a showing of good cause.

           (b)  Good cause shall include accident, illness or other circumstances beyond the control of the licensee.

           (c)   In the absence of good cause for failure to attend the hearing, the presiding officer shall:

              (1)    Dismiss the case, if the party with the burden of proof fails to appear;

                 (2)    Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case; or

              (3)    Grant a postponement of the hearing under the provisions of Rab 211.01.

PART Rab 212 REQUESTS FOR INFORMATION OR DOCUMENTS

         Rab 212.01 Voluntary Production of Information. 

            (a) Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production of information or documents relevant to the hearing.

            (b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Rab 212.02.

         Rab 212.02 Motions to Compel Production of Information

            (a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests.  The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.      

            (b)  The moving party’s motion shall:

                        (1)  Set forth in detail those factors which it believes justify its request for information; and

                        (2)  List with specificity the information it is seeking to discover.

            (c)  When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

           Rab 212.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

PART Rab 213 RECORD, PROOF, EVIDENCE AND DECISIONS

          Rab 213.01 Record of the Hearing.

           (a)       The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III.

            (b)      If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

            (c)      At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a licensed court reporter provided by the board at the requesting party’s expense.  A request for a licensed court reporter shall be filed at least 10 days prior to the hearing.

         Rab 213.02 Standard and Burden of Proof. The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

            Rab 213.03  Testimony; Order of Proceeding

              (a)  Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding.  If the person is representing another person, the person being represented shall also be identified.

              (b)  Testimony shall be offered in the following order:

            (1)  The party or parties bearing the burden of proof and such witnesses as the party may call;

            (2)  The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

          Rab 213.04 Evidence.

              (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

              (b)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

              (c)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

              (d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

          Rab 213.05 Proposed Findings of Fact and Conclusions of Law. 

            (a)  Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

            (b)  Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

              (c)  In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

          Rab 213.06  Closing the Record.

            (a)  After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Rab 213.08.

            (b)  Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing.  If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence and for cross examination on such evidence. 

          Rab 213.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

          Rab 213.08 Decisions.

            (a)  A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

            (b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

              (c)  If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

            (d)  A proposal for decision shall become a final decision upon its approval by the board.

            (e)  The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

PART Rab 214 MOTION FOR REHEARING

            Rab 214.01 Purpose.  The rules in this part are intended to apply whenever any person to requests a rehearing of a decision of the board.

            Rab 214.02 Applicability.  The rules in this part shall apply whenever any person requests a rehearing of a decision.

            Rab 214.03 Filing and Content of Motion.

(a)  The motion for rehearing shall be filed within 30 days of the date of the board decision or order. 

(b)  A motion for rehearing shall:

(1)  Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2)  Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion, arbitrary, or capricious.

(3)  State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4)  Include any argument or memorandum of law the moving party wishes to file.

            Rab 214.04 Standard for Granting Motion for Rehearing. A motion for rehearing shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

          Rab 214.05 Decision on Motion for Rehearing.  The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

PART Rab 215  RULEMAKING

          Rab 215.01  How Adopted.  A board rule, or any amendment or repeal thereof, shall be adopted by an order and pursuant to the process required by RSA 541-A.  Rules may be proposed by any person through the petition process.  The order adopting a rule shall contain a concise statement of the statutory authority for the rule, the reasons for its adoption, and any other data required by statute.

          Rab 215.02  Explanation after Adoption.

          (a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board.

          (b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

          Rab 215.03  Petition for Rulemaking.

          (a)  Any person may petition the board to commence a rulemaking proceeding for the purpose of adopting, amending, or repealing a rule.

          (b)  The petition shall contain:

(1)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

(2)  If the petitioner proposes to amend an existing rule, the specific insertions and deletions sought;

(3) If the petitioner proposes to repeal an existing rule, an identification of the particular rule sought to be repealed;

(4)  Any data or argument the petitioner believes would be useful to the agency in deciding whether to commence a rulemaking proceeding; and

(5)  A statement specifying the reasons the petitioner believes such adoption, amendment, or repeal should be undertaken by the board.

          Rab 215.04  Disposition of Petition.

          (a)  The board shall, within 30 days from receipt of the petition, by order, grant or deny a petition for rulemaking.  Before issuing that order, however, the board shall request additional data or argument from the petitioner or seek such information from others if the board determines that it needs such additional data, argument, or information to be able to render a decision on the merits of the petition.

          (b)  A petition shall be granted by the board if the board determines that the requested action falls within the board’s authority, conforms to substantive provisions of statutes implemented by the board, and is consistent with policy considerations underlying the board’s purpose.

          (c)  If the petition is denied, the board shall state the reason therefore in the order. Petitions for rulemaking shall be evaluated by the board in conformance with RSA 541-A.

PART Rab 216  RULEMAKING PUBLIC COMMENT HEARINGS

            Rab 216.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment relative to rulemaking from the public will be accepted for evaluation and consideration by the board.

          Rab 216.02  Scope.

          (a)  This part shall apply to all hearings required by RSA 541-A to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

          (b)  If any requirement set by these rules conflicts with an applicable statute, such other authority shall control.

          Rab 216.03  Notice.

          (a)  A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the “Rulemaking Register” so that it shall appear at least 20 days prior to the hearing date.

          (b)  Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

          (c)  Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

          Rab 216.04  Media Access.

          (a)  Public comment hearings shall be open to the print and electronic media.

          (b)  The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1)  Limit the number of media representatives when their presence is disproportionate to the number of other citizens present and would cause other citizens to be excluded;

(2)  Limit the placement of television cameras to certain locations in the hearing room; and

(3)  Prohibit interviews from being conducted within the hearing room during the hearing.

          Rab 216.05  Moderator.

          (a)  The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

          (b)  The moderator shall:

(1)  Call the hearing to order;

(2)  Cause a recording of the hearing to be made;

(3)  Place limits on the media to avoid disruption as set out in Rab 216.04(b);

(4)  Recognize those who wish to be heard and establish the order thereof;

(5)  Place limitations on speakers as set out in Rab 216.06;

(6)  Remove or have removed any person who disrupts the hearing;

(7)  Provide opportunity for the submission of written comment; and

(8)  Adjourn the hearing.

          Rab 216.06  Public Participation.

          (a)  Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers’ list before the last speaker on the list has finished speaking. All whose names appear on the speakers’ list, as provided, shall be afforded reasonable time to speak at the hearing.  The moderator shall limit the amount of time each speaker may speak to a reasonable time based on the number of people who wish to be heard, the time, and the availability of the facility.

          (b)  The moderator, on behalf of the board, shall:

(1)  Refuse to recognize a person who refuses to give his or her full name and address;

(2)  When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

(3)  Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4)  Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues which are the subject of the hearing.

          (c)  Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

          (d)  In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number who can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Rab 217  DECLARATORY RULINGS

          Rab 217.01  Petition for Declaratory Ruling.

          (a)  A petition for declaratory ruling shall be used by a petitioner to request binding guidance as to the applicability of a statutory provision, order, or rule enforced by the board to the petitioner and his or her factual situation.

          (b)  Each petition for a declaratory ruling shall:

(1)  Be in writing;

(2)   Specifically identify which statute, rule or order on which a ruling is sought; and

(3)   Set forth all material facts or circumstances relevant to the ruling being sought.

          Rab 217.02  Disposition of Petition.  The board shall, within 90 days from the receipt of the petition, issue a declaratory ruling.  If the board determines that any petition does not meet the requirements of Rab 217.01, it shall immediately notify the petitioner in writing of the specific deficiencies.

CHAPTER Rab 300 APPRENTICE CLASSIFICATION, CERTIFICATE AND LICENSE REQUIREMENTS

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PART Rab 301  APPLICATION FOR APPRENTICE CLASSIFICATION, LICENSE OR CERTIFICATE

          Rab 301.01  Application Process and Classification Overview.

           (a)        A person wishing to become licensed shall submit an application form provided by the board containing the information specified in Rab 301.02, including the application fee specified in Rab 306.01 and the fee required by 12 U.S.C. 3338.   

            (b)        An application, which is not signed by the applicant, and is not accompanied by cash, a valid check or a valid credit card for the application fee, shall not be accepted and shall be returned to the applicant.

            (c)        If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Rab 208 on the deficiency issues identified by the board. Any such request shall be made in writing and received by the board within 30 days of the receipt of the notification of denial.

           (d)       An application for which there has been no communication by the applicant to the board for one year shall be destroyed.

          (e)  Individuals may apply for the following types of classification, licenses, and certificates issued by the board:

(1)  Apprentice classification;

(2)  Licensed residential real estate appraiser;

(3)  Certified residential real estate appraiser and;

(4)  Certified general real estate appraiser.

          Rab 301.02  Application. An applicant for real estate appraiser licensure or certification shall present the following on or with the application provided by the board:

          (a)  Name and date of birth;

          (b)  Mailing and electronic address;

          (c)  Principal business address and all other addresses at which the applicant is currently engaged in the business of preparing real estate appraisal reports;

          (d)  State and county of legal residency;

          (e)  Business telephone number;

          (f)  Appraiser licenses or certificates currently or previously held, including:

a.  State issuing the license or certificate;

b.  License or certificate number, if applicable; and

c.  Effective dates;

          (g)  Other names by which the applicant has been or is known, and applicable dates;

          (h)  A statement regarding whether any appraiser license or certificate has ever been refused, revoked, suspended or other disciplinary action taken against the applicant for appraisal activity in any state, including all material details relative to such action;

          (i)  A statement that explains all the material details relative to any conviction, whether by verdict or any plea, for a felony or misdemeanor as set forth in RSA 310-B:5-a that has not been annulled by a court of competent jurisdiction, including:

a.  The specific statute(s) violated;

b.  The court in which such conviction occurred;

c.  The date of the conviction;

d.  The sentence imposed by the court; and

e.  Whether the sentence has been fully served;

          (j)  Statement of any previous applications for a New Hampshire appraiser license or certificate, including full details relative to such applications;

          (k) The applicant’s social security number required pursuant to RSA 161-B:11, VI-a;

          (l)  A completed qualifying education course matrix documenting completion of the required core curriculum as specified in Rab 302.09, including written documentation issued by the course provider that a passing grade was achieved on each course;

          (m)  List of appraisal experience, on separate sheets for residential and commercial appraisals, including the following for each appraisal listed:

a.  File number, or other reference information used by the applicant to retrieve the file in question;

b.  Date of the appraisal;

c.  Address of the property that was the subject of the appraisal;

d.  The type of appraisal performed, from the following list:

l.  Residential, single family;

2.  Residential, 2 to 4 family;

3.  Residential building lot;

4.  Undeveloped commercial/industrial land;

5.  Single occupant commercial/industrial property;

6.  Multiple occupant commercial/industrial property;

7.  Other property types, providing a short description of each such type;

8.  Feasibility study;

9.  Market analysis;

10.  Cash flow; and

11.  Investment analysis;

e.  The estimated value stated in the appraisal report;

f.  The client;

g.  The credit hours requested to be granted toward the experience requirement; and

h.  Whether the applicant requests credit hours as a reviewer or co-signer of the appraisal report;

          (n)  Separately signed and dated affirmations by the applicant that he or she:

a.  Understands and accepts that the application shall be of a continuing nature;

b.  Shall notify the board of and supply all changes in information submitted as part of the application prior to the issuance of a license or certificate; and

c.  Understands the types of misconduct for which disciplinary action can be initiated against him/her as set forth in RSA 310-B:5-a and RSA 310-B:18, and will comply with the standards set forth in RSA 310-B:18-a;

          (o)  Non-resident applicants shall submit to the board a signed and dated irrevocable consent for service of process, as required by RSA 310-B:11, I; and

          (p)  The applicant shall sign and date the application form, thereby indicating that the application in its entirety is accurate and complete to the best of his or her knowledge and belief.; and

          (q) Applicants shall pay the application fee specified in Rab 306.01.

          Rab 301.03  Apprentice Application.

          (a)    To be considered for an apprentice classification, the applicant shall present the following on or with the application provided by the board:

(1)  Name and date of birth;

(2)  Mailing and electronic address;

(3)  State of legal residency;

(4)  Daytime telephone number;

(5)  Other names by which the applicant has been or is known, and applicable dates;

(6)  A statement regarding any apprentice credential, appraiser licenses or certificates that have been refused, revoked, suspended or other disciplinary action for appraisal activity in any state, including all material details relative to such action;

(7)  The material details relative to any conviction, whether by verdict or any plea, for a felony or misdemeanor as set forth in RSA 310-B:5-a that has not been annulled by a court of competent jurisdiction, including:

a.  The specific statute(s) violated;

b.  The court in which such conviction occurred;

c.  The date of the conviction;

d.  The sentence imposed by the court; and

e.  Whether the sentence has been fully served;

(8)  A completed qualifying education course matrix documenting completion of the required core curriculum as specified in Rab 302.09, including written documentation issued by the course provider that a passing grade was achieved on each course;

(9)  The name of the certified individual who will agree to serve as the apprentice’s supervising appraiser;

(10)  A written, signed, and dated acknowledgement from the supervising appraiser; and

(11)  Separately signed and dated affirmations by the applicant that he or she:

a.  Understands and accepts that the application shall be of a continuing nature;

b.  Shall notify the board of and supply all changes in information submitted as part of the application prior to the issuance of a license or certificate; and

c.  Understands the types of misconduct for which disciplinary action can be initiated against him/her as set forth in RSA 310-B:5-a and RSA 310-B:18, and will comply with the standards set forth in RSA 310-B:18-a.

          (b)  Non resident applicants shall submit to the board a signed and dated irrevocable consent for service of process form, as required by RSA 310-B:11, I.

          (c)  The applicant shall sign and date the application form, thereby indicating that the application in its entirety is accurate and complete to the best of his or her knowledge and belief.

           (d)   Applicants shall pay the application fee specified in Rab 306.01.

          Rab 301.04  Additional Requirements.

          (a)  Each application for classification, licensure, or certification shall be of a continuing nature and it shall be the responsibility of the applicant to provide changes in information to the board at any point up to the issuance of the classification, license, or certificate.

          (b)  Holders of classification, licenses and certificates shall comply with the standards of practice and standards of conduct set forth in RSA 310-B.  Disciplinary action shall be initiated by the board for misconduct by such persons as set forth in Rab 402 and RSA 310-B.

          (c)  Each applicant shall submit to the department of safety, division of state police, a notarized criminal record release authorization along with any required fee, with the board identified as the recipient of the record or records.

PART Rab 302  QUALIFICATIONS

          Rab 302.01  Experience Required.

          (a)  Candidates shall meet the experience requirements established by the AQB, in the “The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria”, adopted January 1, 2008 as published on January 1, 2012. This shall include the appendix containing the appraiser qualifications criteria adopted in December 2011, which appraisers shall comply with on and after January 1, 2015, This document shall be available as noted in Appendix A.

          (b)  Each person who seeks to become a licensed or certified real estate appraiser shall accrue at least the minimum number of hours of experience within the minimum time period as specified below.  No person who has accrued less than the minimum number of hours of experience or who has accrued experience in less than the minimum time period shall apply for licensure or certification.  However, there shall be no maximum time period during which a candidate may accrue experience.

          (c)  Each person who seeks to become a licensed residential real estate appraiser shall accrue at least 2,000 hours which shall be accrued in no fewer than 18 months.  However, experience hours in excess of the 2000 may be accrued, but shall not be applied toward licensure until the person has reached the end of the minimum 18-month period.

          (d)  Each person who seeks to become a certified residential real estate appraiser shall accrue at least 2500 hours of appraisal experience in no fewer than 24 months.  Experience hours in excess of the 2500 may be accrued, but shall not be applied toward licensure until the person has reached the end of the minimum 24-month period.

          (e)  Each person who seeks to become a certified general real estate appraiser shall accrue at least 3000 hours of appraisal experience, of which at least 1,500 hours shall have been in non-residential appraisal work, obtained in no fewer than 30 months.  Experience hours in excess of the 3000 total hours and 1,500 hours of nonresidential appraisal work may be accrued, but shall not be applied toward licensure until the person has reached the end of the minimum 30-month period.

          Rab 302.02  General Criteria for Experience.

          (a)  Experience shall consist of verifiable time spent in performing tasks in accordance with:

(1)  “The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria”, adopted January 1, 2008 as published on January 1, 2012. This shall include the appendix containing the appraiser qualifications criteria adopted in December 2011, which appraisers shall comply with on and after January 1, 2015, This document shall be available as noted in Appendix A.; and

(2)  The requirements of the then-current “Uniform Standards of Professional Appraisal Practice” (USPAP) adopted by the ASB, as required by RSA 310-B:18-a.

          (b)  Acceptable appraising experience shall include appraisal, appraisal review and appraisal consulting that:

(1)  Was obtained after January 30, 1989;

(2)  Conforms to Standards 1, 2, 3, 4 and/or 5, of USPAP; and

(3)  Demonstrates proficiency in appraisal principles, methodology, procedures, and reporting conclusions.

          (c)  Appraisal experience may include, but shall not be limited to, the following types of appraisal activities:

(1)  Real property appraisals;

(2)  Real property appraisal review; and

(3)  Appraisal consulting assignments as defined by USPAP.

          Rab 302.03  General Educational Requirements for Certification.

          (a)  Each applicant for certification as a residential real estate appraiser shall hold an associate’s degree, or higher, from a college, junior college, community college, or university accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

          (b)  On and after January 1, 2015, each applicant for certification as a residential real estate appraiser shall hold a bachelor’s degree, or higher, from a college, junior college, community college, or university accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

          (c)  In lieu of the associate’s degree required pursuant to (a) above, an applicant shall successfully pass all of the following collegiate subject matter courses from an accredited college, junior college, community college, or university for at least 21 semester credit hours or its equivalent:

(1)  English composition;

(2)  Principles of economics, micro or macro;

(3)  Finance;

(4)  Algebra, geometry, or higher mathematics;

(5)  Statistics;

(6)  Computer science;

(7)  Business or real estate law;

(8)  Green building; and

(9)  Seller concessions.

          (d)  If the accredited college or university accepts the College-Level Examination Program® (CLEP) examination(s) and issues a transcript for the exam showing its approval, the board shall consider such examination result to be the equivalent of credit for the college course.

          (e)  Each applicant for certification as a general real estate appraiser shall hold a bachelor’s degree, or higher, from a college, junior college, community college, or university accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

          (f)  In lieu of the bachelor’s degree required pursuant to e above, an applicant shall successfully pass all of the following collegiate subject matter courses from an accredited college, junior college, community college, or university for at least 30 semester credit hours or its equivalent:

(1)  English Composition;

(2)  Micro Economics;

(3)  Macro Economics

(3)  Finance;

(4)  Algebra, Geometry, or higher mathematics;

(5)  Statistics;

(6)  Computer science;

(7)  Business or Real Estate Law;

(8)  Green building;

(9)  Seller concessions; and

(10)  At least 2 elective courses in accounting, geography, agricultural economics, business management, or real estate.

          (g)  If the accredited college or university accepts the College-Level Examination Program® (CLEP) examination(s) and issues a transcript for the exam showing its approval, the board shall consider such examination result to be the equivalent of credit for the college course.

          (h)  Not withstanding (f) above, on and after January 1, 2015 each applicant for certification as a general real estate appraiser shall hold at least a bachelor’s degree, or higher, from a college, junior college, community college, or university accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education.

          (i)  On and after January 1, 2015 each applicant for licensure as a residential real estate appraiser shall have 30 semester credit hours of college level education from a college, junior college, community college, or university accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education or an associates degree or higher in any field.

          Rab 302.04  Experience Hour Standards.

          (a)  The number of hours of experience that a licensed or certified residential real estate appraiser applicant can claim shall be the actual number of hours required to complete each assignment, up to the maximum number of hours as indicated in Table 3.2.1 “Appraisal Type and Maximum Experience Hours For Licensed Or Certified Residential Real Estate Appraiser” below for each appraisal type:

Table 3.2.1  Appraisal Type and Maximum Experience Hours

For Licensed Or Certified Residential Real Estate Appraiser Applicants

Appraisal Type

Maximum Hours

Residential report, single family

8 hours

Residential report, 2 to 4 family

12 hours

Residential  report, building lot

6 hours

Any written narrative appraisal report of a residential property

20 Hours

          (b)  Reports prepared pursuant to (a) above shall, unless they are narratives, be on forms such as those developed by Fannie Mae, provided that all reports are made to comply with USPAP.

          (c)  The number of hours of experience that a certified general real estate appraiser applicant can claim shall be the actual number of hours required to complete each assignment, up to the maximum number of hours as indicated in Table 3.2.2 “Appraisal Type and Credit Hours For Certified General Real Estate Appraiser Applicants” below for each appraisal regardless of value:

Table 3.2.2  Appraisal Type and Maximum Credit Hours

For Certified General Real Estate Appraiser Applicants

Appraisal Type

Maximum Hours

Undeveloped land

24 hours

Single occupant Commercial / industrial property

32 hours

Multi occupant Commercial / industrial property

40 hours

Add for absorption analysis

+10 hours

Add for performing both “as is” and “value upon completion”

+10 hours

          (d)  For any appraisal that requires valuation “before-and-after” such as in condemnation work or in the valuation of easements, 150% of the hours cited in 302.04(a) – (c) may be claimed.

          (e)  Applicants shall be awarded credit for the actual hours, up to a maximum of 40, spent in the preparation of feasibility studies, market analysis, cash flow analysis, investment analysis and other appraisal consulting assignments provided the reports conform to USPAP Standards 4 and 5, if applicable, and if such work demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.

          (f)  It shall not be necessary that there be a client for an appraisal to qualify for experience, but experience gained for work without a client shall not exceed 50% of the total experience requirement.

          Rab 302.05  Limitation for Certified General Real Estate Appraiser Applicants.  For certified general real estate appraiser applicants, 1500 hours of the experience requirement may be credited from the types of appraisals set forth in Rab 302.04 (a).  However, a minimum of 1500 hours shall be from the types of appraisals set forth in 302.04 (c).  Certified general real estate appraiser applicants who claim experience for residential property types as set forth in Rab 302.04 (a) shall demonstrate appraisal proficiency in appraising those property types to satisfy the experience requirements for general certification.

          Rab 302.06  Review Experience. Applicants may claim the actual time spent for reviews of appraisals prepared in compliance with USPAP Standard 3.  However, such time claimed shall not exceed 50 percent of the credit hours listed in Rab 302.04 (a) - (c),  for the type of appraisal reviewed.  

          Rab 302.07  Assessor Experience.  Experience as a real estate assessor shall not be substituted for real estate appraisal experience as required under this part.

          Rab 302.08  Reports, Documentation and Criteria.

          (a)  Experience shall be documented in the form of appraisal reports.  Applicants presenting such experience documents shall be prepared to provide further substantiation to verify appraisal experience documentation, and its conformity to USPAP.

          (b)  To be credited with the hours outlined in Rab 302.04 (a) – (c) appraisal reports shall conform to USPAP.

          Rab 302.09  Real Estate Appraiser Educational Requirements.

          (a)  “Classroom hour” for the purposes of this section, means at least 50 minutes of instruction or examination out of each 60 minute course segment.

          (b)  Experience accrued pursuant to Rab 302.02 – Rab 302.08 shall not be substituted for education.

          (c)  Applicants for apprentice classification, licensure, or certification shall complete formal instruction in real estate appraisals and appraisal ethics and standards for the total number of hours indicated below, pursuant to AQB’s core curriculum requirements as described below in this section.  In addition, applicants for certification shall also meet the general education requirements in Rab 302.03.

          (d)  Applicants for classification as an apprentice shall complete a minimum of 75 classroom hours in the subject areas and in the number of hours for each subject area as set forth in Table 3.2.4 “Apprentice 75-Hour Core Curricular Requirements” below:

Table 3.2.4 Apprentice 75-Hour Core Curricular Requirements

Basic Appraisal Principles

30 Hours

Basic Appraisal Procedures

30 Hours

The 15-Hour National USPAP Course or its Equivalent

15 Hours

          (e)    All qualifying education shall be completed within the 5 year period prior to the date of submission of an application for an apprentice credential.

          (f)  Applicants for licensure as a real estate appraiser shall complete a minimum of 150 classroom hours in the subject areas and in the number of hours for each subject area as set forth in Table 3.2.5 “Licensed Real Estate Appraiser 150-Hour Core Curricular Requirements” below:

Table 3.2.5 Licensed Real Estate Appraiser 150-Hour Core Curricular Requirements

Basic Appraisal Principles

30 Hours

Basic Appraisal Procedures

30 Hours

The 15-Hour National USPAP Course or its Equivalent

15 Hours

Residential Market Analysis and Highest & Best Use

15 Hours

Residential Appraiser Site Valuation and Cost Approach

15 Hours

Residential Sales Comparison and Income Approaches

30 Hours

Residential Report Writing and Case Studies

15 Hours

          (g)  Applicants for certification as a certified residential real estate appraiser shall complete a minimum of 200 classroom hours in the subject areas and in the number of hours for each subject area as set forth in Table 3.2.6 “Certified Residential Real Estate Appraiser 200-Hour Core Curricular Requirements” below:

          Table 3.2.6  Certified Residential Real Estate Appraiser 200-Hour Core Curricular Requirements

Basic Appraisal Principles

30 Hours

Basic Appraisal Procedures

30 Hours

The 15-Hour National USPAP Course or its Equivalent

15 Hours

Residential Market Analysis and Highest & Best Use

15 Hours

Residential Appraiser Site Valuation and Cost Approach

15 Hours

Residential Sales Comparison and Income Approaches

30 Hours

Residential Report Writing and Case Studies

15 Hours

Statistics, Modeling, and Finance

15 Hours

Advanced Residential Applications and Case Studies

15 Hours

Appraisal Subject Matter Electives (may include hours over minimums shown above)

20 Hours

          (h)  Applicants for certification as a certified general real estate appraiser shall complete a minimum of 300 classroom hours in the subject areas and in the number of hours for each subject area as set forth in Table 3.2.7 “Certified General Real Estate Appraiser 300-Hour Core Curricular Requirements” below:

Table 3.2.7 Certified General Real Estate Appraiser 300-Hour Curricular Requirements

Basic Appraisal Principles

30 Hours

Basic Appraisal Procedures

30 Hours

The 15-Hour National USPAP Course or its Equivalent

15 Hours

General Appraiser Market Analysis and Highest & Best Use

30 Hours

General Appraiser Site Valuation and Cost Approach

30 Hours

General Appraiser Sales Comparison Approaches

30 Hours

General Appraiser Income Approach

60 Hours

General Appraiser Report Writing and Case Studies

30 Hours

Statistics, Modeling, and Finance

15 Hours

Appraisal Subject Matter Electives (may include hours over minimums shown above)

30 Hours

          (i)  Classroom hours shall be credited only for educational offerings with content that follows the Required Core Curriculum.

          (j)  Courses taken to satisfy the qualifying education requirements shall not be repetitive.

          (k)  Each applicant shall take the 15-Hour National USPAP Course, or its equivalent, and pass the associated 15-Hour National USPAP Course Examination.  At least one of the course instructors shall be an AQB Certified USPAP Instructor who is also a state certified appraiser.  Equivalency shall be determined through the AQB Course Approval Program or by an alternate method established by the AQB.

          Rab 302.10  Documentation of Formal Instruction Required.

          (a)        Evidence of formal instruction shall be submitted to the board, and shall consist of written documentation issued by the course provider, such as an official transcript, that a passing grade was achieved. 

          (b)  Applicants shall submit, in addition to the materials required in Rab 302.10 (a), a completed qualifying education course matrix, which shall be available from the board.

          Rab 302.11  College Credit.  Notwithstanding the provisions of Rab 302.09 (a), appraisal courses completed at a college, university, junior college or community college shall receive 15 hours of credit for each credit hour granted for the course by the college, university, junior college, or community college.

          Rab 302.12  Qualified Course Credit.  For the purposes of meeting the requirements of Rab 302.09:

          (a)  Each course of instruction shall be for a duration of at least 15 hours;

          (b)  To receive credit for a course taken, the applicant shall achieve a passing score on an examination that tests the subject area of the course of instruction;

          (c)  Where the qualifying education course includes multiple topics identified within the Required Core Curriculum, testing of each component shall be required and the applicant shall comply with (b) above for each such component; and

          (d)  Each course of instruction shall be approved by the board pursuant to the criteria set forth in Rab 302.17.

          Rab 302.13  Course Providers.  For the purposes of meeting the requirements of Rab 302.09 formal instruction shall be provided by any of the following:

          (a)  Colleges or universities;

          (b)  Community or junior colleges;

          (c)  Real estate appraisal or real estate related organizations, including but not limited to the appraisal sponsors of the Appraisal Foundation, or the National Association of Realtors® and its affiliates;

          (d)  State or federal agencies or commissions;

          (e)  Proprietary schools; or

          (f)  Providers offering courses approved by the board pursuant to Rab 302.16.

          (g)  The Appraisal Foundation or its Boards.

          Rab 302.14  Time Limitation.  Each applicant shall have obtained at least 50% of their qualifying formal appraisal instruction within the 10 years prior to the submission of their application.

          Rab 302.15  Course Content.  The content of course instruction shall meet the minimum requirements of the AQB’s Core Curriculum as detailed in their Guide Note 1: AQB Guidance for Curriculum Content in the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria, adopted January 1, 2008, available as noted in Appendix A.

          Rab 302.16  Standards for Approval of Courses.  A course to be approved by the board shall comply with the following criteria:

          (a)  The content of the course of instruction shall be within those subject areas set forth in Rab 302.15;

          (b)  The course shall have been approved by the AQB’s Course Approval Program (CAP).

          (c)  Courses of instruction shall test competency in the subject area of the course through the use of a final examination;

          (d)  Final examinations shall consist of at least one hour of examination time for each 15 classroom hours of instruction; and

          (e)  Final examinations shall include questions that test the student’s knowledge of the subject area of the course of instruction.  Course providers shall submit sample examination questions to the board that indicate such examinations test knowledge.

         Rab 302.17  Criteria for Course Approval.

          (a)  Course outlines, syllabi and examinations shall be reviewed by the board for appraisal content and approved if the instruction indicated conforms to AQB standards.

          (b)  The board shall waive the requirement for CAP approval for good cause including but not limited to financial impracticability of applying for CAP approval if the course provider submits a written request to the board that includes the provider’s explanation of why the course should be approved by NH without CAP approval.

          (c)  If the board grants the waiver from CAP approval, the course provider shall submit to the board:

(1)  Sufficient materials to demonstrate that the course complies with Rab 302.16 and all other AQB requirements; and

(2)  An explanation of which portions of the required curriculum their course is intended to satisfy.

          (d)  A course provider seeking to offer a course that has already been approved by the board shall submit evidence that it has the course owner’s permission to teach that course and evidence that the instructor’s qualifications meet or exceed those required to teach the course.

          Rab 302.18  Distance Education.  Distance education shall not be used for qualifying education. 

PART Rab 303  EXAMINATIONS

          Rab 303.01  Prerequisite Educational Requirements.  Each applicant for licensure, or certification shall meet the prerequisite educational requirements set forth in Rab 302.09 to be qualified to sit for the uniform state certification or licensing examination approved by the AQB, offered and administered by the testing provider approved by the AQB, and graded according to AQB standards.

          Rab 303.02  Prerequisite Experience Requirements.

          (a)  Each applicant for licensure, or certification shall possess the prerequisite amount of experience as set forth in Rab 302.01 to sit for the uniform state certification or licensing examination approved by the AQB, offered and administered by the provider approved by the AQB and graded according to AQB standards. 

          (b)  There shall be no maximum time limit during which experience may be obtained however at least 25% of the experience requirement shall have been met in the 3 years prior to the submission of the application.

          Rab 303.03  Examination Required.

          (a)  A passing score on the uniform state certification or licensing examination shall be achieved in order to qualify for any classification, license, or certificate described in Rab 301.01(e).

          (b)  The examination shall be the Uniform State Appraiser Examination developed by the Appraiser Foundation or approved by the AQB.

          Rab 303.04  Notification of Examination Date; Identification.

          (a)  Applicants meeting the prerequisite educational and experience requirements in Rab 302 shall be notified in writing by the board or its agents of their status to sit for the certification or licensing examinations.

          (b)  The notification pursuant to (a) above shall include a validation card with information concerning testing and fees.

          (c)  The notification and validation card in (a) and (b) above shall be sent to each applicant upon approval of his or her application to sit for the examination.

          (d)  To gain admittance to the examination, applicants shall present the following to the examination administrators at the time of the examination administration:

(1)  A validation card; and

(2)  Picture identification of the applicant, including but not limited to a valid:

a.  Driver's license;

b.  Non-driver identification card issued by any state’s division of motor vehicles or analogous agency;

c.  Student identification card; or

d.  Passport.

          Rab 303.05  Examination Deadlines.  A new applicant not currently licensed or certified in another jurisdiction, shall have up to 24 months, after approval by the board, to take and pass an AQB approved qualifying examination for licensure or certification. Successful completion of the examination shall be valid for a period of 24 months.

PART Rab 304  RECIPROCITY

          Rab 304.01  Reciprocal Licensing and Certification.

          (a)  A person licensed or certified as a real estate appraiser in another state and whose license or certificate is in good standing may obtain a New Hampshire license or certificate through reciprocity if:

               (1)  The person submits a completed application for a license or certificate and pays the required fees; and

               (2)  The person is listed as being active and AQB compliant in the ASC’s National Appraiser Registry.

          (b)  Each applicant for a certificate or license applying for reciprocity under (a) above shall be exempt from the examination requirements of Rab 303.03, provided that the applicant submits:

                (1)  An executed irrevocable consent for service of process form as required by RSA 310-B:11, I and Rab 301.02(o); and

              (2)  A photocopy or similar evidence of the current out-of-state license or certificate held that clearly displays:

                     a.  The name and address of the holder;

                     b.  The name and address of the out-of-state licensing or certification agency or authority;

                    c.  The license or certificate number, and

                   d.  Applicable expiration dates.

          (c)  A license or certificate shall be issued if the applicant meets all requirements of this section.

          PART Rab 305  APPRENTICE CLASSIFICATION

          Rab 305.01  Responsibilities of Apprentice.

          (a)  The holder of an apprentice classification document issued by the board and identifying the person as a real estate appraiser apprentice shall work only under the direct supervision of a supervising appraiser.  Only an individual who meets the requirements of Rab 305.02(e) and who has acknowledged in writing his or her agreement to perform the responsibilities of a supervisor set forth in Rab 305.02 shall be accepted by the board as a supervising appraiser.

          (b)  Prior to commencing any work as an apprentice, the holder of an apprentice classification shall inform the board in writing of the identity of any individuals who have agreed to serve as a supervising appraiser for the apprentice.  The holder of an apprentice classification shall inform the board in writing within 7 days of any individual previously designated as a supervising appraiser ceasing to agree to perform the responsibilities of a supervising appraiser, or if any individual not previously designated as a supervising appraiser agreeing to supervise the work product of the apprentice.

          (c)  The holder of an apprentice classification shall have the following duties and responsibilities:

(1)  The apprentice shall maintain and submit to the board upon application for classification renewal a log which meets the requirements set forth in Rab 305.03;

(2)  The apprentice shall ensure that the log is available during normal work hours for immediate inspection by the board or its agent;

(3)  When performing appraisal assignments, the apprentice shall carry on his or her person the classification document issued by the board identifying the holder as a real estate appraiser apprentice; and

(4)  To comply with the Competency Rule of USPAP.

          (d)  In the event a supervising appraiser can no longer provide direct supervision to an apprentice and the apprentice does not have another supervising appraiser, the apprentice shall return the classification document within 30 days to the board.  However, the board shall reissue the classification document to the apprentice when the apprentice has obtained a new supervising appraiser.

          (e)  The apprentice appraiser shall not have no more than 2 supervising appraisers.

          (f)    The apprentice shall complete an AQB approved course specifically oriented to the

responsibilities of supervisory and apprentices commencing on and after January 1, 2015.

          Rab 305.02  Responsibilities of Supervising Appraiser.

          (a)  An appraiser who agrees to serve as a supervising appraiser to an apprentice shall acknowledge in writing to the board that he or she agrees to perform all responsibilities set forth in (b) below. 

          (b)  A supervising appraiser shall have the following duties and responsibilities in directly supervising the apprentice:

(1)  The supervisor shall at all times be responsible for and provide direct supervision of the work performed by the apprentice by:

a.  Accepting responsibility for the appraisal report by signing and certifying that the report complies with USPAP;

b.  Reviewing and signing the apprentice appraiser’s appraisal report(s);

c.  Personally inspecting each appraised property with the apprentice appraiser until the supervising appraiser determines the apprentice appraiser is competent, in accordance with the Competency Rule of USPAP for the property being appraised; and

d.  The supervising appraiser shall be able to demonstrate that he or she has sufficient geographic competence to appraise the subject property until such time that the supervising appraiser determines that the apprentice appraiser is competent;

(2)  The supervisor shall, at least once a month, sign the log required to be kept by the apprentice pursuant to Rab 305.03;

(3)  The supervisor shall set forth on the signed log his or her certification number;

(4)  The supervisor shall make available to the apprentice copies of any appraisal report in which the apprentice’s work product has been utilized or in which the apprentice made professional contribution;

(5)  The supervisor shall immediately notify the board, in writing, in the event that he or she ceases to perform the responsibilities set forth in this section;

(6)    The supervising appraiser shall complete an AQB approved course specifically oriented to the responsibilities of supervisory and apprentices commencing on and after January 1, 2015; and

(7)  The supervisor shall keep copies of all apprentice appraiser reports for the longer of:

a.  A period of at least 5 years; or

b.  At least 2 years after final disposition of any judicial proceeding in which testimony was given, whichever period expires last.

          (c)  “Directly supervise” for purposes of this section, means to:

(1)  Personally review the work product of the apprentice;

(2)  Approve and sign each appraisal report including work product prepared by the apprentice or in which the apprentice has made a professional contribution and to sign all such reports and certify that all such reports have been independently and impartially prepared in compliance with USPAP, these rules, and RSA 310-B; and

(3)  Identify the apprentice by name in the certification section and summarizing within the report the extent of the assistance provided by the apprentice appraiser if he or she does not sign the appraisal report.

          (d)  A supervising appraiser shall be a New Hampshire certified appraiser in good standing for the preceding 3 years in any jurisdiction in which he or she holds licensure or certification, with a minimum of 3 years experience as a certified appraiser.

         (e)  For the purpose of (d) above, being in good standing shall require that all of the following are true:


              (1)  The certified appraiser is not currently subject to a board-approved consent agreement, order or any other State or jurisdiction
              imposed sanction that affects the certified appraiser’s eligibility to practice and that results in prohibition of supervision within the last 3 years;

             
(2)  The certified appraiser is not subject to a summary order or final order that includes terms that affect the certified appraisers eligibility to
              practice and that results in prohibitions of supervision; and

          (f)  No supervising appraiser shall supervise more than 3 apprentices at one time.

          Rab 305.03  Real Estate Appraiser Apprentice Log.

          (a)  An apprentice real estate appraiser shall maintain an appraisal log that includes the following information concerning each appraisal assignment in which the apprentice participates:

(1)  The name and address of the client;

(2)  The type of appraisal report;

(3)  The address of the appraised property;

(4)  A description of work performed; and

(5)  The number of hours claimed for the assignment.

          (b)  Appraisal logs submitted to the board shall indicate the nature of the apprentice’s participation in each assignment.

          (c)  The apprentice shall set forth within the log, for each assignment, information indicating whether the apprentice was involved in obtaining, calculating or preparing the following:

(1)  Land/site inspections and descriptions;

(2)  Building inspections and descriptions;

(3)  Neighborhood descriptions and analysis;

(4)  Highest and best use analysis;

(5)  Research of comparable sales and analysis;

(6)  Cost analysis;

(7)  Income analysis for income properties;

(8)  Meaningful sales analysis;

(9)  Correlation of data into final value; and

(10)  Any other components of the appraisal process.

PART Rab 306  FEE SCHEDULE

          Rab 306.01  Maintenance of a Fee Schedule. Application, classification, certification, renewal and license fees shall be as follows:

          (a)  The application fee shall be $150.00;

          (b)  The apprentice classification fee shall be $150.00 per year;

          (c)  The fee for licenses shall be $400.00 for a 2 year term;

          (d)  The fee for certificates shall be $400.00 for a 2 year term;

          (e)  The application fee for registration of appraisal management companies
shall be $900.00 per year;

          (f)  The renewal fee for registration of appraisal management companies shall
be $800.00 per year;

          (g)  The temporary permit practice fee shall be $150.00;

          (h)  The biennial renewal fee for a license or certification shall be $400.00, unless (i) applies;

          (i) 
The renewal fee for individuals licensed less than 24 months in a biennial renewal period shall be the federal registration fee required pursuant to RSA 310-B:5, II and $13.34 for each month licensed; and

          (j)  The licensee shall pay a late fee of $50, in addition to the regular renewal fee,
for renewal of a license up to 6 months after license expiration.

                Rab 306.02  Fees. 

          (a)     All fees shall be paid in the form of cash, money order, bank draft, credit card
or check payable to: “Treasurer, State of New Hampshire” and shall be non-refundable.

          (b)  Whenever any check is returned to the board as uncollectible, the board shall, pursuant to RSA 6:11-a, I, charge a fee of $25 or 5 percent of the face amount of the check, whichever is the greater, plus all protest and bank charges in addition to the amount of the check.

PART Rab 307  TEMPORARY PRACTICE

          Rab 307.01  Purpose.  The purpose of this part is to permit appraisers certified or licensed in another state but not certified or licensed in this state to engage in limited temporary appraisal practice in this state when the properties to be appraised are part of federally-related transactions as defined in RSA 310-B:2, IX.

          Rab 307.02  “Assignment” means one or more real estate appraisals and resulting written appraisal reports that are the subject of a single contract to provide an appraisal.

          Rab 307.03  Issuance of Temporary Practice Permit.  The board shall issue a temporary practice permit as described in Rab 307.04 to an appraiser who is not certified or licensed in this state but is currently certified or licensed in another state when:

          (a)  The property or properties to be appraised under the temporary practice permit are part of a federally-related transaction;

          (b)  The appraiser’s business is of a temporary nature; and

          (c)  The appraiser is personally eligible for and applies for such a permit pursuant to Rab 307.06.

          Rab 307.04  Temporary Practice Permits.

          (a)  A temporary practice permit shall confer on the appraiser to whom it issued the right to perform a specific appraisal assignment. 

          (b)  Temporary practice permits shall be issued with the following limitations:

(1)  The appraisal or appraisals shall be limited to the class of licensure or certification from among the classes listed in RSA 310-B:6, I (b), (c) and (d) which is the same as, or closest to, the class of the out-of-state license or certificate which is the basis for the issuance of the temporary permit;

(2)  Each temporary practice permit shall be valid for a single assignment; and

(3)  Each temporary practice permit shall be valid for an initial duration of 6 months, renewable one time upon notice to the board.

          (c)  No more than 2 temporary practice permits shall be issued to the same appraiser within a single calendar year.

          Rab 307.05  Rights and Obligations of Holders of Temporary Practice Permits.

          (a)  Holders of temporary practice permits shall comply with RSA 310-B, the rules of the board and all other applicable laws while engaged in appraisal practice within the state.

          (b)  Holders of temporary practice permits shall develop their appraisals and issue their appraisal reports in conformance with USPAP.

          (c)  The board shall take disciplinary action against a holder of a temporary practice permit for any act or omission for which the board would take action against an appraiser licensed or certified by the board.

          (d)  Following disciplinary action against a holder of a temporary practice permit, the board shall forward to the regulatory body of the state that issued the underlying certification or license a copy of the evidence upon which the disciplinary action was based and a copy of the decision and order of the board.

          Rab 307.06  Temporary Practice Permit Application Procedure.

          (a)  Application for a temporary practice permit shall be made by submitting prior to beginning any appraisal in New Hampshire:

(1)  A completed Temporary Practice Permit Application as further described in Rab 307.07;

(2)  The documents specified in Rab 307.08; and

(3)  The permit fee in the amount and form specified in Rab 306.01.

          (b)  Within 5 business days of its receipt of the materials described in and submitted pursuant to (a) above, the board shall either deny the permit application in writing or issue a temporary practice permit bearing a temporary practice number.

          (c)  A temporary practice permit shall be granted only if:

(1)  The application was timely and complete; and

(2)  The applicant paid the required fee.

          Rab 307.07  Application Form.  The applicant shall provide the following on or with the Temporary Practice Permit application form obtained from the board:

          (a)  Whether the applicant is a state licensed appraiser, state certified residential appraiser, or state certified general appraiser;

          (b)  The name of the applicant;

          (c)  The applicant’s residential address;

          (d)  The applicant’s business address;

          (e)  The applicant’s business and residence telephone numbers;

          (f)  The applicant’s fax number;

          (g)  The applicant’s date of birth;

          (h)  The applicant’s tax identification number;

          (i)  The applicant’s drivers license number;

          (j)  The state that issued the applicant’s appraiser license or certification;

          (k)  The telephone number of the state regulatory body that issued the applicant’s appraiser license or certification;

          (l)  The license or certificate number;

          (m)  Whether the applicant has ever been found guilty, whether by verdict or pursuant to a plea of any kind, of a misdemeanor or felony described in RSA 310-B:5-a or an analogous provision in any other state;

          (n)  Whether the applicant or any partnership or corporation in which the applicant was a legal or financial participant has ever been disciplined, sanctioned, or fined or had a license, certificate or registration suspended, revoked, surrendered or resigned by the board or agency issuing the license, certificate or registration;

          (o)  Whether the applicant has ever been denied a real estate appraiser license or certification or a non-resident temporary practice registration or permit;

          (p)  The name of the applicant’s client;

          (q)  The name of the contact person for the client;

          (r)  The addresses, including city, county, and state, of the properties to be appraised;

          (s)  The types, whether industrial building, farmland or the like, of the properties to be appraised;

          (t)  Whether the properties to be appraised are part of a federally-related transaction;

          (u)  Whether the appraisals sought to be permitted are under a single contract with a single client; and

          (v)  The estimated time required to complete the applicant’s assignment.

          (w) Applicants shall pay the application fee specified in Rab 306.01.

          Rab 307.08  Documents Required to Accompany Application Form.  The following documents shall be submitted with the completed application form:

          (a)  In the case of an affirmative response to Rab 307.07(m), (n) and (o), a written explanation addressing all material facts and copies of all official documents relating to the explanation;

          (b)  A copy of the applicant’s current out-of-state appraiser license or certification;

          (c)  A copy of the engagement letter or contract covering the appraisals sought to be permitted which shows:

(1)  The name and address of the appraiser;

(2)  The name, address and telephone number of the appraiser’s client; and

(3)  A list of the properties to be appraised by description of the properties and their addresses; and

          (d)  A fully executed irrevocable consent for service of process as required pursuant to RSA 310-B:11, I.

PART Rab 308  REGISTRATION OF APPRAISAL MANAGEMENT COMPANIES

          Rab 308.01  Appraisal Management Company Requirements.

          (a)        Appraisal management companies offering appraisal services in New Hampshire
shall meet the requirements established pursuant to RSA 309-B:12.

          (b)        Each appraisal management company shall designate one controlling person who
is an employee of the appraisal management company that will be the designated contact for
all communication between the board and the appraisal management company.

          (c)        No appraisal management company applying for a certificate of registration shall:

(1) Be owned by or employ any person to perform job functions related to the ordering, preparation, performance or review of appraisals who has had an appraiser license or certificate in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked, unless such license or certificate was subsequently granted or reinstated; and

(2) Be more than 10 percent owned by a person who has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of appraisal, banking, mortgage lending or the provision of financial services, or any crime involving fraud, misrepresentation or moral turpitude.

   (d)       Applicants for appraisal management company registration shall provide, or cause to be provided, the following on or with a form supplied by the board:

(1)  The applicant’s name, including any names previously used;

(2)  The fictitious name or names listed as doing business (dba) under which it does business in any state;

(3)  The applicant’s business addresses and telephone numbers;

(4)  The name and address of the company’s agent if the person is not a corporation that is domiciled in this state for service of process in this state;

(5)  The names, and address, of any individual or any corporation, partnership, or other business entity that owns 10 percent or more of the appraisal management company;

(6)  Names and addresses of one controlling person designated as the main contact for all communication between the appraisal management company and the board;

(7)  A statement indicating that the appraisal management company has a system and process in place to verify that an individual being added to the appraiser panel of the appraisal management company holds a license in good standing in this state;

(8)  A statement that the person requires appraisers completing appraisals at its request to comply with USPAP including the requirements for geographic and product competence;

(9)  A statement indicating that the person has a system in place to verify that only licensed or certified appraisers are used for federally related transactions;

(10)  A statement indicating that the person has a system or process to require that appraisals are conducted independently and free from inappropriate influence and coercion as required by the appraisal independence standards established under section 129E of the Truth in Lending Act, including the requirement that fee appraisers be compensated at a customary and reasonable rate when the appraisal management company is providing services for a consumer credit transaction secured by the principal dwelling of a consumer;

(11)  A statement indicating that the person maintains a detailed record of each service request that it receives and the appraiser that performs the residential real estate appraisal services for the appraisal management company;

(12)  An irrevocable uniform consent to service of process, required pursuant to RSA 310-B:12-d; and                 

(13)  The application fee specified in Rab 306.01.

            (e)  Each applicant shall submit to the department of safety, division of state police, a notarized criminal record release authorization along with any required fee, with the board identified as the recipient of the record or records.

CHAPTER Rab 400 CONTINUED STATUS

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PART Rab 401  RENEWALS

          Rab 401.01  Renewal Requirements.

          (a)  Pursuant to RSA 310-B:10, licenses and certificates issued by the board shall expire biennially on the last day of the license holder’s birth month.

          (b)  Biennially, the board shall issue a pocket card upon receipt of the biennial renewal form
and fee.  The card shall certify that the appraiser holds a license in good standing and is authorized
to perform appraisals to the date of expiration as shown on the card.          

          (c)  The following requirements shall be met for renewal of an apprentice classification, a license or a certificate:

(1)  The applicant shall apply for renewals on a renewal form provided by the board;

(2)  The applicant for renewal shall have completed the applicable continuing education requirements set forth in Rab 403 prior to submitting a renewal application; and

(3)  The applicant shall submit the applicable fee set forth in Rab 306.01 with the application for renewal.

          Rab 401.02  Renewal Application. The applicant shall supply the following on or with the application form for license renewal:

          (a)    The applicant’s full name;

          (b)    The applicant’s license number;

          (c)    The applicant’s mailing and electronic address;

          (d)   Principal business address and all other addresses at which the applicant is currently engaged in the business of preparing real estate appraisal reports;

          (e)    State and county of legal residency;

          (f)     A statement indicating that the applicant has complied with the continuing education requirements of Rab 403;

          (g)    A log showing the type and date of continuing education activity claimed, sponsoring provider, and continuing education hours earned;

       (h)   A statement indicating whether the applicant has been convicted of any felony or misdemeanor since the last renewal that has not been annulled by a court pursuant to RSA 651:5 and, if not annulled, the name of the court in which the conviction occurred, the details of the offense, the date of conviction, and the sentence imposed;

       (i)    A statement indicating any disciplinary or legal action brought against the applicant by any appraiser board of licensing authority;

           (j)     A statement indicating that the applicant has adhered to the ethical and professional standards of Rab 500;

          (k)    Acknowledgment that the provision of materially false information in the application knowingly provided is a basis for denial;

            (l)       Acknowledgement that, if the applicant provided false information that is discovered after the license is renewed, it shall be a basis for disciplinary action by the board;

            (m)     The applicant’s signature under penalty of unsworn falsification and date; and

                (n)      The application fee specified in Rab 306.01.

          Rab 401.03  Denial of Renewal. 

          (a)        Renewal applicants shall be investigated for the purpose of verifying all application materials.

 

          (b)       The board shall notify the applicant of any deficiencies in the renewal application within 60 days of receipt. Failure to remedy the deficiencies within 60 days thereafter shall result in denial of the renewal application. An application shall be considered complete when all deficiencies are corrected.  

 

          (c)        Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

                      (1)        Noncompliance with the continuing education requirements of Rab 403;

                      (2)        Any unethical or unprofessional act for which discipline shall be imposed under Rab 500;

                      (3)        Reasons for which an initial application would have been denied; or

                      (4)        Failure to furnish complete or accurate information on a renewal license application.

           Rab 401.04 Appraisal Management Company Renewal. Appraisal management company registrations shall expire on December 31 each year. A renewal notification shall be sent to all registered appraisal management companies at least one month prior to expiration.

        Rab 401.05 Appraisal Management Company Renewal Application. Each applicant for annual renewal of the appraisal management company registration shall provide the completed form required pursuant to Rab 308.01 (d).

PART Rab 402  revocation, suspension, and other sanctions

          Rab 402.01  Initiation of Disciplinary Action.  The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, when warranted, in response to any information which reasonably suggests that a licensee has engaged in professional misconduct.

          Rab 402.02  Disciplinary Sanctions.

          (a)  Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions on an appraiser only:

(1)  After prior notice and an opportunity to be heard; or

(2)  Pursuant to a mutually agreed upon settlement.

          (b)  After a finding that an appraiser has committed misconduct, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-B:18, III.

          (c)  When a person subject to the board’s disciplinary authority is found, after notice and opportunity for hearing, to have committed misconduct, the board shall impose sanctions after considering aggravating and mitigating factors including, as specified in Rab 402.02 (d) and (e):

          (d)  The following shall be considered aggravating circumstances:

                      (1)        The seriousness of the offense;

                      (2)        The licensee’s prior disciplinary record;

                      (3)        Lack of willingness to cooperate with the board;
 
                      (4)        Potential harm to the consumer; and

                      (5)        The purpose of the rule or statute violated.

          (e)  The following shall be considered mitigating circumstances:

                      (1)        Absence of a prior disciplinary record;

                      (2)        Willingness to cooperate with the board;

                      (3)        Acknowledgment of his or her wrongdoing; and

                          (4)         The purpose of the rule or statute violated.

          (f)  Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements shall be sent to the licensing body of each state in which the appraiser is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

          Rab 402.03  Revocation.

          (a)  “Revocation” means the permanent and complete cancellation of any specially-conferred rights, authority, or privileges that were granted to an appraiser through RSA 310-B.

          (b)  The most severe sanction, revocation, shall be imposed only for those cases in which:

(1)  An appraiser has made a third false claim of inspecting a property;

(2)  An appraiser has committed a third major violation of USPAP; or

(3)  An appraiser’s license to practice real estate appraisal in any other state has been revoked.

          (c)  The minimum period for revocation shall be 3 years commencing from the latter of:

(1)  The date that the revocation goes into effect; or

(2)  The date on which no further appeal may be taken.

          (d)  Upon receipt of a revocation order from the board, the apprentice or appraiser shall immediately cease holding him or herself out to the public as an appraiser.  Further, such appraiser shall immediately cease engaging in any act for which licensure or certification issued pursuant to RSA 310-B is required.

          (e)  Failure to comply with (d) above, shall constitute separate grounds for further disciplinary action.

          (f)  A subsequent license or certification shall be obtained only after:

(1)  The passage of the amount of time specified in the revocation order;

(2)  Complying with all of the requirements of RSA 310-B and Rab 300 regarding application for an initial license or certification;

(3)  Demonstrating that the cause for revocation does not exist at the time of the subsequent application; and

(4)  Demonstrating that any corrective actions that were ordered by the board have been fully implemented.

        Rab 402.04  Suspension.

          (a)  “Suspension” means the temporary withdrawal of any specially-conferred rights, authority, or privileges that were granted to an appraiser through RSA 310-B.

          (b)  The sanction of suspension shall be imposed only after notice and opportunity for a hearing in those cases in which the board determines that at least one of the following is true:

(1)  An appraiser has, for a third time, engaged in willful acts that are intended to:

a.  Mislead someone who has a right to rely upon the appraisal; or

b.  Influence the value of the subject property in such a way as to favor the client’s interests;

(2)  An appraiser has, for the third time, violated a competency requirement;

(3)  An appraiser has, for the second or subsequent time, failed to disclose assistance provided by others; or

(4)  An appraiser’s license to practice real estate appraisal in any other state has been suspended;

          (c)  The minimum period for suspension shall be that amount of time necessary for the appraiser to take corrective action ordered by the board and return to compliance.  Suspension shall have no effect upon the expiration of licensure or certification.  Specifically, suspension shall not cause expiration to be advanced or delayed.

          (d)  Upon receipt of a suspension order from the board, the appraiser shall immediately cease holding him or herself out to the public as an appraiser.  Further, such appraiser shall immediately cease engaging in any act for which licensure or certification is required until the board grants reinstatement pursuant to (f), below.

          (e)  Failure to comply with (d) above, shall constitute separate grounds for further disciplinary action.

          (f)  An appraiser seeking reinstatement shall petition the board, providing documentation of all corrective actions taken.  The board shall review the petition and supporting documentation and grant the petition if it determines that all corrective action ordered by the board has, in fact, been taken and the appraiser has returned to compliance.

          Rab 402.05  Administrative Fines.

          (a)  Adjudicative procedures seeking the assessment of administrative fines shall be commenced against any person subject to such penalties under any provision of RSA 310-B when the board possesses evidence indicating that a violation has occurred.

          (b)  When persons subject to the board’s disciplinary authority are directed to pay
administrative fines in accordance with Rab 402.02, such penalties shall be assessed in accordance with the factors stated in Rab  402.02 (d) and (e) and the following additional considerations:

(1)        The cost of any investigation or hearing conducted by the board; and

(2)        The licensee’s ability to pay an administrative fine assessed by the board.

          (c)  Administrative fines shall not exceed the following amounts:

(1)        When no violation of the same type has occurred within the 3 years preceding the board’s notice to the respondent, the penalty assessed shall not exceed  $100.00 per day or $1,000.00 per offense whichever is greater;

(2)        When a single disciplinary infraction of the same type has occurred within the 3 years preceding the board’s notice to the respondent, the penalty assessed shall not exceed  $100.00 per day or $1,500.00 per offense whichever is greater; and

(3)        When more than one disciplinary infraction of the same type has occurred within the 3 years preceding the board’s notice to the respondent the penalty assessed shall not exceed $100.00 per day or $2,000.00  per offense whichever is greater.

          (d)  In the case of continuing violations, a separate penalty shall be assessed for each day
the violation continues.

          (e)  A single course of continuing conduct shall be treated as a single violation for purposes
of Rab 402.05 (c).

          Rab 402.06 Procedures for Assessing and Collecting Administrative Fines.

          (a) Payment of administrative fines shall be included among the options available for settling disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed after notice and hearing.

          (b)  In cases where the board initially intends to limit disciplinary sanctions to an administrative fine, the board shall issue a “notice of apparent liability” describing the allegedoffense, stating the amount of the assessed fine, and notifying the alleged offender that he or she shall pay the fine by a certain date or request that an administrative hearing be held.If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearingshall be issued. In such hearings, the board’s disciplinary options shall not be limited to the assessment of an administrative fine.

          (c)  Nonpayment of an administrative fine by a licensee or respondent in contravention of an
order, agreement or promise to pay, shall be grounds for discipline by the board and a basis for judicial action seeking to collect the fine.

          Rab 402.07  Disciplinary Continuing Education.

          (a)  “Disciplinary continuing education” means any course or seminar that an apprentice or appraiser is ordered, by the board, to take for the purpose of addressing a finding of misconduct based upon deficient appraisal skills, and which is in addition to and does not count toward meeting the continuing education requirements set forth in Rab 403.

          (b)  The sanction of disciplinary continuing education shall be imposed only after notice and opportunity for a hearing in those cases in which the board determines that the apprentice or appraiser’s misconduct arose, at least in part, through deficient skills necessary for some aspect of conducting an appraisal.

          (c)  The failure by an appraiser to take the disciplinary continuing education ordered by the board shall be grounds for further discipline by the board and a basis for judicial action seeking to collect the penalty.

PART Rab 403  CONTINUING EDUCATION

          Rab 403.01  Purpose.  The purpose of continuing education requirements for the renewal of apprentice classifications, appraiser licenses and certificates is to ensure that the appraiser participates in a program that maintains and increases his or her skill, knowledge and competency in real estate appraising.

          Rab 403.02  Specific Renewal Requirements. To be eligible for renewal of an apprentice classification, appraiser license or certificate, the applicant shall meet the continuing education requirement for renewals developed by the AQB and the requirements of these rules:

          (a)  The apprentice or appraiser shall take the equivalent of at least 14 class hours of instruction in courses or seminars for each year of practice during the period preceding the renewal;

          (b)  Appraisers shall successfully complete the 7-Hour National USPAP Update Course, or its equivalent, every 2 calendar years. Equivalency shall be determined through the AQB Course Approval Program or by an alternate method established by the AQB;

          (c)  USPAP continuing education credit shall be awarded only when the course is taught by at least one AQB certified instructor who is in good standing as a certified residential appraiser or a certified general appraiser, or through any USPAP courses meeting the AQB distance education criteria;

          (d)  Continuing education credit shall not be recognized for any repeat program attended or completed within an appraiser’s 2 year continuing education cycle; and

          (e)  Instructors under (c) above shall meet the requirements established by the AQB in “The Real Property Appraiser Qualification Criteria and Interpretations of the Criteria” 1-1-2008 Edition, and these rules.

          Rab 403.03  Credit.

          (a)  Credit toward meeting the continuing education requirement for renewal shall be granted only for:

(1)  Courses provided by any of the organizations or individuals outlined in Rab 302.13 which meet the requirements for board approval; and

(2)  Courses which include instruction in any one or more of the following subject areas:

a.  Ad valorem taxation;

b.  Arbitration and dispute resolution

c.  Courses related to practice of real estate appraisal or consulting;

d.  Development cost estimating;

e.  Ethics and standards of professional practice, USPAP;

f.  Land use planning, zoning;

g.  Management, leasing, timesharing;

h.  Property development, partial interests;

i.  Real estate law, easements and legal interests;

j.  Real estate litigation, damages, condemnation;

k.  Real estate financing and investment;

l. Real estate appraisal related computer applications;

m. Real estate securities and syndication;

n. Green building;

o. Seller concessions;

p. Developing opinions of real property value in appraisals that also include personal property; and

q. Business value.

          (b)  Up to one half of an individual’s continuing education requirement may also be granted for participation, other than as a student, in appraisal educational processes and programs. Credit for instructing any given course or seminar shall be awarded only once during a continuing education cycle.

          (c)  Educational offerings taken by an individual in order to fulfill the class hour requirement for a different classification than his/her current classification may be simultaneously counted towards the continuing education requirement of his/her current classification.

          (d)  A certificate of completion shall be delivered to the student upon successful completion of the course and, if applicable, confirmation of a satisfactory score on the final examination. The certificate shall state at a minimum, the student’s name, the course name, the name of the provider, the completion date and the credit hours awarded.

          Rab  403.04     Record Keeping.  

          (a)  The licensee shall maintain records to be used to support credits claimed.

          (b)  Records required shall contain a log showing the type of activity claimed, sponsoring organization, location, instructor’s or speaker’s name, and continuing education credits earned.

          (c)  Attendance verification records shall be in the form of completion certificates or other documents supporting evidence of attendance
            such as:           

(1)       Signed attendance completion certificates; or

(2)       Completed continuing education transcript from a board approved provider.

          (d)       The licensee shall retain attendance verification records for a period of ateast 4 years. Such documentation shall be made available to the board for random audit and/or verification purposes. Documentation shall support continuing education hours claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

          (e)        Not less than 10% of the licensees shall be randomly selected each year by the board for compliance with the continuing education requirements of Rab 403.

          Rab 403.05  Extension of Continuing Education Deadlines.

          (a)  No waiver or deferral shall be granted to a licensee who fails to meet the continuing education requirements.  Instead, pursuant to RSA 310-B:13-a, the appraiser’s license shall be considered to have lapsed.

          (b)  Notwithstanding (a) above, deferrals shall be granted to individuals returning from active military duty.  Such individuals shall be permitted to be placed on active status for up to 90 days pending completion of all continuing education requirements.

          Rab 403.06  Distance Education.

          (a)  No more than 50% of a renewing appraiser’s required continuing education hours may be obtained via distance education.

          (b)         Distance education activities shall include a verifiable written proctored examination  which tests the licensee’s comprehension of the content of that course or program.

          Rab 403.07  Standards for Approval of Continuing Education Courses.

          (a)  Continuing education credit shall be granted only for courses approved by the board. A list of currently approved courses shall be provided by the board upon request.

          (b)  The content of the course of instruction shall be within those subject areas set forth in Rab 403.03(a)(2);

          (c)  Credit towards the continuing education hour requirements for each appraiser classification shall be granted only where the length of the educational offering is at least 2 hours.

          (d)  Course providers shall submit an application for approval provided by the board, including as attachments all additional materials listed in that application.

          (e)  The board shall approve continuing education courses if it determines that:

(1)  The application demonstrates compliance with (b) – (d) above;

(2)  The course is led by an instructor with sufficient experience in and mastery of the subject matter of the course;

(3)  The course is sponsored by a group or individual possessing the intent and ability to produce a course of sufficient quality to improve or establish an appraiser’s competence; and

(4)  The course is organized in such a way as to fulfill the objectives of the course and the overall purpose of continuing education.

          Rab 403.08  Additional Standards for Approval of Distance Education Courses.

          (a)  A distance education course provider shall not seek board approval pursuant to Rab 403.07 until the distance education course has been approved by the AQB Course Approval Program and the course design and delivery method has been approved by an organization authorized by the AQB to provide such approval.  Distance education courses that are currently approved by the board but not by the AQB shall continue to be accepted for credit only until such approval expires.

          (b)  An approved distance education course/seminar shall be subject to random review by the board at any time.  If the results of that review indicate that the approval criteria in Rab 403.07(e) are no longer being met, the board shall, after notice and opportunity for hearing, revoke approval for that distance education course.  The provider shall be notified of the board’s decision in writing.  Revocation of the previously granted approval shall become effective 45 days from the date of decision.  Appraisers having taken that offering prior to the revocation’s effective date shall still be granted credit for completing that course.

PART Rab 404  ONGOING REQUIREMENTS

          Rab 404.01  Change of Address.  All apprentices, appraisers, and applicants shall notify the board in writing of any change in home or business address within 10 days of such change. Failure to provide a written notification of change of address shall not be exculpatory grounds for failing to respond to governing board inquiries or timelines and shall be grounds for disciplinary actions.

          Rab 404.02  Compliance with USPAP.  Each apprentice and appraiser shall, pursuant to RSA 310-B:18-a, comply with the then-current requirements of “Uniform Standards of Professional Appraisal Practice,” when performing any appraisal service.  Failure to adhere to USPAP shall be misconduct and shall subject the apprentice or appraiser to the imposition of discipline pursuant to Rab 402 after notice and opportunity for hearing.

PART Rab 405  VOLUNTARY LICENSE SURRENDER

          Rab 405.01  Procedure for Surrendering a License  Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he/she intends to surrender his/her license.

          Rab 405.02 Effect of Voluntary License Surrender.

          (a)  A licensee who voluntarily surrenders a license shall retain no right or privilege to practice real estate appraising in New Hampshire unless specifically set forth in a board order or settlement agreement authorizing the voluntary surrender. Unless otherwise provided by the board, a licensee who reapplies for licensure in New Hampshire after a voluntarysurrender shall have the burden of proving compliance with all of the requirements then in effect fornew applicants, including professional character requirements.

          (b)  Surrender or non-renewal of a license shall not preclude the board from investigatingor completing a disciplinary proceeding based upon the licensee’s professional conduct whilethe license was still in effect. Such investigations and proceedings shall be handled in the samemanner as other disciplinary investigations and proceedings.

          Rab 405.03  Voluntary Surrender When Misconduct Allegations are Pending.

           (a)  A licensee who wishes to surrender his/her license as part of a settlement ofpending misconduct allegations shall make a written settlement offer to the board before theclose of the record in a disciplinary hearing.

         (b)  Any settlement agreement reached under (a), above, shall include the following concessions

                      (1)        That the license surrender has occurred in settlement of pending disciplinary charges; and

                      (2)        That the pending disciplinary allegations shall be issues to be resolved in any future application the licensee may submit  in New Hampshire.

          (c)  The board shall decline to accept a settlement agreement under (a), above, if the board believes the licensee has unreasonably declined to disclose material information concerning thealleged misconduct or has refused to stipulate to the truth of specific material facts concerning thealleged misconduct which would be necessary to protect the public interest in the event the licensee subsequently reapplies for a license.

          (d)  A licensee’s stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A and if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

          (e)  The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies inthe same manner as a final decision containing specific finding of professional misconduct.

CHAPTER Rab 500 ETHICAL STANDARDS

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PART Rab 501  CODE OF ETHICS

          Rab 501.01  Purpose.  The purpose of this chapter is to establish a New Hampshire code of ethics in accordance with RSA 310-B:18-a and USPAP by which all licensed and certified real estate appraisers shall abide.

          Rab 501.02      Obligation To Obey

          (a) The ethical standards set forth in this part shall bind all apprentice, licensed or
certified real estate appraisers or
appraisal management companies, and violation of any such standard shall result in disciplinary sanctions.

          (b)  All persons licensed or certified under RSA 310-B shall be considered to have
knowledge of the existence of these code of ethics, and shall be deemed to be familiar with their
several provisions. Such knowledge shall encompass the understanding that the practice of
appraisal is a privilege, as opposed to a right, and the apprentice, licensed or certified real estate appraiser or appraisal management companies shall be forthright and candid in the licensee's
statements or written response to the board or its representatives on matters pertaining to
professional conduct.          

          (c) All persons licensed or certified under RSA 310-B shall submit only truthful and correct information in any application or other document filed with or statement made to the board.    

Rab 501.03  Articles.

          (a)  An appraiser shall constantly remain informed regarding laws, and administrative rules pertaining to his/her profession whether mandated by the state or the federal government or any agency thereof.

          (b)  An appraiser shall not deny equal professional services to any persons for reasons of age, race, creed, sex or country of national origin.

          (c)  The appraiser shall be careful at all times to present a truthful image in his or her advertisements and representations to the public.  Neither the appraiser nor his or her employees shall advertise without disclosing his or her name and license or certificate number, in any and all such advertisements.

RULER 

 

APPENDIX A: Incorporation by Reference Information

 

 

Rule

Title

Obtain at:

Rab 302.01 (a)
Rab 302.02 (a) (1)
Rab 302.15

The Real Property Appraisal Qualifications Criteria and Interpretations of the Criteria

The Appraisal Foundation,
1155 15th Street NW, Suite 1111, Washington, DC 20005. 
Telephone (202)347-7722.
Downloadable version is free online at:http://www.appraisalfoundation.org/  E-mail address is staff@appraisalfoundation.org

 

 

 *The Joint Board makes no warranty, express or implied, as to whether this document is correct,
 com plete, up-to-date, or as to any other relative fact. Independent verification of the contents is essential. Pagination may differ slightly from the official version.Formatting may differ slightly from a word version. Updated 2/1/13.

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