NOTICE
Amendments
have been made to various sections of Administrative Rules Rea 200 effective
Matter
added to the administrative rules appear in bold lettering.
Matter
removed from the administrative
State House Annex, Room
434
CHAPTER Rea 100
ORGANIZATIONAL RULES
PART Rea 101
DEFINITIONS
Rea 101.01 Terms Used in Rules.
(a) All terms used in these rules shall have the
same meaning as set forth in RSA 331-A:2 or as used elsewhere in RSA 331-A.
(b) “Client” means a person represented by a real
estate licensee, engaged in an agency relationship.
(c) “Commission” means “commission” as defined in
RSA 331-A:2, IV and the term includes alternates appointed, pursuant to RSA
331-A.
(d) “Customer” means a person without
representation by a licensee.
(e) “Firm” means any sole proprietorship, partnership,
association, corporation, limited liability company, or other business
association engaged in the sale or lease of real estate or which employs
licensees under this chapter.
(f) “Kickback” means any commission, fee or other
consideration, pursuant to RSA 331-A:26, XXI.
(g) “Rebate” means any commission, fee or other
consideration, pursuant to RSA 331-A:26, XXI.
(h) “Trade name” means a name used by a person or
firm to identify a business.
(i) “Valuable consideration” means anything of
value exceeding $100.
Source. #2130, eff
New. #5567, eff
New. #7160, INTERIM, eff
New. #7262, eff 5-6-00; ss by #7518, eff 6-28-01; ss by
#8830, eff 5-1-07
Rea 101.02 Unprofessional Conduct. “Unprofessional conduct” as used in RSA
331-A, means any conduct in violation of RSA 331-A:26.
Source. #6679, eff
PART Rea 102 DESCRIPTIONS
Rea 102.01 Description
of Agency.
(a) The commission
consists of 5 members appointed by the governor with the advice and consent of
the council pursuant to RSA 331-A:5.
(b) Its functions
include the examination and licensing of persons applying for salesperson or
broker status, and the regulation of salespersons and brokers. The commission shall appoint an executive
director who shall assist the commission in administering this chapter.
Source. #2130, eff
New. #5567, eff
New. #7160, INTERIM, eff
New. #7262,
eff
PART Rea 103
INFORMATION
Rea 103.01 Request for Information. Information may be obtained from the
commission by writing or calling the commission office at:
NH Real Estate
Commission
State House Annex
(603) 271-2701
Source. #5567, eff
New. #7160, INTERIM, eff
New. #7262,
eff
CHAPTER Rea 200
PRACTICE AND PROCEDURAL RULES
PART Rea 201
ADOPTION OF RULES AND DECLARATORY RULINGS
Rea 201.01 Petition
and Adoption of Rules.
(a) Any person may
submit a petition to adopt, amend or repeal a rule to the executive director of
the commission. The petition shall be
limited to a single subject.
(b) The executive
director shall present the petition to the commission at the next scheduled
meeting and the commission shall act on the petition, or if necessary,
request further information.
(c) The person
submitting the petition shall be notified of the commission’s decision within
30 days after submission of the petition.
(d) The petition
shall be granted if the petitioner can demonstrate the following:
(1) The proposed rule, amendment or repeal
protects the public interest; and
(2) The proposed rule, amendment or repeal does
not conflict with RSA 331-A.
Source. #2130, eff
New. #5567, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
Rea 201.02 Public
Hearings. A non-adjudicative public
hearing shall be held:
(a) When the commission
proposes to adopt rules; or
(b) At any other
time when a hearing is not required by law where the commission determines that
a public hearing will benefit the public, the commission, or both.
Source. #2130, eff
New. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
Rea 201.03 Notice. Notice of the date, time and place for
hearings shall be given as follows:
(a) For rulemaking
hearings held pursuant to RSA 541-A, by publication in the rulemaking register
and by mail, commission newsletter or newspaper advertisement as required by
RSA 541-A; and
(b) For all other
public hearings, by a method consistent with the requirements of RSA 91-A.
Source. #7263, eff 5-6-00; amd by #7519, eff 6-28-01; amd by #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff 9-17-08
Rea 201.04 Record. A record of the hearing shall be made by tape
recording or some other method that will provide a verbatim record.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 201.05 Opening
the Hearing. The presiding officer
shall open the hearing by describing the purpose of the hearing and the
procedures for providing testimony.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 201.06 Testimony.
(a) Any person who
desires to submit written testimony at a non-adjudicative hearing shall do so
to the presiding officer provided such testimony is signed and dated.
(b) Any person who
desires to testify orally at a non-adjudicative hearing shall submit her/or his
name, address, and person or entity that she or he is representing, if any, to
the presiding officer.
(c) The presiding
officer shall terminate any comments, questions, or discussion from the public
that are not relevant to the subject matter of the hearing.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 201.07 Concluding
the Hearing. When the presiding
officer determines that no other persons wish to speak, she or he shall close
the hearing.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 201.08 Petition
for Declaratory Rulings.
(a) Any person may
petition the commission for a declaratory ruling as to the applicability of any
provision of RSA 331-A or of any rule or order of the commission by filing a
written petition with the executive director of the commission.
(b) The petition
shall be considered at the next scheduled meeting of the commission, and the
commission shall in every case issue its ruling in writing, with a copy to the
petitioner.
Source. #7263, eff
New. #9202, INTERIM, eff
PART Rea 202 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Rea 202.01 Date
of Issuance or Filing. All written
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
commission on the actual date of receipt by the commission, as evidenced by a
date stamp placed on the document by the commission in the normal course of
business.
Source. #2130, eff
New. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
Rea 202.02 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 ½ 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 Rea 202.03.
(b) A party or
representative’s signature on a document filed with the commission 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.
Source. #2130, eff
New. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
Rea 202.03 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 commission
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 certified mail, postage prepaid, in the
(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.
Source. #2130, eff
New. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
PART Rea 203 TIME PERIODS
Rea 203.01 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.
Source. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
PART Rea 204 COMPLAINT PROCEDURE
Rea 204.01 Complaint
Form.
(a) All complaints
shall be made in writing on Form No. 11, and shall be signed and sworn to in
the presence of a notary public or justice of the peace.
(b) The complainant
shall supply the following information:
(1) Name and address of complainant;
(2) Name and address of broker or salesperson
against whom the complaint is made;
(3) Name and address of attorneys, if any,
representing the parties if this information is available;
(4) Names and addresses of seller and purchaser
of property in question, if applicable;
(5) Location of property in question;
(6) Statement of relevant facts;
(7) Alleged violations
of statutes and/or administrative rules complained about, with appropriate
statutory and/or administrative rules references; and
(8) Names and addresses of witnesses, if any, to
the alleged violations of statutes and/or administrative rules.
Source. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
Rea 204.02 Filing
of Complaint. The complete original
Form No. 11 shall be mailed or delivered to the commission office.
Source. #5568, eff
New. #7161, INTERIM, eff
New. #7263, eff
New. #9202, INTERIM, eff
Rea 204.03 Notice
of Complaint. The commission shall
send a copy of the formal complaint filed on Form No. 11 to the licensee or
licensees against whom the complaint is made together with the blank original
Form No. 11-A.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 204.04 Answer.
(a)
Each licensee against whom a complaint is made shall respond to the
complaint in writing on an original
Form No. 11-A. Said form shall be signed
and sworn to in the presence of a notary public or justice of the peace.
(b)
The respondent shall supply the following:
(1) Name and address of person answering the
complaint;
(2) A narrative response to the complaint setting
forth the explanation of and defenses to the complaint; and
(3) Names and addresses of witnesses to the
alleged violation of statutes and/or administrative rules, if any.
(c)
The response shall be filed with the commission within 30 days of
receipt of the Form No. 11-A.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 204.05 Investigation. All formal complaints shall be investigated
pursuant to RSA 331-A:29.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 204.06 Adjustment
by Conciliation.
(a) For purposes of
this section “informal disposition” means resolution of the complaint without a
hearing on the merits and with the consent of the licensee and approval of the
commission, pursuant to RSA 331-A:29 and RSA 541-A:31, V(a) and (b).
(b) The evaluating
commission member, the executive director or designee shall attempt to resolve
the complaint informally pursuant to RSA 331-A:29, I and RSA 541-A:31, V.
(c) When resolving a
complaint informally, the commission shall:
(1) Inform the licensee that any proposed
settlement agreement is voluntary; and
(2) Inform the licensee that the licensee may be
represented by counsel at an informal disposition at the licensee’s expense.
(d) A proposed
informal disposition of a complaint shall be presented to the commission for
its consideration. The proposed
settlement agreement shall be in writing, signed at a minimum by the licensee
and executive director, and be notarized.
(e) A proposed
settlement agreement shall at a minimum set forth the allegations made in the
complaint, the conditions agreed upon, and the consequences of noncompliance.
(f) The commission
shall accept the proposed settlement agreement in whole or in part, reject the
proposed settlement agreement or indicate that it would accept the proposed
settlement agreement with specified conditions or amendments.
Source. #7519,
eff
PART Rea 205 CONDUCT OF ADJUDICATIVE HEARING
Rea 205.01 Notice.
(a) Whenever the
commission determines that a hearing is warranted, based on a preliminary showing of evidence giving
rise to sufficient concern that a violation(s) may have occurred as presented
by the evaluating commission member evidence presented to it, a
disciplinary hearing shall be conducted.
A hearing shall then be scheduled and notice of the hearing shall be
given to both parties at least 14 days prior to the scheduled hearing by
certified mail, return receipt requested.
(b) Such notice
shall include the following:
(1) A factual summary of the complaint or charges
as well as a statement of the legal authority under which the hearing shall be
held;
(2) Those provisions of RSA 331-A and/or
administrative rules on which the complaint is based;
(3) The time, date, place and nature of hearing;
(4) The fact that either party may be represented
by counsel at the hearing before the commission;
(5) The fact that either party may have witnesses
present;
(6) The fact that either party may provide
evidence pursuant to RSA 541-A;
(7) A statement that each party has the right to
have the commission provide a certified shorthand 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; and
(8) A statement indicating the extent to which
the Jus 800 will apply to that proceeding.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.02 Request
for Continuance.
(a) Requests for
granting continuances based on good cause shall be submitted, in writing, to
the executive director at least 10 days prior to the hearing date. Good cause shall include the unavailability
of parties, witnesses or representatives necessary to conduct the hearing, or
any other circumstances that
demonstrate that a
postponement would assist in resolving the case fairly, unless such
unavailability is due to action or inaction on the part of the party.
(b) Any such
requests submitted less than 10 days in advance of a hearing shall be
accompanied by an affidavit demonstrating good cause for the late filing.
(c) Good cause for
late filing shall include but not be limited to:
(1) Serious illness;
(2) Death of a family member; and
(3) Conflicting court schedules.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.03 - RESERVED
Source. #7263, eff
Rea 205.04 Presiding
Officer; Appointment; Authority.
(a) All hearings
shall be conducted for the commission 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 of an
appeal;
(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 person who testifies;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI;
(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; and
(c) Upon his or her
own initiative or upon the motion of any party, suspend or waive any
requirement or limitation imposed by this chapter upon 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 commission than would adherence to a particular rule or
procedure.
Source. #7263, eff 5-6-00; amd by #7519, eff 6-28-01; amd by #9202, INTERIM, eff 7-16-08; ss
by #9269-A, eff 9-17-08
Rea 205.05 Withdrawal
of Commissioner.
(a) Upon his or her
own initiative or upon the motion of any party, a commissioner shall, for good
cause withdraw from any hearing.
(b) Good cause shall
exist if a commissioner:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship,
within the third degree of relationship, with any party; or
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(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.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.06 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 if so, whether the attorney is licensed to
practice in
(3) The party or representative’s daytime address
and telephone number.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.07 Prehearing
Conference. Upon request by any
party, or upon the initiative of the presiding officer or commission officials
a prehearing conference shall be scheduled 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; or
(g) Any other
matters which aid in the disposition of the proceeding.
Source. #7263, eff
Rea 205.08 Role
of Agency Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, agency staff
shall have no role in any enforcement or disciplinary hearing.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.09 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 commission about the conduct of a person who becomes a party
shall have no role in any enforcement or disciplinary hearing.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.10 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.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.11 Failure
to Attend Hearing. If any party to
whom notice has been given in accordance with Rea 205.01 fails to attend a
hearing, the presiding officer shall:
(a) Declare that
party to be in default; and
(b) Either:
(1) Dismiss the case, if the party with the
burden of proof fails to appear; or
(2) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of proof in the case.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.12 Witnesses. All witnesses appearing before the commission
shall testify under oath or affirmation.
Oaths shall be administered by the presiding officer.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.13 Evidence. The introduction of evidence and testimony in
adjudicative proceedings held before the commission shall comply with RSA
541-A:33.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.14 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.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.15 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.
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.16 Hearing
Procedures.
(a) Disciplinary
hearings shall be heard by a hearing panel consisting of at least 3 commission
members. The hearing panel shall not
include the commission member responsible for evaluating the complaint. The commission chairperson or acting
chairperson shall act as the presiding officer.
(b) The complainant,
whether a member of the public or the commission’s investigator or
complainant’s representative, shall open the proceedings through production of
witnesses and exhibits, to be followed by those produced by the licensee
complained against, or licensee’s counsel.
(c) After all
evidence is submitted, the complainant, or complainant’s representative, shall
summarize first, followed by the licensee complained against. The hearing panel shall then retire with the
facts to deliberate on the case and make its decision. Written memoranda and statements may also be
filed with the hearing panel before the close of evidence
Source. #7263, eff
New. #9202, INTERIM, eff
Rea 205.17 Record
of the Hearing.
(a) A verbatim
record of all disciplinary hearings held by the commission shall be kept and
made a part of the case file pursuant to RSA 541-A:31, VII.
(b) If any person
requests a transcript of the taped record, the commission 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 before the
commission, the record of the proceeding shall be made by a certified shorthand
court reporter provided by the commission at the requesting party’s
expense. A request for a certified
shorthand court reporter shall be filed at least 10 days prior to the hearing.
Source. #7263, eff
New. #9202, INTERIM, eff
PART Rea 206 ADJUDICATIVE
HEARING DECISIONS
Rea 206.01 Orders.
(a) Any decision by
the hearing panel on matters considered at a disciplinary hearing shall be by
majority vote. The decision shall be
issued by the commission, in writing, in the form of an order.
(b) Members of the
commission shall not participate in a decision unless they have been present at
the hearing.
(c) An order shall
include findings of fact and conclusions of law, and shall be based upon the
preponderance of evidence presented at the disciplinary hearing or contained in
the record.
(d) After the close
of the record, the commission shall dismiss the case if the allegations have
not been proved by a preponderance of evidence.
(e) After the close
of the record, if the allegations have been proven by a preponderance of the
evidence, the commission shall take disciplinary action pursuant to RSA
331-A:28, I and II. In imposing a
sanction, the commission shall take into account the presence of aggravating or
mitigating circumstances.
(f) The following
shall be considered aggravating circumstances:
(1) The licensee's prior disciplinary record,
including number, type, and timing of prior instances of misconduct;
(2) The licensee's state of mind at the time of
the offense;
(3) The licensee's unwillingness to cooperate
with the commission;
(4) The purpose of the rule or statute violated;
(5) The potential harm to the public; and
(6) Multiple offenses in the same incident.
(g) The following
shall be considered mitigating circumstances:
(1) The absence of a prior disciplinary record;
(2) The licensee's state of mind at the time of
the offense;
(3) The licensee's willingness to cooperate with
the commission;
(4) The licensee's acknowledgement of his or her
proven wrongdoing;
(5) The purpose of the rule or statute violated;
(6) The lack of potential harm to the public; and
(7) The lack of multiple offenses in the same
incident.
(h) A copy of the
commission's order shall be mailed within 2 days after issuance to:
(1) The licensee, addressed to her or his place
of business; and
(2) The complainant.
Source. #7263, eff
Rea 206.02 Appeals. The action of the commission stated in an
order may be appealed to the superior court by the licensee within 30 days
after its issuance pursuant to RSA 331-A:28, III.
Source. #7263, eff
New. #9202, INTERIM, eff
PART Rea 207 EXPLANATION OF RULES
Rea
207.01 Explanation of Rules.
(a) The commission shall provide, if requested by
any person up to 30 days of the final adoption of any rule, an explanation of
the rule to include:
(1)
A concise statement of the principal reasons for and against the
adoption of the rule in its final form; and
(2) An explanation of why the commission overruled
the arguments and consideration against the rule.
(b) The request shall be considered at the next
scheduled commission meeting and the commission shall issue a response within
45 days after consideration.
Source. #9269-B, eff
CHAPTER
Rea 300 LICENSING REQUIREMENTS
PART
Rea 301 APPLICATION PROCEDURE
Rea 301.01 Application
Form.
(a) All applicants
for licenses under RSA 331-A as brokers shall supply the following on or with
Form 1-RE, in addition to the information required by RSA 331-A:12:
(1) Full legal name;
(2) Date of birth;
(3) Resident physical address;
(4) Resident mailing address;
(5) Type of broker license requested;
(6) License status;
(7) Business name, if applicable;
(8) Business physical address, if applicable;
(9) Business mailing address, if applicable;
(10) Length of time and locations of residence for
5 years prior to date of application;
(11) Present employer and names and addresses of
employers for 5 years prior to date of application;
(12) All states including
(13) Information regarding any suspension or
revocation of real estate licenses or other business licenses;
(14) Actions involving any bankruptcy, insolvency
proceedings, or compromise with creditors;
(15) Information regarding any current
undischarged court judgments or liens;
(16) Convictions for criminal misdemeanor or
felony offenses;
(17) Information on matters which may affect the
applicant’s good repute or trustworthiness or affect public confidence;
(18) Notarized signature of the applicant;
(19) Power of Attorney form for non-resident
applicants;
(20) Whether applicant will be conducting business
under a trade name or firm registered with the
(21) Location of business;
(22) Copies of
(23) Surety bond, pursuant to RSA 331-A:14 and Rea
401.01(d)(e);
(24) Evidence of 60 hours of commission approved
education pursuant to Rea 301.03;
(25) Credible evidence of at least 6 separate real
estate transactions pursuant to RSA 331-A:10;
(26) Criminal record information, pursuant to RSA
331-A:10-a; and
(27) Whether the applicant will be operating a
real estate business as a sole proprietorship, partnership, association,
corporation, limited liability company, or other business association.
(b) All applicants
for licenses under RSA 331-A as salespersons shall supply the following on or
with Form 2-RE, in addition to the information required by RSA 331-A:12;
(1) Full legal name;
(2) Date of birth;
(3) Resident physical address;
(4) Resident mailing address;
(5) License status;
(6) Business name, if applicable;
(7) Business physical address, if applicable;
(8) Business mailing address, if applicable;
(9) Length of time and locations of residence for
5 years prior to date of application;
(10) Present employer and names and addresses of
employers for 5 years prior to date of application;
(11) All states including
(12) Information regarding any suspension or
revocation of real estate licenses or other business licenses;
(13) Actions involving any bankruptcy, insolvency
proceedings, or compromise with creditors;
(14) Information regarding any current undischarged
court judgments or liens;
(15) Convictions for criminal misdemeanor or
felony offenses;
(16) Information on matters which may affect the
applicant’s good repute or trustworthiness or affect public confidence;
(17) Notarized signature of the applicant;
(18) Power of Attorney form for non-resident
applicants;
(19) Evidence of completion of required 40 hour
pre-licensing education pursuant to Rea 301.03; and
(20) Criminal record information, pursuant to RSA
331-A:10-a.
(c) All applicants
for a
broker license as a firm under RSA 331-A shall supply the following on
or with Form 3-RE, in addition to the information required by RSA 332-A:12, IV:
(1) The firm name as registered with the NH
secretary of state’s office;
(2) Physical address of the firm;
(3) Mailing address of the firm;
(4) Trade name(s) as registered with the NH
secretary of state’s office in which the firm transacts business;
(5) Date trade name(s) expires;
(6) All officers or partners and titles within
the firm;
(7) Physical resident addresses of all officers
or partners;
(8) All officers’ or partners’ designations as
salespersons or brokers if participating in the business of real estate
brokerage;
(9) Principal broker’s name and broker license
number;
(10) Principal broker’s surety bond company name
and bond number;
(11) Names and license numbers for licensees
working at the firm;
(12) Branch office
locations;
(13) Notarized signature
of the principal broker; and
(14) Power of Attorney form for non-resident
firms; and
(15) Submit a current
certificate for the firm name from the NH secretary of state’s office.
(d) All applicants for a broker license as a firm
branch shall supply the following on or with Form 9-RE:
(1) The firm name as
registered with the NH secretary of state’s office;
(2) Physical address
of the firm branch;
(3) Mailing address
of the firm branch;
(4) Trade name(s) as
registered with the NH secretary of state’s office in which the firm branch
transacts business;
(5) Date trade
name(s) expires;
(6) Managing broker’s
name and license number;
(7) Managing broker’s
surety bond company name and bond number;
(8) Names and license
numbers of licensees working at the firm branch;
(9) Notarized
signature of the principal broker of the firm;
(10) Notarized
signature of the managing broker of the firm branch; and
(11) Power of
Attorney form for non-resident firm branches.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
amd by #4559, eff 12-28-88; Rea 301.01(a) EXPIRED: 9-19-90
New. #5569, eff
New. #7162, INTERIM, eff
New. #7264, eff 5-6-00; amd by #7520, eff 6-28-01;
ss by #8832, eff 5-1-07; ss by #9301,
eff 10-22-08
Rea 301.02 Fees.
(a) The applicant for
each original individual, or firm,
or firm branch broker license and renewal thereof shall pay a fee of $90.
(b) The applicant
for each original salesperson license and renewal thereof shall pay a fee of
$70.
(c) The broker,
salesperson, or firm, or firm branch shall pay a fee of $5 for each duplicate license.
(d) The broker,
salesperson, or firm, or firm
branch shall pay a fee of $15 for
each license amendment.
(e) The broker,
salesperson, or firm, or firm
branch shall pay a fee of $5 for each certificate of license and good
standing.
(f) The applicant
for each qualifying examination shall pay a fee of $100.
(g) The broker or
salesperson Any individual or firm
shall pay a fee of $25 or 5% of the face amount of the check, whichever is greater,
plus all protest and bank fees for each check, draft or money order dishonored
and returned to the commission pursuant to RSA 6:11-a.
(h) The broker,
salesperson, or firm, or firm
branch 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.
(i) Real estate
course providers shall pay an evaluation fee of $30 each time a course is
submitted to the commission for accreditation or reaccreditation.
(j) Real estate applicants
and licensees shall pay a fee of $10 for each course submitted to the
commission to be evaluated for pre-licensing education credit or continuing
education credit.
Source. #2130, eff 8-30-82; amd by #2375, eff 6-6-83;
ss by #2847, eff 9-19-84; ss by #3167, eff 12-31-85; ss by #4304, eff 8-21-87;
ss by #4631, eff 7-1-89
New. #5569, eff 2-11-93; amd by #6681, eff 2-3-98;
amd by #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7264, eff 5-6-00; ss by #7689, eff 6-1-02;
ss by #8010, eff 1-1-04; amd by #8832, eff 5-1-07; ss by #9301, eff 10-22-08
Rea 301.03 Filing Requirements.
(a) All candidates for the real estate licensing
examination shall file a completed registration form, together with the
examination fee, in the office of the real estate commission prior to
scheduling a real estate exam.
(b) The candidate shall supply on such
registration form the following:
(1) Legal name and address of candidate
registering to take the real estate licensing examination;
(2) Date of birth of candidate;
(3) Gender;
(4) School code;
(5) Date of previous real estate licensing
examination taken in this state, if any; and
(6) Signature of candidate.
(c) Candidates who apply for the broker
examination based on being licensed in another state for at least one
calendar year shall submit a certificate of good standing from the licensing
authority of the state in which they are or were licensed along with their
examination registration.
(d) No notice to
schedule an examination shall be mailed to any candidate unless or until a
completed registration form, certificate of good standing if applicable, and
examination fee have been received and accepted in the office of the real
estate commission.
(e) All candidates
shall
take the examination within 3 months from the date of receipt of the
exam registration at the office of the real estate commission.
(f) Any candidate
who fails to take the examination within the 3 month period as required by Rea
301.03(e) shall be required to submit a new registration and fee.
(g) Candidates for
the broker or salesperson exam shall be required to attain a minimum score of
70%.
(h) Candidates who
apply for the broker examination based on employment as a salesperson pursuant
to RSA 331-A:10, II shall submit the following in the application for
licensure:
(1) Verification of dates of employment as
salesperson by employing broker;
(2) Amount/percentage of time worked; and
(3) Notarized signature of employing broker
attesting that the information supplied on the 1-RE Form is true.
(i) Candidates who
seek approval to take the broker examination based on equivalent experience
pursuant to RSA 331-A:10, II(c) shall supply the following on a Form 21-G:
(1) Name of employer and type of work performed;
(2) Dates of employment and percentage of time
worked;
(3) Detailed explanation of experience claimed;
(4) Number of real estate transactions involved
in; and
(5) Notarized signature of candidate attesting
that the above information supplied on the Form 21-G is true.
(j) Candidates for
the broker examination shall show proof of completion of 60 hours of approved
study, pursuant to RSA 331-A:10, II, consisting of the following:
(1) A juris doctor degree from an accredited law
school obtained by a licensed attorney who actively practices or practiced in
real estate law within the last 5 years; or
(2) One of the following degrees within 5 years
prior to the date of examination:
a. A bachelor’s degree with a major in real
estate from an accredited college, university or institute of higher learning;
or
b. A bachelor’s degree
from an accredited college, university or institute of higher learning, having
completed coursework equivalent to a major in real estate; or
c. An associate degree in real estate from an
accredited institution; or
(3) Successful completion of the education
requirements and receipt of the designation for at least one of the following
within 5 years prior to the date of examination:
a. Certified Commercial Investment Member
(CCIM);
b. Certified Real Estate Brokerage Manager
(CRB);
c. Certified Residential Specialist (CRS);
d. Counselor of Real Estate (CRE);
e. Graduate, Realtor Institute (GRI); and
f. Society of Industrial and Office Realtors
(SIOR).
(k) The following
items may be applied towards the 60 hours of approved study:
(1) Real estate continuing education courses
previously approved by the New Hampshire real estate commission for credit that
have been successfully completed within 24 months prior to the date of
examination may be submitted consisting of one or more of the
following:
a. One 3 hour accredited core course; and
b. Accredited elective courses;
(2) Evidence of beginning and successfully
completing 40 hours of accredited pre-licensing education may be submitted consisting of the following:
a. 30 32 hours of classroom
attendance and no more than 10 8 hours of distance education within
1 year prior to the date of examination; in compliance with the
following:
1. Pre-licensing distance education shall only
be allowed for acceptable absences, such, as, but not limited to:
i. Family emergencies;
ii. Illnesses; and
iii. Other unforeseen circumstances;
2. All distance education shall be provided
through audio or visual recordings or correspondence delivery with a final
examination consisting of a minimum of 25 questions; and
3. Pre-licensing distance education shall not
exceed 2 classes; or
b. A minimum of 30 32 hours of classroom
attendance and no more than 10 8
hours of distance education within 1 year prior to the date of examination
consisting of 34 hours of accredited national material completed in another
state and a minimum of 6 hours of New Hampshire accredited state material; or
(3) Real estate related credit courses
successfully completed within the past 5 years at an accredited college,
university or institute of higher learning, and evidenced by a transcript, may
be submitted to the commission for approval, including courses with topics,
such as, but not limited to:
a. Accounting;
b. Management;
c. Real estate law;
d. Finance;
e. Real estate investment;
f. Appraisal courses; and
g. Paralegal courses.
(l) Each hour of the
courses outlined in (k)(1) and (2) above, shall count towards one hour of
credit toward the required 60 hours. All
3 credit or more courses submitted and approved under (k)(3) as real estate
related education shall receive 12 credit hours.
(m) Schools or
individuals may seek accreditation of education not included in (k)(1) through
(3) above or (o) below by submitting the course content outline, course
materials, course hours, course accreditation fee, and certificate of
completion to the
(n) For purposes of
(k)(2) above, proof of a pre-licensing course previously used to fulfill the
salesperson’s education requirement shall not be used to fulfill the broker
education requirement.
(o) Candidates for
the salesperson examination shall complete 40 hours of approved study prior to
the date of examination, pursuant to RSA 331-A:10, I. Evidence of successfully completing an
accredited 40 hour pre-licensing course with a minimum of 30 hours of classroom
attendance and no more than 10 hours of distance education within 1 year prior
to the date of examination.
(p) The education above in (o) shall consist of the
following:
(1) An accredited New Hampshire 40 hour pre-licensing
course; or
(2) A minimum of 34 hours of national material
completed in another state and a minimum of 6 hours of accredited New Hampshire state material.
(p) Evidence
of beginning and successfully
completing 40 hours of accredited
pre-licensing education may be
submitted consisting of the
following:
(1)
a. Pre-licensing
distance education shall only be allowed for acceptable absences, such as, but
not limited to:
1. Family emergencies;
2. Illnesses; and
3. Other unforeseen circumstances;
b. All distance
education shall be provided through audio or visual recordings or correspondence
delivery with a final examination consisting of a minimum of 25 questions; and
c. Pre-licensing
distance education shall not exceed 2 classes; or
(2) A minimum of 32
hours of classroom attendance and no more than 8 hours of distance education within
1 year prior to the date of examination consisting of 34 hours of accredited
national material completed in another state and a minimum of 6 hours of New
Hampshire accredited state material.
(q) Candidates who pass any portion of the
examination but fail to satisfy the education requirement pursuant to RSA
331-A:10 prior to the date of examination, shall be required to re-take the
exam in its entirety.
(r) Examination candidates shall not send the
application for license and license fee to the real estate commission until
after they have received notification that they passed both the uniform and
state portions of the written examination, or passed the state portion for
reciprocal non-resident licensees.
(s) Real estate applicants shall not complete the
broker or salesperson application for a license, including all notarized
signatures, more than 30 days prior to submission to the real estate commission
office.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4304, eff 8-21-87; ss by #4559, eff 12-28-88; amd by #4713, eff
11-28-89; ss by #5569, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff
New. #7264, eff 5-6-00; ss by #7520, eff 6-28-01;
ss by #8832, eff 5-1-07; amd by #9301,
eff 10-22-08
Rea 301.04 Dishonored
Checks, Drafts or Money Orders.
(a) No candidate for
the real estate licensing examination shall be permitted to take the test for
which he or she is registered if the commission is notified that the check,
draft or money order used to pay the examination fee has been dishonored. Such candidate shall be required to wait
until the prescribed fee for his or her dishonored check, draft or money order
accompanies the new registration form and examination fee.
(b) Any applicant or
licensee who has paid for an original or renewal of a real estate broker, salesperson
or firm license with a check, draft or money order that has
subsequently been dishonored, shall
within 14 days after
receiving notice from the commission that said check, draft or money order has
been dishonored, remit to the commission the required original or renewal fee
plus the prescribed fee for a dishonored check, draft or money order.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4304, eff 8-21-87; ss by #5073, eff 2-21-91; ss by #5569, eff 2-11-93,
EXPIRED: 2-11-99
New. #7162, INTERIM, eff
New. #7264, eff
PART Rea 302
QUALIFICATIONS
Rea 302.01 Programs
of Study Accreditation and Re-accreditation.
(a) Any individual
applying for accreditation or any corporation applying for accreditation to
instruct a real estate course shall submit to the commission documents
substantiating the applicant's qualifications to instruct such course, including,
but not limited to (b) below. The
applicant shall be scheduled to appear before the commission to address any
questions the commission has prior to the commission deciding whether to
approve or deny accreditation.
(b) All individuals
or corporations applying for accreditation shall complete at least 72 hours of
course teaching of real estate related subjects in
(c) All individuals or corporations shall apply
for re-accreditation within one year from the date of original accreditation or
re-accreditation.
Source. #2130, eff
New. #5570, eff
New. #7162, INTERIM, eff
New. #7264, eff
Rea 302.02 Course
Outline.
(a) Applicants for
accreditation and re-accreditation of a pre-licensing course shall submit an
outline showing 40 course hours to be taught, on subject areas approved by the commission,
including but not limited to:
(1)
(2)
(3)
a. Human rights;
b. Environmental issues;
c. Condominium Act;
d. Planning and zoning;
e. Wetlands;
f. Taxation;
g. Manufactured housing;
h. Property management (tenant/landlord);
i. Recordation; and
j. Descent and distribution;
(4) Listing property, including:
a. Listing;
b. Assessment of property value; and
c. Services to the seller;
(5) Selling property, including:
a. Services to the buyer; and
b. Advising buyers of outside services;
(6) Property management, including:
a. Leasing;
b. Management;
(7) Settlement/transfer of ownership, including:
a. Tax issues;
b. Titles;
c. Settlement procedures; and
d. Completion of the transaction;
(8) Financing, including:
a. Sources of financing;
b. Types of loans;
c. Terms and conditions; and
d. Common clauses and terms in mortgage
instruments; and
(9) Professional responsibilities/fair
practice/administration.
Source. #5570, eff
New. #7162, INTERIM, eff
New. #7264, eff
PART Rea 303
EXAMINATIONS
Rea 303.01 Examination Schedule. Examinations for broker and salesperson
candidates shall be scheduled a minimum of 6 times a year.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4559, eff 12-28-88; ss by #4713, eff 11-28-89; ss by #5571, eff 2-11-93,
EXPIRED: 2-11-99
New. #7162, INTERIM, eff
New. #8832, eff
Rea 303.02 Answer
Sheets. Examination Response
Records. All completed answer
sheets records of candidate
examination responses shall
remain the property of the commission and shall be destroyed maintained for at least one year from the date of examination.
Source. #2130, eff
New. #5571, eff
New. #7162, INTERIM, eff
New. #7264, eff
New. #9202, INTERIM, eff
Rea 303.03 Examination
Failure. Candidates for the broker
or salesperson examination who took the examination and are notified that they
did not receive a passing grade for part or all of the examination shall submit
a new examination fee and registration form the original failing score report(s) if they desire to be
rescheduled.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4559, eff 12-28-88; ss by #4713, eff 11-28-89; ss by #5571, eff 2-11-93,
EXPIRED: 2-11-99
New. #7162, INTERIM, eff
New. #7264, eff
New. #9202, INTERIM, eff
Rea 303.04 Failure
to Attend Examination. Any candidate
who fails to attend an examination for which they are scheduled shall be
required to submit a new examination fee and registration form if they desire
to be rescheduled.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4559, eff 12-28-88; ss by #5571, eff 2-11-93, EXPIRED:
2-11-99
New. #7162, INTERIM, eff
New. #7264, eff
New. #9202, INTERIM, eff
Rea 303.05 Partial
Examinations.
(a) Candidates for
the broker and salesperson examination who took the examination and are
notified by the testing service that they received a passing grade for only one
portion, either the uniform portion or the state portion, of the examination
shall not be required to re-take the portion of the examination which they
passed. Such candidates shall submit a
new examination fee and registration form the original passing and failing score report(s) if they desire to
be rescheduled to take only the portion of the examination which they failed.
(b) A minimum
passing grade of 70% for both the uniform and state portions of the
examination shall be obtained within a one year period from the date of the
original examination in order to qualify for licensing as a real estate
salesperson or broker. Candidates who
fail to attain a passing grade on both portions of the examination within a one
year period from the date of the original examination or after 8 examinations
shall be required to complete an accredited pre-licensing course in addition to
any pre-licensing course previously submitted to take the original examination
and re-take the examination in its entirety.
Source. #4713, eff
New. #7162, INTERIM, eff
New. #7264, eff 5-6-00; amd by #8832, eff 5-1-07; amd by #9202, INTERIM, eff 7-16-08; ss by
#9301, eff 10-22-08
PART Rea 304
RECIPROCITY
Rea 304.01 Reciprocity
for Licensure. Reciprocity
requirements regarding licensing shall be as specified in Rea 301.03(c).
Source. #7264, eff
New. #9202, INTERIM, eff
Rea 304.02 - REPEALED
Source. #7264, eff 5-6-00; ss by #7520, eff 6-28-01;
rpld by #8832, eff 5-1-07
PART
Rea 305 LICENSES
Rea 305.01 Foreign
Corporation.
(a) A corporation
organized under the laws of another state shall be registered with the New
Hampshire secretary of state pursuant to RSA 293-A in order to do business in
New Hampshire.
(b) A Form 3-RE
shall be filed with the
(c) Form 3-RE shall
contain the following:
(1) Corporation name in which license is to be
issued as registered with the
(2) Address
of principal place of business, and all branch offices if any;