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NEW RULE EXPANDS NH CONTINUING EDUCATION REQUIREMENTS

With the January 1998 enactment of a new section of the license law, the New Hampshire Real Estate Commission took steps to fulfill a goal that it had long sought: increasing the number of continuing education hours required of active brokers and salespeople.

Since 1994, the Commission has aggressively maintained that, as the business of real estate continues to increase in complexity, the most effective way of meeting the higher standards of brokerage practice necessary to protect the public interest is through increased educational requirements.

After years of working with State lawmakers and the New Hampshire Association of Realtors, the Commission was finally in a position to use RSA 331-A:12, which established an "inactive" licensing status, as the basis for an administrative rule change to boost the continuing education requirements for practicing licensees from 3 to 9 hours (Please see NEW CHANGES TO THE LICENSE LAW in this issue for a discussion of how RSA 331-A:12 supports this new rule change).

At their October 21, 1997 meeting, the Commissioners voted unanimously to support a proposed change to REA 401.01, to affect this increase. Their main concern at that time was not whether to require more continuing education hours, but that safeguards would be devised to insure that licensees had a large selection of practical, worthwhile elective courses available to help them satisfy the expanded requirements.

As the basis for these safeguards, the Commission has followed four factors that were presented by the New Hampshire Association of Realtors at the Commission’s Rulemaking Public Hearings on August 19, 1997:

  1. That the current 3 hour legislative/legal/regulatory update course remain in effect;

  2. That the Commission increase and ensure that an adequate pool of elective courses are available before the March 1, 1999 effective date of the rule;

  3. That the Commission regulate and monitor courses and instructors to ensure a high level of quality;

To address the two main concerns that licensees have expressed regarding the new requirements, it should be re-emphasized that

  1. they affect only actively practicing licensees, and

  2. there will be a sufficient time lag after the rule change goes into effect for licensees to take the necessary courses.

Here is the language of the proposal:

Renewal applicants whose licenses are on active status, and inactive licensees who are applying to have their licenses placed on active status, shall complete a minimum 9 hour continuing education program that has been accredited by the Commission. Renewal applicants whose licenses are on inactive status shall complete a minimum 3 hour accredited continuing education program.

New Hampshire brokers and salespeople who are also licensed in another state, and who present official documentation from that state attesting that the continuing education requirements there have been satisfied, can apply to the New Hampshire Commission for a waiver of the requirements under this rule. All other renewal applicants and licensees who are applying to have their license placed on active status shall submit a continuing education certificate pursuant to RSA 331-A:19, containing the following:

  1. Name, address and signature of renewal applicant:

  2. Name and location of continuing education program;

  3. Date and number of class hours attended;

  4. Name and signature of program instructor; and
  5. Date that the continuing education program or course received accreditation under RSA 331-A:20.

ROSES ARE RED. VIOLETS ARE BLUE.
F. LEE GIVES BETTER ADVICE THAN WE DO...

The New Hampshire Real Estate Commission receives numerous telephone calls from licensees and the public requesting legal advice on real estate matters.

The staff at the Commission are not attorneys and cannot give legal advice either to licensees or the public. The staff may be able to cite statutory provisions or regulations which may be applicable to licensing questions, but they cannot determine ultimate legal conclusions or give any direction in non-licensing matters.

Licensees who have questions regarding interpretation of contracts, rental agreements, commission disputes and closings are advised to speak initially with their broker in charge, and if legal advice is needed, to consult an attorney for appropriate action.

"In This Issue"