CHAPTER Rab
100 ORGANIZATIONAL RULES
REVISION NOTE:
Chapters Rab 100-500 were originally
filed as interim rules under Document #5195, effective 7-29-91, which expired
11-26-91. Chapters Rab 100 through Rab
500 were filed again under Document #5435, effective 7-15-92, but page number
37 in Document #5435 was not included so the rules on that page were not
adopted. These included a portion of Rab
401.01, all of Rab 401.02, 401.03, 402.01(a), (b), and (c) and the introductory
sentence to Rab 402.01(d), (d)(1) and (d)(2).
These particular rules or portions of rules
were therefore not effective until Chapter Rab 400 was readopted with
amendments as part of Document #6958, effective 3-23-99.
PART Rab 101
DEFINITIONS
Rab
101.01 Meaning of Terms Used in Rules.
(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:2, IV, namely, the “The Appraisal Foundation incorporated as an Illinois
nonprofit corporation on November 30, 1987.
The purposes of The Appraisal Foundation are:
(1) To establish and improve uniform appraisal
standards by defining, issuing and promoting such standards;
(2) 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; and
(3) 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
(l) "Certified residential appraiser"
means, “certified residential appraiser” as defined in
(m) “Commercial” means a type of real property
which is used or intended to be used for any purpose other than one to 4 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 302.09, 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 the individual for licensure as a licensed residential real estate
appraiser.
(v) "Licensed residential appraiser"
means, “licensed residential appraiser” as defined in
(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 “person”, as defined in RSA
310-B:2 XXII, namely, “an individual, firm, partnership, limited partnership,
limited liability company, association, corporation, or other group engaged in joint business activities, however
organized”.
(z) “Practical applications of real estate
appraisal (PAREA)” means an alternative to the traditional supervisor and
trainee model for residential licensure and certification.
(aa) “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.
(ab) “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.
(ac) “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 including vacant land that is intended to be used as a
residence for one to 4 families.
(ad) “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.
(ae) “Uniform Standards of Professional Appraisal
Practice (USPAP)” means, “uniform standards of professional appraisal practice
(USPAP)” as defined in RSA 310-B:2, XXIV, namely, “ the current standards of
professional appraisal practice, developed for appraisers and users of
appraisal services by the Appraisal Standards Board of the Appraisal
foundation”.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6957,
eff 3-23-99; ss by #9016, eff 11-1-07;amd
by #10268, eff 2-2-13; ss by #13824, eff 2-13-24
PART Rab 102 DESCRIPTION
OF THE BOARD
Rab 102.01 Meetings
of the Board.
(a) The board is
comprised of 5 members 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.
(c) Pursuant to RSA
310-B:4, VI, board meetings are held at least quarterly, although the board
shall also meet 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
elect its chair and vice chair.
(e) All board
meetings are noticed and open to the public as required by RSA 91-A:2.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6957,
eff 3-23-99; ss by #9016, eff 11-1-07; ss by 13824, eff 2-13-24
Rab 102.02 Address
of the Board.
(a) The board shall
maintain an office at 7 Eagle Square, Concord, N.H. 03301. All correspondence with the board shall be
addressed as follows:
New
Hampshire Real Estate Appraisers Board
7
Eagle Square
Concord,
New Hampshire 03301.
(b) The telephone
number of the board shall be (603) 271-2152.
Source. #13824,
eff 2-13-24
Rab 102.03 Duties
of the Board.
(a) The board shall
be responsible for carrying out the provisions of RSA 310-B and these rules.
(b) The board shall
adopt rules pursuant to RSA 541-A as necessary for its operation and
implementation of RSA 310-B.
(c) The board shall
investigate and act upon all written complaints and prescribe disciplinary
action as required per RSA 310-Band Plc 200.
(d) The board shall establish
all educational requirements for educational programs, courses of study, and
continuing education.
(e) The board shall
adopt the code of ethics and standards of professional appraisal practice as
set forth in USPAP.
(f) The board shall establish
all requirements for licensure by reciprocity.
(g) The board shall establish
all requirements for licenses, certificates, apprentice classifications, and
renewals thereof, in accordance with RSA 310-B and these rules.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6957,
eff 3-23-99; ss by #9016, eff 11-1-07;
amd by #10268,
eff 2-2-13; ss by #12618, eff 9-14-18; #13824,
eff 2-13-24 (formerly Rab 102.02)
PART Rab 103
PUBLIC REQUESTS FOR INFORMATION
Source. #9016,
eff 11-1-07; #13824, eff 2-13-24
CHAPTER Rab 200
RULES OF PRACTICE AND PROCEDURE
REVISION NOTE #1:
Document #10269, effective 2-2-13,
made many changes to the numbering and text of rules in the former Part Rab 202
through Part Rab 210. Specifically:
Rab
202 was readopted with amendments;
Rab
205 was readopted with amendments and renumbered as Rab 203;
Rab
203, Rab 204, and Rab 206 through Rab 209 were readopted with amendments and
renumbered as Rab 204 through Rab 214; and
Rab
210 was readopted and renumbered as Rab 215.
Document
#10269 also renumbered, but did not readopt, the existing rules in Rab 211 and
Rab 212, respectively, as Rab 216 and Rab 217.
The source notes for rules in Rab 216 and Rab 217 contain the document
numbers and effective dates for rules under the former rule number, as noted in
the source notes.
As
practice and procedure rules the rules in Document #10269 would not expire
except pursuant to RSA 541-A:17, II.
Document #10269 replaced all prior filings for rules in the former Rab
202 through Rab 210. The prior filings
for rules in former Rab 202 through Rab 210 included the following documents:
#5195, INTERIM, effective 7-29-91,
EXPIRED 11-26-91
#5435,
effective 7-15-92
#6787, INTERIM, effective 7-15-98,
EXPIRED 11-12-98
#6958, effective 3-23-99, EXPIRED
3-23-07
#8854, INTERIM, effective 3-24-07,
EXPIRED 9-20-07
#9017, effective 11-1-07 (recorded
as not expiring except pursuant to RSA 541-A:17, II)
REVISION NOTE #2:
Document #13783, effective 10-21-23,
repealed Part Rab 201 through Part Rab 217 in
Chapter Rab 200 titled “Practice and Procedure”, and renamed the chapter as
“Rules of Practice and Procedure”.
Document #13783 also adopted a new Part Rab 201 titled “Applicability
and Waiver of Substantive Rules” containing Rab 201.01 titled “Applicability of
Plc 200.” Document #13783 also readopted
with amendment and renumbered the existing rule Rab 218.01 titled “Petitions
for Waiver” as Rab 201.02 in the new Part Rab 201, and
deleted the number and heading for the former Part Rab 218 titled “Waiver of
Substantive Rules”.
Document
#13783 replaces all prior filings affecting the rules in the former Part Rab
201 through Part Rab 217. The prior
filings for Part Rab 201 included the following documents. Italics indicate the rules were subject to
expiration only pursuant to RSA 541-A:17, II:
#5435,
effective 7-15-92
#6787, INTERIM, effective 7-15-98,
EXPIRED 11-12-98
#6958, effective 3-23-99, EXPIRED
3-23-07
#8854, INTERIM, effective 3-24-07,
EXPIRED 9-20-07
#9017, effective 11-1-07
The
prior filings for Rab 202 through Rab 217 after Document #10269 included the
following documents. Italics indicate
the rules were subject to expiration only pursuant to RSA 541-A:17, II:
#10777,
eff 1-31-15
(Rab 203.02(b) and (c) only)
#12618,
eff 9-14-18
(Rab 202.03, Rab 216.04, and Rab 218 only)
As
practice and procedure rules, the rules in Document #13783 will not expire
except pursuant to RSA 541-A:17, II.
PART Rab 201
APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES
Rab 201.01 Applicability of
Plc 200. The Plc 200 rules shall govern the real estate appraiser board with
regards to all procedures for:
(a) Adjudicatory proceedings;
(b) Rulemaking submissions, considerations, and
disposition of rulemaking petitions;
(c) Public comment hearings;
(f) Declaratory rulings;
(g) All statements of policy and interpretation;
(h) Explanation of adopted rules;
(i) Voluntary surrender of licenses; and
(j) Petitions for waiver
of Plc 200 rules.
Source. (See Revision Note at chapter heading for Rab
100 and Revision Note #1 and Revision Note #2 at chapter heading for Rab 200) #13783, eff 10-21-23
Rab 201.02 Petitions
for Waiver.
(a)
Any interested person may request the board to waive any rule not
covered by Plc 2011 by filing an original and 6 copies of a petition to the
real estate appraisers board which identifies the rule in question and sets
forth specific facts and arguments which support the requested waiver.
(b) Petitions for
waivers of substantive rules shall address whether:
(1) Adherence to the rule would cause the
petitioner hardship;
(2) The requested waiver is necessary because of
any neglect or misfeasance on the part of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would injure third
persons.
(c) If examination of
the petition reveals that other persons would be substantially affected by the
proposed relief, the board shall require service of the petition on each such persons and advise each that she or he may file a reply to
the petition.
(d)
The petitioner shall provide further information or participate in such
evidentiary or other proceedings as ordered by the
board as necessary to complete action on the petition.
(e) A petition for
waiver of a rule which does not contain the information required in (b) above
shall be denied without further notice or hearing.
(f) The board shall
grant petitions for waiver of a rule upon finding that good cause exists to do
so based on the information supplied by the petitioner pursuant to Rab
201.01(b).
(g) The board shall,
if good cause to do so exists, initiate waiver or suspension of a substantive
rule upon its own motion by providing affected parties with notice and an
opportunity to be heard, and issuing an order which finds that:
(1) Adherence to the rule would cause the
petitioner undue personal hardship;
(2) There is no neglect or misfeasance on the
part of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would not injure third
persons.
Source. #12618,
eff 9-14-18; ss by #13783, eff 10-21-23 (formerly Rab 218.01) (see Revision
Note #2 at chapter heading for Rab 200)
CHAPTER Rab 300 APPRENTICE
CLASSIFICATION, CERTIFICATE, AND LICENSE REQUIREMENTS
REVISION NOTE:
Document #13967, effective 7-16-24,
adopted various rules in Chapter Rab 300 which had expired 2-2-23, as indicated
in the source notes. Document #13967
also readopted with amendment Rab 302.01 titled “Experience Required” in Part
Rab 302 titled “Qualifications” and readopted with amendment Rab 308.01 titled
“Appraisal Management Company Requirements” in Part Rab 308 titled
“Registration of Appraisal Management Companies.”
The former rule Rab 303.04 titled
“Notification of Examination Date; Identification”, which had also expired
2-2-23 in Part Rab 303 titled “Examinations”, was not adopted again. The former rule Rab 303.05 titled “Examination
Deadlines”, which had expired 2-2-23, was adopted again and renumbered as Rab
303.04. The prior filings affecting the
former Rab 303.04 included the following documents:
(See Revision Note
at chapter heading for Rab 100)
#5435, eff 7-15-92
#6787, INTERIM,
eff 7-15-98, EXPIRED: 11-12-98
#6958, eff
3-23-99, EXPIRED: 3-23-07
#8854, INTERIM,
eff 3-24-07, EXPIRED: 9-20-07
#9018, eff 11-1-07
#10270, eff
2-2-13, EXPIRED 2-2-23
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 the application forms specified in Rab 301.02,
including the application fee and the annual federal registry fee required by
Plc 1002.44.
(b) Applications for
initial licensure shall be processed in accordance with Plc 304.06 through Plc
304.10.
(c) Individuals may
apply for the following types of classification, licenses, and certificates
issued by the OPLC:
(1) Apprentice classification;
(2) Licensed residential real estate appraiser;
(3) Certified residential real estate appraiser;
and
(4) Certified general real estate appraiser.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #9550, eff 9-22-09;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 301.02 Application.
(a) The applicant for
licensure or certification as a real estate appraiser shall complete and submit
the “Universal Application for Initial Licensure” required by Plc 304.01(a)(1).
(b) In addition to
the application required by (a) above the applicant for real estate appraiser
licensure or certification shall complete and submit the “Real Estate Appraiser
Addendum to the Universal Application for Initial Licensure” by providing the
following information:
(1) List all names the applicant has ever been
known by; and
(2) A completed qualifying
education course matrix requiring the following information:
a.
Licensed residential appraiser courses:
1.
The hours completed, who provided, and the date completed for basic
appraisal principles;
2.
The hours completed, who provided, and the date completed for basic
appraisal procedures;
3.
The hours completed, who provided, and the date completed for USPAP;
4.
The hours completed, who provided, and the date completed for
residential market analysis and highest and best use;
5.
The hours completed, who provided, and the date completed for
residential appraiser site valuation and cost approach;
6.
The hours completed, who provided, and the date completed for
residential sales comparison and income approaches; and
7.
The hours completed, who provided,
and the date completed for residential report writing
and case studies;
b. Certified residential appraiser course
matrix:
1. The hours completed, who provided, and the
date completed for basic appraisal principles;
2. The hours completed, who provided, and the
date completed for basic appraisal procedures;
3. The hours completed, who provided, and the
date completed for USPAP;
4. The hours completed, who provided, and the
date completed for residential market analysis and highest and best use;
5. The hours completed, who provided, and the
date completed for residential appraiser site valuation and cost approach;
6. The hours completed, who provided, and the
date completed for residential sales comparison and income approaches;
7. The hours completed,
who provided, and the date completed
for residential report writing and case studies;
8. The hours completed,
who provided, and the date completed for statistics,
modeling, and finance;
9. The hours completed, who provided, and the
date completed for advanced residential applications and case studies; and
10. The hours completed,
who provided, and the date completed
for appraisal subject matter electives; or
c. Certified general appraiser course matrix:
1. The hours completed, who provided, and the
date completed for basic appraisal principles;
2. The hours completed, who provided, and the
date completed for basic appraisal procedures;
3. The hours completed, who provided, and the
date completed for USPAP;
4. The hours completed, who provided, and the
date completed for general appraiser market analysis and highest and best use;
5. The hours completed, who provided, and the
date completed for general appraiser site valuation and cost approach;
6. The hours completed, who provided, and the
date completed for general appraiser sales comparison approaches;
7. The hours completed, who provided, and the
date completed for general appraiser
income approach;
8. The hours completed, who provided, and the
date completed for general appraiser report writing and case studies;
9. The hours completed, who provided, and the
date completed for statistics, modeling, and finance;
10. The hours completed, who provided, and the
date completed appraisal subject matter electives.
(c) The applicant for
licensure shall attach to the application all written documentation issued by
the course provider that a passing grade was achieved on each course listed in
(b) above.
(d) The applicant for
licensure shall complete and submit the “Experience Log” for residential and
commercial appraisals, including the following for each appraisal:
(1) Certificate of license number;
(2) Report type:
a. Apprentice appraiser;
b. Licensed residential;
c. Certified residential; or
d. Certified general;
(3) The signature of the applicant;
(4) The date the form was completed;
(5) File number, or other reference information
used by the applicant to retrieve the file in question;
(6) Date of the appraisal;
(7) Address of the property that was the subject
of the appraisal;
(8) The report type using the following:
a. For restricted use indicate by placing an “R”
in the column; or
b. For appraisal report indicate by placing an
“A” in the column;
(9) The type of appraisal performed, from the
following list:
a. Residential, single family;
b. Residential, 2 to 4 family;
c. Residential building lot;
d. Undeveloped commercial or industrial land;
e. Single occupant commercial, industrial
property, or a combination of the 2;
f. Multiple occupant
commercial, industrial, residential property, or any combination of the 3;
g. Other property types, providing a short
description of each such type;
h. Feasibility study;
i. Market analysis;
j. Cash flow analysis;
k. Investment analysis;
l. Highest and best use study; or
m. Successfully completed approved “Practical
Applications of Real Estate Appraisal” (PAREA) program per the current AQB
criteria effective 1/1/2022;
(10) For each appraisal, indicate the number of
hours the applicant contributed to the appraisal;
(11) The estimated value stated in the appraisal
report;
(12) The client, except in the case of PAREA
experience credits where there is not necessarily a client;
(13) The credit hours requested to be granted
toward the experience requirement; and
(14) The total number of hours as of the date of
the report.
(e) On the
“Experience Log” required by (d) above the applicant’s supervisor shall:
(1) For each portion of the assignment indicate whether they had:
a. The primary responsibility by placing a “P”
for each appraisal assignment;
b. Co-appraised with the applicant by placing a
“C” for each appraisal assignment; or
c. Reviewed and approved by placing an “R” for
each appraisal assignment; and
(2) Provide the following information:
a. Their name;
b. Their license number;
c. Their signature; and
d. The date they signed the form.
(f) The applicant for
licensure shall sign and date the application in accordance with Plc 304.05.
(g) Applicants for
licensure shall pay the application fee specified in Plc 1002.44.
(h) In addition to
the application required by (a) through (f) above the non-resident applicant
shall submit with their application for licensure a signed and dated
“Irrevocable Uniform Consent to Service of Process” requiring the following
information:
(1) Place the name of the company on the line
provided in the following statement:
“The
undersigned applicant for registration as an appraisal management company in
New Hampshire (Print Name of Company) does hereby irrevocably consent,
stipulate and agree that suits, actions and administrative proceedings may be
commenced against such applicant in the courts and agencies of this State, by
the service of any process authorized by the laws of this State on the
Secretary of State and that service of such process upon said Secretary of
State shall be taken and held in all courts to be as valid and binding as if
the service had been made upon said applicant in the State of New Hampshire.”
(2) Name of agent for service of process, firm or
individual;
(3) Title;
(4) Mailing address;
(5) Physical address;
(6) Business telephone number; and
(7) Sign and date below the following completed
statement:
“I,
______________________________ (Name), an authorized to act as an agent for
service of process in the State of New Hampshire on behalf of
_________________________ (Name of AMC), an entity organized and existing under
the laws of the State of ____________________________ (Current Resident State),
for purposes of this application before the New Hampshire Joint Board to obtain
an Appraisal Management Company Registration.
The complete address within New Hampshire whereby I, on behalf of __________________________________ (Name of AMC), may be
served with process by the New Hampshire Office of Professional Licensing &
Certification or their designee as follows:
_______________________________________________________________”
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 301.03 Apprentice
Application.
(a) To be considered
for an apprentice classification, the applicant shall complete and submit the
“Universal Application for Initial Licensure” required by Plc 304.01(a)(1).
(b)
In addition to the application required by (a) above the applicant shall
submit the following:
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;
(2)
The name of the certified individual who will agree to serve as the
apprentice’s supervising appraiser;
(3)
A written, signed, and dated letter acknowledgement from the supervising
appraiser; and
(4)
A signed and dated affirmation by the applicant that they:
a. Understand
and accept that the application shall be of a continuing nature;
b.
Shall notify the OPLC of and supply all changes in information submitted
as part of the application prior to the issuance of a license or certificate;
and
c.
Understand the types of misconduct for which disciplinary action can be
initiated against them as set forth in RSA 310-B:5-a, and shall comply with the
standards set forth in RSA 310-B:18-a.
(c) Nonresident
applicants shall submit to the OPLC a signed and dated “Irrevocable Uniform
Consent to Service of Process” form, as required in Rab 301.02(h).
(d)
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 their knowledge and belief.
(e) Applicants shall
pay the application fee required by Plc 1002.44.
Source. #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff
7-16-24 (see Revision Note at chapter heading for Rab 300)
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 OPLC 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.
Source. #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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”, effective 1/2022
and 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 in (c)-(e) 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 1,000 hours which shall
be accrued in no fewer than 6 months. However, experience hours in excess of the 1,000 may be
accrued but shall not be applied toward licensure until the person has reached
the end of the minimum 6-month period.
(d) Each person who seeks to become a certified
residential real estate appraiser shall accrue at least 1,500 hours of
appraisal experience in no fewer than 12 months. Experience hours in excess
of the 1,500 may be accrued but shall not be
applied toward licensure until the person has reached the end of the minimum
12-month period.
(e) Each person who seeks to become a certified
general real estate appraiser shall accrue at least 3,000 hours of appraisal
experience, of which at least 1,500 hours shall have been in non-residential
appraisal work, obtained in no fewer than 18 months. Experience hours in excess
of the 3,000 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 18-month period.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13;
ss by #13216, eff 6-23-21; ss by #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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”, effective 1/2022. 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
successfully completed approved PAREA programs for residential applicants only,
per AQB criteria effective 1/1/2022 that:
(1) Was obtained after January 30, 1989;
(2) Conforms to Standards 1, 2, 3, and 4, 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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 302.03 General Educational Requirements for
Certification.
(a)
Each applicant as a certified residential real estate appraiser shall
hold:
(1) An associate’s
degree in the field of either business administration, finance, accounting,
economics, or real estate;
(2) A bachelors degree or higher in any
field of study; or
(3) A licensed
residential real estate appraiser credential for a
minimum of 5 years and have no record of any adverse
and final disciplinary history during the 5 years preceding the application for
certification when the applicant does not meet the education requirement in (1)
or (2) above.
(b)
Each applicant for certification as a general real estate appraiser
shall hold at least a bachelor’s degree, or higher, from a 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)
Each applicant as a licensed residential real estate appraiser shall not
be required to have any college level education.
(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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.19); ss by #10778, eff 1-31-15; ss by #13216, eff 6-21-21; ss by
#13967, eff 7-16-24 (see Revision Note at chapter heading for Rab 300)
Rab 302.04 Experience
Hour Standards.
(a) Traditional
method for applicants who are under the supervision of a licensed certified
residential or certified general appraiser shall
include:
(1) 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;
(2) Reports prepared pursuant to (1) 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;
(3) 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; and
(4) The actual number of hours the applicant
spent, up to a maximum of 40, 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 if
required by USPAP, shall be the number of credits awarded.
(b) A PAREA program
that applies to applicants who are not under the supervision of a licensed
certified residential or certified general appraiser and are approved by the
AQB shall serve as an alternative to the traditional experience requirements as
described in Rab 302.04(a) and shall:
(1) Be the PAREA program that is AQB approved and
meets all required elements found in the PAREA section of the “Real Property
Appraiser Qualification Criteria” as defined in Rab 302.01(a); and
(2) Not require that there be a client for an
appraisal for that experience to qualify as an experience.
(c) Applicants using
PAREA training as alternative experience shall submit a certificate of
completion that is signed by an individual from the training program qualified
to verify an applicant’s successful completion.
(d) Applicants using
PAREA training as alternative experience shall not:
(1) Receive partial credit for PAREA training;
and
(2) Receive a certificate of completion until all
required components of PAREA training have been successfully completed and
approved by the program mentor.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.03), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 302.05 Limitation
for Certified General Real Estate Appraiser Applicants. Experience
for certified general real estate appraiser applicants shall total 3000 hours
and be earned as follows:
(a)
No more than 1500 hours of the experience
requirement shall be obtained from appraisals on single
family residential, residential 2 to 4 family,
residential building lot, or any written narrative appraisal report of a
single-family property; and
(b)
A minimum of 1500 hours shall be from nonresidential appraisal work.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.04), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 302.06 Review
Experience. Applicants may claim the
actual time spent for reviews of appraisals prepared
in compliance with USPAP Standard 3 and 4.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.04), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.04), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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 requested hours appraisal, reports shall conform to USPAP.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.04), EXPIRED: 2-2-23
New. #13967, eff
7-16-24 (see Revision Note at chapter heading for Rab 300)
Rab
302.09 Real Estate Appraiser
Educational Requirements.
(a) “Classroom hour” means, for the purposes of
this section, 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 who are
a licensed residential real estate appraiser can satisfy the educational
requirements to become a certified residential real estate appraiser, as shown
in Table 3.2.6 above, by completing the additional educational hours as set forth
in Table 3.2.7 “Certified Residential Real Estate Appraiser Core Curricular
Requirements for Licensed Residential Real Estate Appraisers” below:
Table 3.2.7 Certified Residential Real Estate Appraiser Core
Curricular Requirements for Licensed Residential Real Estate Appraisers
|
Statistics, Modeling, and Finance |
15 Hours |
|
Advanced Residential Applications and Case Studies |
15 Hours |
|
Appraisal Subject Matter Electives |
20 Hours |
(i) 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 3.2.8 “Certified General Real Estate Appraiser 300-Hour Core
Curricular Requirements” below:
Table 3.2.8 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 |
(j) Applicants who are a licensed residential
real estate appraiser can satisfy the educational requirements to become a
certified general real estate appraiser, as shown in Table 3.2.8 above, by
completing the additional educational hours as set forth in Table 3.2.9
“Certified General Real Estate Appraiser Core Curricular Requirements for
Licensed Residential Real Estate Appraisers” below:
Table 3.2.9 Certified General Real Estate Appraiser Core Curricular
Requirements for Licensed Residential Real Estate Appraisers
|
General Appraiser Market Analysis and Highest & Best Use |
15 Hours |
|
General Appraiser Site Valuation and Cost Approach |
15 Hours |
|
General Appraiser Sales Comparison Approaches |
15 Hours |
|
General Appraiser Income Approach |
45 Hours |
|
General Appraiser Report Writing and Case Studies |
15 Hours |
|
Statistics, Modeling, and Finance |
15 Hours |
|
Appraisal Subject Matter Electives (may include hours over minimums
shown above) |
30 Hours |
(k) Applicants who are
a certified residential real estate appraiser can satisfy the educational
requirements to become a certified general real estate appraiser, as shown in
Table 3.2.8 above, by completing the additional educational hours as set forth in
Table 3.2.10 “Certified General Real Estate Appraiser Core Curricular
Requirements for Certified Residential Real Estate Appraisers” below:
Table 3.2.10 Certified General Real Estate Appraiser Core Curricular
Requirements for Certified Residential Real Estate Appraisers
|
General Appraiser Market Analysis and Highest & Best Use |
15 Hours |
|
General Appraiser Site Valuation and Cost Approach |
15 Hours |
|
General Appraiser Sales Comparison Approaches |
15 Hours |
|
General Appraiser Income Approach |
45 Hours |
|
General Appraiser Report Writing and Case Studies |
10 Hours |
(l) Classroom hours shall be credited only for
educational offerings with content that follows the AQB core curriculum
requirements.
(m) Courses taken to satisfy the qualifying education requirements shall not be repetitive.
(n) 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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.08); ss by #12689, eff 12-18-18
Rab 302.10 Documentation
of Formal Instruction Required. Evidence of formal instruction shall be submitted
to the OPLC and shall consist of written documentation issued by the course
provider, such as an official transcript, that a passing grade was achieved.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.09), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.10), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
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 302.16.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.11), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
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;
(f) Providers
offering courses approved by the board pursuant to Rab 302.16; or
(g) The Appraisal
Foundation or its boards.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.12), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.13) ), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
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 2022, available as noted in Appendix A.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.14), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 302.15 & 302.16), EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (See Revision Note at
chapter heading for Rab 300)
Rab
302.17 Criteria for Course Approval.
(a) Courses seeking approval by the board shall
submit:
(1) A completed “Request for Course Approval” form, effective July
2018, as available on the board’s website;
(2) For all submissions, the
following materials:
a. A timed outline;
b. Instructor qualification
criteria;
c. Student and instructor
materials; and
d. AQB/IDECC approval letters,
if applicable; and
(3) For qualification
education, the following materials:
a. A sample final exam and
answer key;
b. List of course
prerequisites; and
c. Passing grade requirements.
(b) Course outlines, syllabi, and examinations
shall be reviewed by the board or board staff for appraisal content and
approved if the instruction indicated conforms to the AQB.
(c) The board shall grant the waiver from AQB
approval for good cause, the course provider shall submit to the board a
completed “Request for Course Approval” form, effective July 2018.
(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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13;
ss by #12689, eff 12-18-18
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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 2 years prior to the submission of the
application.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 303.04 Examination
Deadlines. A new applicant not
currently licensed or certified in another jurisdiction, shall have up to 24
months, after approval by the OPLC, 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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (formerly Rab 303.05)
(see Revision Note at chapter heading for Rab 300)
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, as specified in Rab 301,
and pays the required fees; and
(2) The person is listed as
being active and AQB compliant in the Appraisal Subcommittee’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
Uniform Consent to Service of Process” form as required by
(2) A photocopy or similar
evidence of the current out-of-state license or certificate held that clearly
displays:
a. The name of the holder;
b. The license or certificate
number, and
c. Applicable expiration dates.
(c) A license or certificate shall be issued if
the applicant meets all requirements of this section.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13;
ss by #10369, INTERIM, eff 6-27-13, EXPIRES: 12-24-13; ss by #10418, eff
9-24-13; ss by #12689, eff 12-18-18
PART
Rab 305 APPRENTICE CLASSIFICATION
Rab 305.01 Responsibilities
of Apprentice.
(a) The holder of an
apprentice classification document issued by the OPLC 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 that they agree to perform the responsibilities of
a supervisor set forth in Rab 305.02 shall be accepted by the OPLC as a
supervising appraiser.
(b) Prior to
commencing any work as an apprentice, the holder of an apprentice
classification shall inform the OPLC 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 OPLC 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 OPLC 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 the
OPLC;
(3) When performing appraisal assignments, the
apprentice shall carry on their person the classification document issued by
the OPLC 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 OPLC. However, the OPLC 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.
Source. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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 OPLC that they agree 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 supervisory appraiser 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. Ensuring the apprentice appraiser
demonstrates that they have sufficient geographic competence to appraise the
subject property;
(2) The supervisory
appraiser shall, at least once a month, sign the log required to be kept by the
apprentice pursuant to Rab 305.03;
(3) The supervisory
appraiser shall set forth on the signed log their certification number;
(4) The supervisory
appraiser 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 supervisory
appraiser shall immediately notify the OPLC, in writing, in
the event that they cease to perform the responsibilities set forth in
this section;
(6) The supervisory
appraiser shall complete an AQB approved course specifically oriented to the
responsibilities of supervisory appraiser and apprentices commencing on and
after January 1, 2015; and
(7) The supervisory
appraiser 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 they do not sign the appraisal report.
(d)
A supervisory appraiser shall be a New Hampshire certified appraiser in
good standing for the preceding 3 years in any jurisdiction in which they hold
licensure or certification, with a minimum of 3 years’ experience as a New
Hampshire 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 appraiser’s eligibility to practice and that results
in prohibitions of supervision; and
(3) The appraiser’s
certificate or license is not suspended or revoked.
(f)
No supervisory appraiser shall supervise more than 3 apprentices at one
time.
Source. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13;
amd by #10659, eff 8-23-14; amd
by #10856, eff 6-23-15; EXPIRED: 2-2-23 in (a)-(c) and (f) and subparagraph
(e)(3); ss by #13967, eff 7-16-24 (see Revision Note at chapter heading for Rab
300)
Rab 305.03 Real Estate
Appraiser Apprentice Log for Traditional Model.
(a) The apprentice and supervisory appraiser shall maintain
the “Experience Log” jointly and ensure it is accurate, current, and complies
with the requirements of the apprentice appraiser’s credentialing requirements.
(b) The “Experience Log” shall include each
appraisal assignment in which the apprentice participates and include at least the following:
(1) The date of the appraisal report was signed;
(2) File number, or other reference
information used by the applicant to retrieve the appraisal;
(3) The type of appraisal report performed;
(4) The address of the appraised property;
(5) Name of the client;
(6) A description of work performed;
(7) The number of actual work hours by the
apprentice on the assignment; and
(8) The signature and certification number of the
supervisory appraiser. If applicable,
separate appraisal logs shall be maintained for each supervising appraiser.
(c) The apprentice shall set forth within the
“Experience Log”, for each assignment, information indicating whether the
apprentice was involved in obtaining, calculating, or preparing the following:
(1) Land or 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.
Source. #6958, eff
3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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, plus $25.00 per appraiser who
performed an appraisal for the company on a covered transaction within New
Hampshire in the last year;
(f) The renewal fee for registration of appraisal
management companies shall be $800.00 per year, plus $25.00 per appraiser who
performed an appraisal for the company on a covered transaction within New
Hampshire in the last year;
(g) The temporary permit practice fee shall be
$250.00;
(h) The biennial renewal fee for a license or
certification shall be $250.00, 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;
(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; and
(k) The fee for rosters showing names,
classification, and place of business of all real estate appraisers licensed or
certified under this chapter shall be $25.00.
Source. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #9551, eff 9-22-09;
ss by #10270, eff 2-2-13; amd by #10335, eff 5-9-13;
ss by #12689, eff 12-18-18; ss by #12826, eff 7-18-19
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
Source. #10270, eff 2-2-13; ss by #12689, eff
12-18-18
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.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 307.03 Issuance
of Temporary Practice Permit. The
OPLC 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.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 307.04 Temporary Practice Permits.
(a) A temporary practice permit shall confer on
the appraiser to whom it is 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
(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.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; ss by #12689, eff 12-18-18
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.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
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 Plc 1002.44.
(b)
Within 5 business days of its receipt of the materials described
in and submitted pursuant to (a) above, the OPLC 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.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab 307.07 Application
Form. The applicant shall complete
and submit the following applications to be considered for a temporary license:
(a) The “Universal
Application for Initial Licensure” required by Plc 304.01(a)(1); and
(b) The “Real Estate
Appraisers Addendum to the Universal Application for Initial Licensure for
Temporary Permit” requiring the following information:
(1) List all names the applicant has been known
by;
(2) The name of the applicant’s client;
(3) The name of the contact person for the
client;
(4) The addresses, including city, county, and
state, of the properties to be appraised;
(5) The types, whether industrial building, farmland, or the like, of the properties to be
appraised;
(6) Whether the properties to be appraised are
part of a federally-related transaction;
(7) Whether the appraisals sought to be permitted
are under a single contract with a single client; and
(8) The estimated time required to complete the
applicant’s assignment.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13967, eff 7-16-24 (see Revision Note at
chapter heading for Rab 300)
Rab
307.08 Documents Required to
Accompany Application Form. The
following documents shall be submitted with the completed “Application for
Licensure/Certification as a Real Estate Appraiser” form, as specified in Rab
301:
(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; and
(d) A fully executed irrevocable consent for
service of process as required pursuant to RSA 310-B:11, I.
Source. #7648, eff 2-20-02; ss by #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; amd by #10418, eff 9-24-13;
ss by #12689, eff 12-18-18
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 310-B:12-b through RSA 310-B:12-u.
(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
OPLC 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, on the “Appraisal
Management Company (AMC) Application” supplied by the OPLC the following
information:
(1) AMC’s name as filed
with the secretary of state’s office;
(2) AMC’s New Hampshire license number, if
applicable;
(3) Names under which the company is doing
business in any other state, if applicable;
(4) The company’s business addresses;
(5) The contact person’s full legal name, email
address, and telephone numbers;
(6) The employer identification number (EIN);
(7) The name and address of the company’s agent
if the person is not a corporation that is domiciled in this state;
(8) Yes or no to the question “Is the AMC located
in New Hampshire?”;
(9) Yes or no to the questions “Is the AMC owned
by a federally regulated depository institution?”;
(10) Yes or no to the question “Is the company a
single state company?”
(11) Yes or no to the question “Is the company a
multi-state company?”;
(12) Name, address, and email address of one
controlling person designated as the main contact for all communication between
the AMC and the board;
(13) The names, and addresses, of any individual,
corporation, partnership, or other business entity that owns 10 percent or more
of the AMC;
(14) If a company is wholly owned by another
corporation list names and titles of the CEO or head of the AMC and the
corporation, partnership, or other business entity they represent;
(15) Indicate yes or no to the following:
a. “Does the AMC require an appraiser completing
appraisals at its request to comply with USPAP including the requirements for
geographic and product competence?”;
b. “The AMC is not owned and does not 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?
If no, was the license or certificate reinstated?”;
c. “Does the AMC have an owner holding more than
10 percent of the entity 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. “Will the AMC maintain a detailed record of
each service request that it receives and the appraiser that performs the
residential real estate appraisal services for the AMC?”;
e. “Will the AMC have a system and process in
place to verify that an individual being added to the appraiser panel of the
AMC holds a license in good standing in this state?”;
f. “Does the AMC have a system in place to
verify that only licensed or certified appraisers are used for federally
related transactions?”;
g. “The AMC 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.”;
h. “Has the AMC ever has been subject to any
disciplinary action taken by any other real estate appraisal licensing entity
and, if yes, attach a detailed description of any and all action(s)?”;
i. “Has the entity
for which the application is submitted ever been convicted of a crime and, if
yes, attach a detailed description of such conviction and copies of relevant
court documents?”;
j. “Does the AMC for which the application is
submitted have any criminal charges pending in any jurisdiction or country and,
if yes, attach a detailed description of the charges including copies of the
charging documents.”;
k. “I give permission to the board or OPLC to
examine books and records and will provide such records upon request.”
l. “I will only employ appraisers duly certified or licensed by the OPLC to perform appraisals within the state, and I will
verify such licensure prior to issuing an appraisal assignment.”;
(16) The applicant’s dated signature below the
following statement:
“I attest that the information contained in this form is true and
accurate to the best of my knowledge and belief and acknowledge that the
provision of false information in the application is a basis for disciplinary
action by the board.”; and
(17) The application fee required by Plc 1002.44.
(e) Each applicant shall complete and submit the
“Appraisal Management Company (AMC) National Registry Eligibility and Fee
Calculation Sheet” providing the following information:
(1) Name;
(2) Business address;
(3) Business telephone number;
(4) E-mail address of the business;
(5) Employer identification number;
(6) Indicate whether the employer is a single
state company or a multi-state company;
(7) Answer yes or no to the following questions:
a. “Does the AMC oversee a
panel of 16 or more certified or licensed appraisers in only this state within
a given year that have been recruited, selected, and retained to perform
appraisals in connection with a covered transaction?”;
b. “Does the AMC oversee a
panel of 25 or more certified or licensed appraisers in more than one state
within a given year that have been recruited, selected, and retained to perform
appraisals in connection with a covered transaction?”;
c. “Is this a federally
regulated AMC?”;
d. “Does the AMC have any
owner, in whole or in part, directly or indirectly, that has had an appraiser
credential refused, denied, cancelled, surrendered in lieu of revocation, or
revoked in any state?”;
e. “Has each credential
referred to in question 4 been reinstated?”; and
f. “Does the AMC have an owner
of 10% or more who:
1. Has been a defendant in any
lawsuit involving claims of gross negligence, fraud, misrepresentation,
mismanagement of funds, conversion, breach of fiduciary duty, breach of
conduct, or deceit?”;
2. “Has been found by any civil
court to have failed to account to a client or customer for money or property
collected for or on behalf of the client or customer”; or
3. “Has been charged with,
indicted for, or convicted of, or entered a plea to, any criminal offense
(felony, gross misdemeanor, or misdemeanor), other than traffic violations, in
any state or federal court?”;
(8) Under the fee calculation indicate the
following:
a. Indicate how many appraisers, on the AMC’s
panel, performed appraisals in connection with a covered transaction in New
Hampshire between the period of October 1st of the previous year and
September 30th of the current year; and
b. Times the total number calculated in a. above
by $25.00 and that is the total amount due with the “Appraisal Management
Company (AMC) Application”; and
(9) The controlling person shall sign and date
the form under the following statement:
I, ___________________________ (Print Name of
Designed Controlling Person) attest that the panelist information reported on
this document is true and correct to the best of my knowledge and belief and
acknowledge that the provision of false information in the application is a
basis for disciplinary action by the board.
(f) If the appraisal management company is not
domiciled in New Hampshire, then it will need to complete and submit an
irrevocable uniform consent to service of process, described in Rab 301.02(h).
(g) The applicant shall submit the application fee
required by Plc 1002.44.
(h) Each individual who owns 10 percent or more
of the appraisal management company 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.
(i) Applicants for
appraisal management company registration shall be of good moral character, as
evidenced by:
(1) The past disciplinary history with this board
of any individual that owns 10% or more of the appraisal management
company. If the appraisal management
company is wholly owned by another company, the past disciplinary history of
the CEO or head of that company;
(2) The answers to questions Rab 308.01(d)(15),
as provided on the “Appraisal Management Company (AMC) Application” form; and
(3) Any criminal offender record reports obtained
pursuant to (e) above.
Source. #10270, eff 2-2-13; amd
by #12689, eff 12-18-18; ss by #12826, eff 7-18-19; ss by #13967, eff 7-16-24
(see Revision Note at chapter heading for Rab 300)
CHAPTER
Rab 400 CONTINUED STATUS
PART Rab 401 RENEWALS
Rab 401.01 Renewal
Requirements.
(a) Pursuant to RSA
310-A:1-h, licenses and certificates issued by the board shall expire
biennially on the last day of the month 2
years from the date of issuance.
(b) Biennially, the
board shall issue a license upon receipt of the completed 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 the
“Real Estate Appraiser Renewal Form” described in Rab 401.02;
(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 Plc 1002.44 with the application for renewal.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 401.02 Renewal Application. The applicant shall supply the following on
or with the “Real Estate Appraiser Renewal Form” for license renewal:
(a)
The applicant’s full name;
(b)
The applicant’s mailing address, electronic address, home phone number,
and work phone number;
(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)
A statement indicating that the applicant has complied with the
continuing education requirements of Rab 403;
(e)
A log showing the type and date of continuing education activity
claimed, course name, sponsoring provider, and continuing education earned;
(f)
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;
(g)
A statement indicating any disciplinary or legal action brought against
the applicant by any appraiser board of licensing authority since the last
renewal or not previously disclosed to the board;
(h)
A statement indicating that the applicant has adhered to the ethical and
professional standards of Rab 500;
(i) Acknowledgment that the provision of
materially false information in the application knowingly provided shall be a
basis for denial;
(j)
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;
(k)
The applicant’s signature under the following
statement:
“I state the information provided is accurate to the best
of my knowledge and belief. I understand
knowingly providing false information may be grounds for denial, probation,
reprimand, suspension, revocation of a license (RSA
326-B:12) and may be grounds for conviction of a misdemeanor (RSA 641:3).”;
and
(l)
The application fee specified in Plc 1002.44.
Source. #10270, eff 2-2-13; ss by #12689, eff
12-18-18; ss by #13968, eff 5-18-24
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 30
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.
Source. #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 401.04 Appraisal Management Company Renewal. Appraisal management company registrations
shall expire on the last day of the month 2 years from the date of
issuance. A renewal notification shall
be sent to all registered appraisal management companies at least 60 days prior
to expiration.
Source. #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 401.05 Appraisal
Management Company Renewal Application.
Each applicant for annual renewal of the appraisal management company
registration shall provide the completed “Appraisal Management Company (AMC)
Application for Practice in New Hampshire” required pursuant to Rab 308.01 (d).
Source. #10270, eff 2-2-13, EXPIRED: 2-2-23
New. #13968, eff 5-18-24
PART
Rab 402 revocation, suspension,
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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 the 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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 402.01), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 402.03 Revocation.
(a) “Revocation”
means the termination 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 themselves 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.
Source. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 402.02), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 apply 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
themselves 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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 402.03), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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, pursuant to RSA 310-B:18,
III(f).
(e) A single course
of continuing conduct shall be treated as a single violation for purposes of
Rab 402.05 (c).
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 402.04), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 alleged offense, stating the amount of the assessed fine, and
notifying the alleged offender that they 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 hearing shall 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.
Source. #10270, eff 2-2-13 (from Rab 402.05),
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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.
Source. #10270, eff 2-2-13 (from Rab 402.05), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 are to ensure that the appraiser
participates in a program that maintains and increases their skill, knowledge,
and competency in real estate appraising.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 403.02 Specific
Renewal Requirements.
(a) 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.
(b) 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.
(c) 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.
(d) The board shall
accept continuing education credit awarded in accordance with USPAP 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.
(e) Continuing
education credit shall not be recognized for any repeat program attended or
completed within an appraiser’s 2 year continuing
education cycle.
(f) Instructors under
(d) above shall meet the requirements established by the AQB in “The Real
Property Appraiser Qualification Criteria and Interpretations of the Criteria”
1/2022 Edition, and these rules.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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;
q. Business value; and
r. Fair housing and valuation bias.
(b)
No more than one half of an individual’s continuing education
requirement shall be granted for:
(1) Participation, other than
as a student, in appraisal educational processes and programs including acting
as a training supervisor or trainer for an apprentice or trainee appraiser;
(2) Instructing any given
course or seminar shall be awarded only once during a continuing education
cycle; or
(3) Other approved activities
such as:
a. Teaching;
b. Program development;
c. Authoring of textbook(s); or
d. Serving on a licensing
board.
(c)
Each hour of actual attendance at a continuing education activity
described in (b) above shall count for one hour of continuing education as
required by Rab 403.
(d)
Educational offerings taken by an individual in order
to fulfill the class hour requirement for a different classification
than the individual’s current classification may be simultaneously counted
towards the continuing education requirement of their current classification.
(e)
The board shall accept a certificate showing successful completion of a
course and, if applicable, the confirmation shall show the score obtained on
the final examination. An acceptable
certificate shall state at a minimum, the student’s name, the course name, the
name of the provider, the completion date, and the class hours awarded.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 at least 4 years.
Such documentation shall be made available to the
board for random audit or verification purposes. Documentation shall support
continuing education class 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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13,
EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 403.04), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 403.06 Distance Education. Distance education activities shall include a verifiable
written proctored examination which tests the licensee’s comprehension of the
content of that course or program.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 403.05), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 class 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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 403.06), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 403.08 Additional
Standards for Approval of Distance Education Courses.
(a) A distance
education course that meets the requirements pursuant to Rab 403.07 and is
approved by the AQB shall be approved by the board.
(b) A synchronous
course meeting the requirements set forth in Rab 403.07 but is not AQB approved
shall be approved by the board if it satisfies all the requirements set forth
in Rab 403.07.
(c) An approved
distance education course or 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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13
(from Rab 403.07), EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 pursuant to RSA
310-B:15, II.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13 EXPIRED:
2-2-23
New. #13968, eff 5-18-24
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 USPAP 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.
Source. #9018, eff 11-1-07; ss by #10270, eff 2-2-13;
ss by #10270, eff 2-2-13 EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 they intend to
surrender their license.
Source. #10270, eff 2-2-13; EXPIRED: 2-2-23
New. #13968, eff 5-18-24
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 voluntary
surrender shall have the burden of proving compliance with all
of the requirements then in effect for new applicants, including
professional character requirements.
(b) Surrender or
non-renewal of a license shall not preclude the board from investigating or
completing a disciplinary proceeding based upon the licensee’s professional
conduct while the license was still in effect.
Such investigations and proceedings shall be handled in the same manner
as other disciplinary investigations and proceedings.
Source. #10270, eff 2-2-13; EXPIRED: 2-2-23
New. #13968, eff 5-18-24
Rab 405.03 Voluntary
Surrender When Misconduct Allegations are Pending.
(a) A licensee who wishes to surrender their
license as part of a settlement of pending misconduct allegations shall make a
written settlement offer to the board before the close
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
declined to disclose material information concerning the alleged misconduct or
has refused to stipulate to specific material facts concerning the alleged
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 in the same manner as a final decision containing specific finding of professional misconduct.
Source. #10270, eff 2-2-13; EXPIRED: 2-2-23
New. #13968, eff 5-18-24
CHAPTER Rab 500 ETHICAL STANDARDS
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 Uniform Standards of Professional Appraisal Practice (USPAP) by
which all licensed and certified real estate appraisers shall abide.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13;
ss by #13785, eff 12-19-23
Rab 501.02 Obligation To
Obey.
(a)
The ethical requirements set forth in this part shall bind all
apprentice, licensed, or certified real estate appraisers or appraisal
management companies, and violation of any such requirements 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 the code of ethics described in Rab 501.03 and shall
abide by their 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.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss by #10270, eff 2-2-13; ss by #13785, eff 12-19-23
Rab 501.03 Uniform Code of Ethics. An appraiser shall remain informed and abide
by the USPAP ethical and professional conduct standards in effect at the time of the appraisal assignment.
Source. #10270, eff
2-2-13 (from Rab 501.02); ; ss by #13785, eff 12-19-23
APPENDIX A: Incorporation by Reference Information
|
Rule |
Title |
Obtain at: |
|
Rab 302.01 (a) Rab 302.02 (a) (1) Rab 302.15 Rab 403.02(e) |
The Real Property Appraisal
Qualifications Criteria and Interpretations of the Criteria, revised January
2022 |
The Appraisal Foundation, 1155 15th Street NW, Suite
1111, Washington, DC 20005. Telephone (202)347-7722. Downloadable version is free online at https://appraisalfoundation.sharefile.com/share/view/s63f99dc2b9f2 |
APPENDIX
B
|
Rule |
Specific State Statute which the Rule
Implements |
|
|
|
|
|
|
Rab
301 |
RSA
310-b:5 and RSA 310-b:24, 1 |
|
|
Rab
301.01-301.02 |
RSA
310-B:5, RSA 310-B:6, RSA 310-B:20; RSA 310-B:24,I; 12 USC 3338 |
|
|
Rab
301.03 |
RSA
310-B:5, RSA 310-B:6, I (a) |
|
|
Rab
301.04 |
RSA
310-B:20; RSA 310-B:5, RSA 310-B:24, I |
|
|
Rab
302.01 – Rab 302.02 |
RSA
310-B:9 |
|
|
Rab
302.03 |
RSA
310-B:9, RSA 310-B:24, I, 12 U.S.C. 3345 |
|
|
Rab
302.04 – Rab 302.08 |
RSA
310-B:9 |
|
|
Rab
302.09 |
RSA
310-B:8; RSA 310-B:24, VII |
|
|
Rab
302.10 – Rab 302.17 |
RSA
310-B:8; RSA 310-B:24, VII |
|
|
Rab
303 |
RSA
310-B:7; RSA 310-B:24, III |
|
|
Rab
305 |
RSA
310-B:6, I(a) |
|
|
Rab
305.02 (d) |
RSA
310-B:6, I(a), 12 U.S.C. 3345 |
|
|
Rab
305.02 (e) intro., (1) and (2) |
RSA
310-B:6, I(a), 12 U.S.C. 3345 |
|
|
Rab
307.01-Rab 307.03 and Rab
307.05-Rab 207.07 |
RSA
310-B:12-a, RSA 310-B:24, I-a, |
|
|
RSA
310-B:12-b; RSA 310-B:12-n; RSA 310-B:24, VII-a; 12
U.S.C. 3338 |
|
|
|
Rab
401 |
RSA
310-B:5; RSA 310-B:10; RSA 310-B:12-b, III; RSA 310-B:12-b, IV; RSA
310-B:12-e, II; RSA 310-B:12-n (c); RSA 310-B:13; RSA 310:8, II |
|
|
Rab
402 |
RSA
310-B:18 |
|
|
Rab
403 |
RSA
310-B:14 |
|
|
Rab
404.01 |
RSA
310-B:15 |
|
|
Rab
404.02 |
RSA
310-B:18-a |
|
|
Rab
405.01 - Rab 405.03 |
RSA
310-B:24, VII |
|
|
Rab
500 |
RSA
310-B:18-a |
|