NEW HAMPSHIRE
REAL ESTATE
APPRAISER BOARD
121 South Fruit
Street
Concord, New
Hampshire 03301
(603) 271-2219
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 |
|