TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 310-A
OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Section 310-A:1

    310-A:1 Office of Professional Licensure and Certification; Purpose. – The purpose of the office of professional licensure and certification is to promote efficiency and economy in the administration of the business processing, recordkeeping, and other administrative and clerical operations of professional licensing and certification boards, including both professional healthcare licensing and professional technical licensing. The individual licensing and certification boards that are organized under the office of professional licensure and certification have specialized knowledge and experience and are separate and distinct for the purpose of regulating their various professions. Notwithstanding the unique regulatory role of each board, the legislature finds that there are opportunities for improving efficiency and customer service by providing for the joint administration of the boards' administrative, clerical, business processing, and recordkeeping functions. Except as provided in this section, the licensing and certification boards and entities organized under the office of professional licensure and certification shall exercise the powers, duties, functions, and responsibilities granted by statute.

Source. 1981, 485:1. 1988, 281:3. 1990, 166:2. 1995, 284:57. 2000, 297:2. 2006, 246:2. 2007, 300:5. 2008, 339:2. 2011, 224:99. 2012, 237:1, eff. June 4, 2013. 2015, 276:45, eff. July 1, 2015.

Section 310-A:1-a

    310-A:1-a Office of Professional Licensure and Certification; Division of Licensing and Board Administration and Division of Enforcement Established. –
There shall be an office of professional licensure and certification that shall consist of the division of licensing and board administration and the division of enforcement.
I. The office of professional licensure and certification shall consist of each of the boards, councils, and commissions of:
(a) Professional engineers under RSA 310-A:3.
(b) Architects under RSA 310-A:29.
(c) Land surveyors under RSA 310-A:55.
(d) Natural scientists under RSA 310-A:81.
(e) Foresters under RSA 310-A:100.
(f) Professional geologists under RSA 310-A:120.
(g) Landscape architects under RSA 310-A:142.
(h) Court reporters under RSA 310-A:163.
(i) Home inspectors under RSA 310-A:186.
(j) Accountants under RSA 309-B:4.
(k) Manufactured housing installers under RSA 205-D:2.
(l) Real estate appraisers under RSA 310-B:4.
(m) Electricians under RSA 319-C:4.
(n) Board of manufactured housing under RSA 205-A:25.
(o) Guardians ad litem under RSA 490-C:1.
(p) Family mediators under RSA 328-C:4.
(q) Real estate commission under RSA 331-A:5.
(r) Septic system evaluators under RSA 310-A:206.
(s) Examiners of nursing home administrators under RSA 151-A:3.
(t) Podiatry under RSA 315:1.
(u) Chiropractic examiners under RSA 316-A:2.
(v) Dental examiners under RSA 317-A:2.
(w) Registration of funeral directors and embalmers under RSA 325:2.
(x) Midwifery council under RSA 326-D:3.
(y) Licensed dietitians under RSA 326-H:7.
(z) Optometry under RSA 327:2.
(aa) Naturopathic board of examiners under RSA 328-E:7.
(bb) Licensed allied health professionals under RSA 328-F:3.
(cc) Acupuncture licensing under RSA 328-G:3.
(dd) Psychologists under RSA 329-B:3.
(ee) Mental health practice under RSA 330-A:3.
(ff) Licensing for alcohol and other drug use professionals under RSA 330-C:3.
(gg) Electrologists under RSA 314:2-a.
(hh) Body art practitioners under RSA 314-A.
(ii) Ophthalmic dispensers under RSA 327-A:2.
(jj) Reflexology, structural integrators, and Asian bodywork therapists under RSA 328-H:6.
(kk) Massage therapists under RSA 328-B:5.
(ll) Medicine under RSA 329:2.
(mm) Nursing under RSA 326-B:3 and nursing assistant registry under RSA 326-B:26.
(nn) Pharmacy under RSA 318:2.
(oo) Barbering, cosmetology, and esthetics under RSA 313-A:2.
(pp) Medical technicians under RSA 328-I:2.
(qq) Medical imaging and radiation therapists under RSA 328-J:1.
(rr) Board of veterinary medicine under RSA 332-B.
(ss) Mechanical licensing board under RSA 153:27-a.
II. Administrative rules adopted pursuant to RSA 541-A governing the licensing boards, commissions, and councils set forth in paragraph I shall remain in effect until amended, expired, or repealed.

Source. 2011, 224:329, eff. July 1, 2011. 2015, 276:45, eff. July 1, 2015. 2016, 54:1, eff. July 1, 2016; 266:1, eff. Jan. 1, 2017. 2017, 144:1, eff. Aug. 15, 2017. 2021, 91:76, eff. July 1, 2021.

Section 310-A:1-b

    310-A:1-b Executive Director of the Office of Professional Licensure and Certification. –
I. The position of executive director of the office of professional licensure and certification shall be an unclassified employee of the state. The executive director shall be qualified by reason of professional competence, education, and experience. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
II. The current executive director of the joint board of licensure and certification shall become the first executive director of the office of professional licensure and certification, with a 4-year term beginning on July 1, 2015. Upon expiration of the term, or upon an earlier resignation, the governor shall appoint or re-appoint, with advice of council, an executive director for a 4-year term.
III. The salary of the executive director of the office of professional licensure and certification shall be as specified in RSA 94:1-a. The salary of the executive director shall be determined after assessment and review of the appropriate temporary letter grade allocation for the position for inclusion in RSA 94:1-a, I(b), which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
IV. The governor is hereby authorized to transfer such funds appropriated to the boards, councils and committees identified in RSA 310-A:1-a as are necessary to pay the salary and benefits of the executive director.

Source. 2015, 276:46, eff. July 1, 2015.

Section 310-A:1-c

    310-A:1-c Division Directors; Pharmacy Compliance Investigators. –
I. There is established in the office of professional licensure and certification 2 unclassified directors: The director of the division of licensing and board administration and director of the division of enforcement. Each director shall be qualified to hold that position by reason of education and experience and shall perform such duties as the executive director from time to time may authorize.
II. The executive director shall nominate for appointment by the governor, with the consent of the council, each unclassified division director, each of whom shall serve for a term of 4 years.
III. There are established in the office of professional licensure and certification the unclassified position of chief pharmacy compliance investigator and 2 unclassified pharmacy investigator positions. Each investigator shall be qualified for the position by reason of education and experience, shall be nominated by the executive director for appointment by the governor and council, and shall serve at the pleasure of the executive director. The chief pharmacy compliance investigator shall oversee pharmacy compliance and investigations, shall supervise the pharmacy compliance investigators, and shall perform such duties as the executive director from time to time may authorize.

Source. 2015, 276:46, eff. July 1, 2015. 2019, 346:247, eff. July 1, 2019. 2021, 91:79, eff. July 1, 2021.

Section 310-A:1-d

    310-A:1-d Administration of the Office of Professional Licensure and Certification. –
I. The office of professional licensure and certification shall operate under the supervision of the executive director appointed under RSA 310-A:1-b. The office may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures for any purpose which are reasonably necessary, according to the executive director, for the proper performance of its duties under this chapter. The office may contract for the services of investigators, hearing officers, legal counsel and experts as necessary and in consultation with the appropriate board, council, or commission.
II. The executive director of the office of professional licensure and certification shall be responsible for:
(a) Supervision of the division directors;
(b) The performance of the administrative, clerical, and business processing responsibilities of the boards, commissions, and councils;
(c) Employment of such personnel needed to carry out the functions of the boards;
(d) The issuance of a license or certification to any applicant who has met the requirements for licensure or certification and denying a license or certification to applicants who do not meet the minimum qualifications;
(e) Maintenance of the official record of all applicants and licensees in accordance with the retention policy established by the office of professional licensure and certification;
(f) Supervision, coordination, and assistance to the boards, commissions, and councils in rulemaking, pursuant to RSA 541-A;
(g) Maintaining the confidentiality of information, documents, and files in accordance with RSA 91-A;
(h) Establishing by rule, pursuant to RSA 541-A:
(1) All fees authorized by statute for all boards, commissions, councils, and programs within the office of professional licensure and certification, in consultation with the affected boards, commissions, and councils on a biennial basis in conjunction with the preparation of the biennial budget;
(2) Such organizational and procedural rules necessary to administer the boards, commissions, councils, and programs in the office of professional licensure and certification, including rules governing the administration of complaints and investigations, hearings, disciplinary proceedings, payment processing procedures, and application procedures. The boards shall retain the authority to determine the criteria necessary for licensing applications;
(3) The rate of per diem compensation and reimbursable expenses for all boards, commissions, councils, and programs within the office of professional licensure and certification; and
(4) Rules governing the professionals' health program as set forth in RSA 310-A:1-e; and
(i) Submitting, by November 1, to the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate executive departments and administration committees, and the governor, an annual report summarizing the transactions of the preceding fiscal year and a complete statement of the receipts and expenditures of the office of professional licensure and certification. Such report shall satisfy the requirements for any annual or biennial report imposed by statute on any board, commission, or council administered by the office of professional licensure and certification. The report shall be posted on the website of the office of professional licensure and certification immediately upon submission.
III. Notwithstanding any other provisions of law to the contrary, for the performance of the administrative, clerical, and business processing responsibilities under paragraph II(b), all boards, councils, or commissions shall accept electronic signatures and scans of signed documents in addition to original signatures.
IV. All boards, councils, and commissions may issue standing orders delegating non-discretionary tasks to staff of the office of professional licensure and certification.

Source. 2015, 276:46, eff. July 1, 2015. 2018, 330:1, eff. July 1, 2018. 2020, 25:10, eff. July 20, 2020. 2021, 197:1, eff. July 1, 2021; 205:2, Pt. V, Secs. 2 and 4, eff. Jan. 1, 2022.

Section 310-A:1-e

    310-A:1-e Fees. –
I. (a) The executive director of the office of professional licensure and certification shall assess annual or biennial license, certification, and renewal fees, as well as any necessary administrative fees for each professional regulatory board, council, or commission administered by the office. Such fees shall be sufficient to produce estimated revenues up to 125 percent of the total operating expenses for the office, as determined by averaging the operating expenses for the office for the previous 2 fiscal years.
(b) There is hereby established the office of professional licensure and certification fund into which the fees collected under subparagraph (a) shall be deposited. After paying all costs and salaries associated with the office, moneys in this fund shall lapse to the general fund at the close of each biennium.
I-a. There is hereby established a nonlapsing fund to be known as the New Hampshire health professionals' program administration fund for the administration of the professionals' health program, including the professionals' health program in RSA 329:13-b, the alternative recovery monitoring program in RSA 326-B:36-a, and the impaired pharmacist program set forth in RSA 318:29-a, with a fee charged to licensees per year at the time of licensure renewal for the board of medicine, board of dental examiners, pharmacy board, board of nursing, board of veterinary medicine, board of psychologists, board of chiropractic examiners, board of mental health practice, midwifery council, board of registration in optometry, board of podiatry, licensed dietitians, and board of licensing for alcohol and other drug use professionals, not to exceed 125 percent of the actual cost of providing the services. Other health and technical professions boards may be added to program at the same annual fee per licensee. The moneys in this fund shall be continually appropriated to the office.
II. The rulemaking authority of the boards, commissions, and councils administered by the office of professional licensure and certification relative to fees is hereby transferred to the executive director of the office of professional licensure and certification to adopt such rules establishing fees on behalf of each board, commission, or council. Nothing in this section shall affect the authority of professional regulatory boards, commissions, and councils in the office of professional licensure and certification from exercising the other powers, duties, functions, and responsibilities granted by statute.
III. The office of professional licensure and certification shall be responsible for the financing of any interstate compact joined by the state that affects a profession governed by a board listed in 310-A:1-a. Such financing shall be from money deposited in the office of professional licensure and certification fund.

Source. 2015, 276:46, eff. July 1, 2015. 2018, 330:3, eff. July 1, 2018. 2019, 346:165, eff. June 30, 2019. 2020, 19:1, eff. Sept. 15, 2020. 2021, 91:81, eff. July 1, 2021; 205:2, Pt. IV, Sec. 1, eff. July 1, 2021.

Section 310-A:1-f

    310-A:1-f Temporary Licensing Process; Rulemaking. –
Notwithstanding any other state law to the contrary, the office of professional licensure and certification shall be authorized to issue temporary licenses to out-of-state health care professionals who present evidence of an active license in good standing from another jurisdiction, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A. The rules shall contain the following provisions:
I. Health care professionals shall include those individuals licensed by the boards, councils, and commissions within the office of professional licensure and certification as set forth in RSA 310-A:1-a, who perform specified medical or ancillary services within the scope of his or her authority, as determined by the executive director.
II. The temporary licenses shall be valid for 120 days, or until the board, council, or commission takes action on an application for full licensure, whichever happens first.
III. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

Source. 2020, 25:8, eff. July 20, 2020. 2021, 91:77, eff. July 1, 2021.

Section 310-A:1-g

    310-A:1-g Telemedicine and Telehealth Services. –
I. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
II. "Telehealth" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
III. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.
IV. Notwithstanding any provision of law to the contrary, an out-of-state healthcare professional providing services by means of telemedicine or telehealth shall be required to be licensed, certified, or registered by the appropriate licensing board within the office of professional licensure and certification. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.
V. An individual providing services by means of telemedicine or telehealth directly to a patient shall:
(a) Use the same standard of care as used in an in-person encounter;
(b) Maintain a medical record; and
(c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate.
VI. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.

Source. 2020, 27:12, eff. July 21, 2020. 2021, 91:78, eff. July 1, 2021.

Section 310-A:1-h

    310-A:1-h License Renewals; Lapse. –
I. This section shall apply to the following professions administered by the office of professional licensure and certification:
(a) Body art establishments and booths regulated under RSA 314-A.
(b) Podiatrists regulated under RSA 315.
(c) Chiropractors regulated under RSA 316-A.
(d) Occupational therapist and occupational therapy assistants regulated under RSA 326-C.
(e) Respiratory care practitioners regulated under RSA 326-E.
(f) Speech-language pathologists and speech-language assistants regulated under RSA 326-F.
(g) Athletic trainers regulated under RSA 326-G.
(h) Recreational therapists regulated under RSA 326-J.
(i) Genetic counselors regulated under RSA 326-K.
(j) Physical therapists and physical therapist assistants regulated under RSA 328-A.
(k) Acupuncturists regulated under RSA 328-G.
(l) Veterinarians regulated under RSA 332-B.
II. The executive director of the office of professional licensure and certification shall issue initial licenses meeting the eligibility requirements as defined in statute and rules adopted by each individual board to applicants who have completed the application procedure.
III. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the board has acted on the renewal application. Licenses issued shall expire on the last day of the month in the month the license was issued.
IV. Applicants shall submit completed applications for renewal, the renewal fee, and any supporting documents required for that renewal on or before the last day in the month of renewal. Licenses shall lapse when completed renewal applications, renewal fee, and supporting documents have not been filed by the last day in the month of renewal, and the holders of a lapsed license are not authorized to practice until the licenses have been reinstated.
V. The office of professional licensure and certification shall provide licensees, at least 2 months before the date of expiration of their license, with notice of the need to complete their renewal applications. Failure to receive notice shall not relieve any licensee of the obligation to renew their license, comply with the rules of the boards, or comply with this section. Timeliness of submission of renewal applications shall be evidenced by postmark, for applications delivered by hand the by date stamp or other record made at the time of delivery, or for applications submitted electronically the electronic time stamp of submission.
VI. During the transition of renewing licenses from their original date of renewal to the date of the licensee's month of licensure pursuant to this section the board will prorate the fees. Prorated fees shall not exceed 11 months.
VII. Upon the request of a licensee who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the office of professional licensure and certification shall place the person's license on inactive status. The license may be reactivated within one year of the licensee's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.

Source. 2021, 3:1, eff. June 22, 2021.

Section 310-A:1-i

    310-A:1-i Repealed by 2021, 121:10, I, effective Jan. 31, 2022. –

Section 310-A:1-j

    310-A:1-j Investigations. –
I. Boards, which shall include all boards, councils, and commissions within the office of professional licensure and certification, may authorize an investigation of allegations of misconduct by licensees (a) upon their own initiative or (b) upon written complaint of any person that charges that a person licensed by the board has committed misconduct. When requested by the board, the office shall assign an investigator, who may assist in the investigation.
II. The procedures set forth in RSA 310-A:1-j through RSA 310-A:1-n are supplementary and shall not supplant or supersede any procedures expressly set forth in any board's individual practice act.
III. The following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A:
(a) Complaints received by the office.
(b) Information and records acquired by the office during the investigation.
(c) Reports and records made by the office as a result of its investigation.
IV. For the purpose of carrying out investigations, the executive director is authorized to:
(a) Retain qualified experts.
(b) Conduct inspections of places of business of licensees or certificate holders.
(c) Retain legal counsel when authorized to do so by the attorney general.
(d) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions:
(1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.
(2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service.
(3) Service shall be made on licensees and certified individuals by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.
(4) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees Guaranteed by the New Hampshire Office of Professional Licensure and Certification."
V. The office or the boards, councils, and commissions within the office may disclose information acquired in an investigation to law enforcement, if it involves suspected criminal activity, to health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
VI. Allegations of professional misconduct shall be brought within 5 years from the time the office reasonably could have discovered the act, omission or failure complained of, except that conduct which resulted in a criminal conviction or in a disciplinary action by a relevant licensing authority in another jurisdiction may be considered by the board without time limitation in making licensing or disciplinary decisions if the conduct would otherwise be a ground for discipline. The board may also consider licensee conduct without time limitation when the ultimate issue before the board involves a pattern of conduct or the cumulative effect of conduct which becomes apparent as a result of conduct which has occurred within the 5-year limitation period prescribed by this paragraph.
VII. Each board, council, or commission may dismiss a complaint if the allegations do not state a claim of professional misconduct.

Source. 2021, 205:2, Pt. V, Sec. 3, eff. Jan. 1, 2022.

Section 310-A:1-k

    310-A:1-k Disciplinary Proceedings; Remedial Proceedings. –
I. Boards, which shall include all boards, councils, and commissions within the office of professional licensure and certification, are authorized to conduct disciplinary proceedings in accordance with procedural rules adopted by the executive director.
II. For the purpose of carrying out disciplinary proceedings, each board, council, or commission is authorized to issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions:
(a) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.
(b) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service.
(c) Service shall be made on licensees and certified individuals by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.
(d) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees Guaranteed by the New Hampshire Office of Professional Licensure and Certification."
III. At any time before or during disciplinary proceedings, complaints may be dismissed or disposed of, in whole or in part, by written settlement agreement approved by the board and the licensees or certified individuals involved, provided that any complainant shall have the opportunity, before the settlement agreement has been executed, to comment on the terms of the proposed settlement. The board, council, or commission may hold a settlement agreement hearing prior to its approval of the settlement agreement.
IV. Final board actions having the effect of terminating disciplinary proceedings, whether taken before, during or after the completion of the proceedings, shall be set forth in a written record that shall be available to the public after service upon the licensees or certified individuals involved.
V. In carrying out disciplinary or licensing proceedings, each board shall have the authority to:
(a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A.
(b) Appoint a board member or other qualified person as presiding officer.
(c) Administer, and authorize an appointed presiding officer to administer, oaths and affirmations.
VI. Neither the office nor the boards, councils, and commissions shall have an obligation or authority to appoint or pay the fees of attorneys representing licensees, certified individuals, or witnesses during investigations or adjudicatory proceedings.
VII. Boards, councils, and commissions may take non-disciplinary remedial action against any person licensed by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding after notice and an opportunity for a hearing, the board, council, or commission may take non-disciplinary remedial action:
(a) By suspension, limitation, or restriction of a license for a period of time as determined reasonable by the board.
(b) By revocation of license.
(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.
VIII. All proceedings for non-disciplinary remedial action shall be exempt from the provisions of RSA 91-A, except that the board may disclose any final remedial action that affects the status of a license, including any non-disciplinary restrictions imposed.

Source. 2021, 205:2, Pt. V, Sec. 3, eff. Jan. 1, 2022.

Section 310-A:1-l

    310-A:1-l Hearings, Decisions and Appeals. –
I. Disciplinary proceedings shall be open to the public, except upon order by the board, council, or commission upon good cause shown. The public docket file for each such proceeding shall be retained in accordance with the retention policy established by the office of professional licensure and certification.
II. Notwithstanding any other provision of law, allegations of misconduct or lack of professional qualifications that are not settled shall be heard by the board, council, or commission, or a panel of the board, council, or commission with a minimum of 3 members appointed by the chair of the board or other designee. Any member of the board, or other person qualified to act as presiding officer and duly designated by the board, shall have the authority to preside at such hearing and to issue oaths or affirmations to witnesses, rule on evidentiary and other procedural matters, and prepare a recommended decision. In the case of a hearing before a panel, the presiding officer shall prepare a recommended decision for the board, council, or commission, which shall determine sanctions.
III. Except as otherwise provided by RSA 541-A:30, the board, council, or commission shall furnish the respondent and the complainant, if any, at least 15 days' written notice of the date, time and place of a hearing. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party.
IV. In disciplinary and licensing proceedings, the presiding officer may hold prehearing conferences that are closed to the public and exempt from the provisions of RSA 91-A until such time as a public evidentiary hearing is convened. In all instances, settlement discussions engaged in by the parties at prehearing conferences may be conducted off the record.
V. The board, council, or commission may dispose of issues or allegations at any time during an investigation or disciplinary proceeding by approving a settlement agreement or issuing a consent order or an order of dismissal for default or failure to state a proper basis for disciplinary action. Disciplinary action taken by the board at any stage of a proceeding, and any dispositive action taken after the issuance of a public hearing notice, shall be reduced to writing and made available to the public. Such decisions shall not be public until they are served upon the parties.
VI. No civil action shall be maintained against the board or any member of the board or its agents or employees, against any organization or its members, or against any other person for or by reason of any statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.

Source. 2021, 205:2, Pt. V, Sec. 3, eff. Jan. 1, 2022.

Section 310-A:1-m

    310-A:1-m Penalties. –
I. Upon making an affirmative finding that a licensee or certificate holder has committed professional misconduct, boards, which shall include all boards, councils, and commissions within the office of professional licensure and certification, may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension of a license or certificate for a period of time as determined reasonable by the board.
(c) By revocation of license.
(d) By placing the licensee or certificate holder on probationary status. The board may require the person to submit to any of the following:
(1) Regular reporting to the board concerning the matters which are the basis of the probation.
(2) Continuing professional education until a satisfactory degree of skill has been achieved in those areas which are the basis of probation.
(3) Submitting to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board.
(4) Practicing under the direct supervision of another licensee for a period of time specified by the board.
(e) By assessing administrative fines in amounts established by the board which shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.
II. The board may issue a non-disciplinary confidential letter of concern to a licensee advising that while there is insufficient evidence to support disciplinary action, the board believes the licensee or certificate holder should modify or eliminate certain practices, and that continuation of the activities which led to the information being submitted to the board may result in action against the licensee's license. This letter shall not be released to the public or any other licensing authority, except that the letter may be used as evidence in subsequent adjudicatory proceedings by the board.
III. In the case of sanctions for discipline in another jurisdiction, the decision of the other jurisdiction's disciplinary authority may not be collaterally attacked and the board may impose any of the sanctions set forth in this chapter, but shall provide notice and an opportunity to be heard prior to imposing any sanctions.
IV. In cases involving imminent danger to life or health, a board may order suspension of a license or certification pending hearing for a period of no more than 10 business days, unless the licensee or certified individual agrees in writing to a longer period. In such cases, the board shall comply with RSA 541-A:30.
V. Any person whose license has been suspended or revoked by the board may apply to the board, in writing, to request a hearing for reinstatement. Upon a hearing, the board may issue a new license or modify the suspension or revocation of the license.
VI. For any order issued in resolution of a disciplinary proceeding by the board, where the board has found misconduct sufficient to support disciplinary action, the board may require the licensee or certificate holder who is the subject of such finding to pay the office a sum not to exceed the reasonable cost of investigation and prosecution of the proceeding. This sum shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. The investigative and prosecution costs shall be assessed by the board and any sums recovered shall be credited to the office's fund and disbursed by the office for any future investigations of complaints and activities that violate this chapter or rules adopted under this chapter.
VII. When an investigation of a complaint is determined to be unfounded, the board shall dismiss the complaint and explain in writing to the complainant and the licensee or certificate holder its reason for dismissing the complaint. After six years, the board may destroy all information concerning the investigation, retaining only a record noting that an investigation was conducted and that the board determined the complaint to be unfounded. For the purpose of this paragraph, a complaint shall be deemed to be unfounded if it does not fall within the jurisdiction of the board, does not relate to the actions of the licensee or certificate holder, or is determined by the board to be frivolous.
VIII. Whoever, not being licensed or otherwise authorized to practice according to the laws of this state, shall advertise oneself as engaging in a profession licensed or certified by the office of professional licensure and certification, shall engage in activity requiring professional licensure, or in any way hold oneself out as qualified to do so, or call oneself a licensed professional, or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, is engaged in unlawful practice. After hearing and upon making an affirmative finding of unlawful practice, the board, council, or commission may take action in any one of the following ways:
(a) Issue a cease and desist order against any person or entity engaged in unlawful, which shall be enforceable in superior court.
(b) Impose a fine not to exceed the amount of any gain or economic benefit that the person derived from the violation or $10,000 for each offense, whichever amount is greater. Each violation of unlicensed or unlawful practice shall be deemed a separate offense.
(c) The attorney general, board, council, or commission, or prosecuting attorney of any county or municipality where the act to unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to any board, council, or commission.

Source. 2021, 205:2, Pt. V, Sec. 3, eff. Jan. 1, 2022.

Section 310-A:1-n

    310-A:1-n Rehearing; Appeals. –
I. Any person who has been refused a license or certification by the board, which shall include all boards, councils, and commissions within the office of professional licensure and certification, or has been disciplined by the board shall have the right to petition for a rehearing within 30 days after the original final decision.
II. Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541.
III. No sanction shall be stayed by the board during an appeal.

Source. 2021, 205:2, Pt. V, Sec. 3, eff. Jan. 1, 2022.

Professional Engineers

Section 310-A:2

    310-A:2 Definitions. –
As used in this subdivision:
I. "Board" means the board of professional engineers.
I-a. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.
II. "Professional engineer" means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.
III. "Practice of engineering" means any professional service or creative work requiring education, training, experience, and the application of advanced knowledge of mathematics and physical sciences, involving the constant exercise of discretion and judgment, to such services or work as consultation, investigation, evaluation, planning, design, responsible oversight of construction, and responsible oversight of operation, in connection with any public or private utilities, structure, buildings, machines, equipment, processes, works, or projects, wherein the public welfare, or the safeguarding of life, health, or property is concerned.
IV. "Engineering surveys" means any surveying activities required to support the sound conception, planning, design, construction, maintenance, and operation of engineering projects by persons licensed under this subdivision, but shall exclude the surveying of real property for the establishment or reestablishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system.
V. "Engineer of record" means a professional engineer who seals drawings, reports, or documents for a project. The seal shall acknowledge that the professional engineer prepared, coordinated, or had subordinates prepare under the direct supervision of the professional engineer, drawings, reports, or documents for a project. The engineer of record shall not be responsible for engineering work performed and sealed by other professional engineers, including independent consulting engineers who work under the coordination of the engineer of record.

Source. 1981, 485:1. 1995, 136:1, eff. July 23, 1995; 284:1-4, 57, eff. Jan. 1, 1996.

Section 310-A:2-a

    310-A:2-a Purpose. – To safeguard life, health, and property, and to promote public welfare, the practice of engineering in this state shall be regulated by the board of professional engineers, except as provided in RSA 485-A:4 and RSA 485-A:35.

Source. 1995, 284:5, eff. Jan. 1, 1996.

Section 310-A:2-b

    310-A:2-b Jurisdiction of the Board of Professional Engineers; Regulation of Scope of Practice. – No agency or subdivision of the state shall adopt any rule, regulation, standard, code, ordinance, or policy that restricts or limits the scope of practice of any licensed professional engineer, whose practice shall be within the sole jurisdiction of the board of professional engineers.

Source. 1995, 284:5, eff. Jan. 1, 1996.

Section 310-A:3

    310-A:3 Board of Engineers; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster. –
I. A board of professional engineers is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be professional engineers, and one public member. The public member of the board shall be a person who is not, and never was, a member of the engineering profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of engineering services or an activity directly related to engineering, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. Each member of the board shall be a citizen of the United States and a resident of this state. Each professional engineer member shall have actively practiced professional engineering for the chief means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of engineering.
III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. [Repealed.]
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect a chairperson, vice-chairperson, and secretary. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
VI. (a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. [Repealed.]

Source. 1981, 483:1. 1995, 136:2; 284:6. 2013, 144:112, eff. July 1, 2013. 2021, 197:124, 126, I and II, eff. July 1, 2021.

Section 310-A:4

    310-A:4 Repealed by 1995, 284:59, I, eff. Jan. 1, 1996. –

Section 310-A:5

    310-A:5 Repealed by 1995, 284:59, II, eff. Jan. 1, 1996. –

Section 310-A:5-a

    310-A:5-a Notice of Rulemaking Proceedings. – The board shall solicit from each license holder, at the time of application or renewal, whether the license holder wishes to be categorized as an interested party for the purpose of RSA 541-A:6, III. The board is authorized to assess license holders who ask to be counted as interested parties a nominal fee, not to exceed the increased costs of this section.

Source. 1997, 321:1, eff. Jan. 1, 1998.

Section 310-A:6

    310-A:6 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) [Repealed.]
(b) The qualifications of applicants in addition to those requirements set by statute, and including the qualifications for satisfactory evidence of good professional character;
(c) How an applicant shall be examined;
(d) The requirements for renewal of a license, including the requirements for continuing education;
(e) [Repealed.]
(f) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards;
(g) Matters related to the proper administration of this subdivision;
(h) Procedures for the conduct of hearings consistent with the requirements of due process;
(i) The design of an official seal;
(j) [Repealed.]
(k) [Repealed.]
(l) What constitutes engineering experience for the purposes of RSA 310-A:12;
(m) Procedures for a waiver of the fundamentals of engineering examination under RSA 310-A:12, II;
(n) The circumstances under which an applicant may be required to take an examination under RSA 310-A:12, IV;
(o) Interstate licensure and temporary permits under RSA 310-A:19;
(p) Waiver of renewal fees for professional engineers 70 years of age or older under RSA 310-A:21;
(q) Procedural and substantive requirements for assessing, compromising, and collecting civil penalties against licensees as authorized by RSA 310-A:23, V(f);
(r) The requirements for retired status.
II. [Repealed.]
III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules of professional conduct, or amendments thereto, to all affected professionals licensed by the board.

Source. 1981, 485:1. 1989, 247:1. 1994, 412:31. 1995, 284:7, 56-59, III. 1998, 204:1. 2012, 52:1. 2014, 174:2, eff. Sept. 9, 2014. 2021, 197:125, 126, III, eff. July 1, 2021.

Section 310-A:6-a

    310-A:6-a Immunity From Civil Liability. – No action or other legal proceedings for damages shall be instituted against the board or any member or employee of the board for any act done in good faith or for any neglect or default in the performance or exercise in good faith of any such duty or power.

Source. 1995, 284:8, eff. Jan. 1, 1996.

Section 310-A:7

    310-A:7 Fees. –
I. The board shall adopt rules under RSA 541-A which establish fees for the following:
(a) Examinations.
(b) Application for licensure upon passing the examination.
(c) Application for a certificate, temporary permit, or license under RSA 310-A:19 and 20.
(d) Biennial renewal for licensed professional engineers.
(e) Late reinstatement for a late renewal of license.
(f) Replacement of lost or mutilated license.
(g) Transcribing and transferring records and other services.
II. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply.

Source. 1981, 485:1. 1989, 247:2. 1995, 284:9. 2014, 269:4, eff. July 1, 2014.

Section 310-A:8

    310-A:8 Receipts and Disbursements. – The board may employ such investigators, retained through the office of professional licensure and certification, and may make expenditures for the reasonable expenses of the board's delegate to meetings of, and membership dues to, the National Council of Examiners for Engineering and Surveying (NCEES). The board may, with the approval of the attorney general, hire counsel and investigators through the office of professional licensure and certification and pay the reasonable expenses of such counsel and investigators for the investigation and prosecution of any violation of this subdivision.

Source. 1981, 485:1. 1995, 284:10. 2013, 144:111, eff. July 1, 2013. 2015, 276:51, eff. July 1, 2015.

Section 310-A:9

    310-A:9 Repealed by 1995, 284:59, IV, eff. Jan. 1, 1996. –

Section 310-A:10

    310-A:10 Repealed by 1995, 284:59, V, eff. Jan. 1, 1996. –

Section 310-A:11

    310-A:11 Licensure Required. – No person shall practice engineering in this state, except as permitted in RSA 310-A:19, III or RSA 310-A:27, without a professional engineer's license issued under this subdivision.

Source. 1981, 485:1. 1989, 247:6. 1995, 284:11, eff. Jan. 1, 1996.

Section 310-A:12

    310-A:12 General Requirements for Licensure as an Engineer. –
I. Applicants who have the minimum of a bachelor of science degree, or the equivalent, from an Accreditation Board for Engineering and Technology (ABET) or other accredited 4-year institution in an engineering curriculum, certification as an "engineer-in-training" as a result of a NCEES fundamentals of engineering proctored examination and 4 years of accumulated engineering experience under the direction of a licensed professional engineer and satisfactory to the board may apply to sit for the professional engineers examination.
II. Applicants who have the minimum of a bachelor of science degree, or the equivalent, from an ABET or other accredited 4-year institution in an engineering curriculum and more than 10 years of accumulated engineering experience under the direction of a licensed professional engineer and satisfactory to the board may apply to sit for the professional engineers examination. Such an applicant may request a waiver of the fundamentals of engineering examination.
III. Applicants with a minimum of 25 years of engineering experience of which at least 10 years shall have been in responsible charge of engineering work satisfactory to the board may apply for licensure under this section on the basis of education and experience, provided that they have successfully passed the professional engineers examination required by RSA 310-A:17.
IV. Whenever the evidence presented in an application under paragraph I, II, or III does not appear to the board conclusive and warranting the issuance of a license, the applicant shall be required to pass a proctored examination, as the board may determine.

Source. 1981, 485:1. 1989, 247:7. 1995, 284:12, 58. 1997, 321:2. 2012, 52:2, 3, eff. July 13, 2012.

Section 310-A:13

    310-A:13 Character. – No person shall be eligible for licensure as a professional engineer who is not of good professional character.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:14

    310-A:14 Teaching Credits. – In considering the qualifications of applicants, engineering teaching may be construed as engineering experience.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:15

    310-A:15 Education Credits. – The satisfactory completion of each year of an approved curriculum in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of experience under RSA 310-A:12, II and III. Graduation in a curriculum other than engineering, but in a related field, from a college or university of recognized standing may be considered as equivalent to 2 years of experience under RSA 310-A:12, II and III; provided, however, that no applicant shall receive credit for more than 4 years of experience because of undergraduate educational qualifications. In counting years of experience, the board, at its discretion, may give credit not in excess of one year for satisfactory graduate study in engineering.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:16

    310-A:16 Applications. – Applications for licensure or for a temporary permit shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed professional engineers having personal knowledge of the applicant's professional experience. The board shall establish fees for application and any examination required under this subdivision. If the board denies the issuance of a license or a temporary permit to any applicant, any initial fee deposited shall be retained as an application fee.

Source. 1981, 485:1. 1989, 247:8. 1995, 136:5, eff. July 23, 1995; 284:13, eff. Jan. 1, 1996.

Section 310-A:17

    310-A:17 Examinations. – Proctored technical examinations in engineering shall be held at least annually as the board shall determine. If examinations are required on fundamental subjects, the applicant shall be permitted to take this part of the examination upon completion of the requisite years of professional experience. The board may issue to each applicant, upon successfully passing the examination in fundamental subjects, a certificate stating that the applicant has passed the examination. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the board and shall be reexamined on the next regularly scheduled examination date. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to proceed with the examination.

Source. 1981, 485:1. 1995, 136:5. 2012, 52:4. 2014, 174:3, eff. Sept. 9, 2014.

Section 310-A:18

    310-A:18 Certificates; Seals. – The board shall issue a license, upon payment of the registration fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed professional engineer while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "Licensed Professional Engineer." All papers or documents involving the practice of engineering under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional engineer who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed or reissued.

Source. 1981, 485:1. 1995, 136:5, eff. July 23, 1995; 284:60, eff. Jan. 1, 1996. 2021, 197:175, eff. July 1, 2021.

Section 310-A:18-a

    310-A:18-a Seals for Temporary Permits. – All documents and papers issued under a temporary permit to practice engineering shall be stamped or otherwise noted to indicate the professional engineer's temporary permit number, the beginning and ending date of the temporary permit period, and the project name or identifying title. All such documents and papers shall be signed by the temporary permit holder.

Source. 1989, 247:9. 1995, 284:57, eff. Jan. 1, 1996.

Section 310-A:19

    310-A:19 Interstate Licensure; Temporary Permit. –
I. Applicants who are licensed or registered in another state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state, may apply to the board for licensure.
II. Applicants who are certified by the National Council of Engineering Examiners (NCEE) may apply for licensure by having their NCEE record sent to the board and by furnishing such other information on a standard application form as the board may direct.
III. A person not a resident of and having no established place of business in this state who wishes to practice or to offer to practice engineering in this state may make application to the board for a temporary permit. A temporary permit shall be limited to practice on a specific project in this state for a period not to exceed 6 months in any one calendar year, provided such person is a licensed professional engineer in a state or country where the requirements and qualifications for obtaining a certificate of licensure are substantially equivalent to or higher than those specified in this subdivision.

Source. 1981, 485:1. 1989, 247:10. 1995, 136:6, eff. July 23, 1995; 284:14, eff. Jan. 1, 1996.

Section 310-A:20

    310-A:20 Engineering Certificates for Business Organizations. –
I. The practice of or offer to practice professional engineering for others by individual engineers licensed under this subdivision through a business organization as officers, partners, associates, employees, or agents is permitted, subject to the provisions of this subdivision; provided that:
(a) One or more of the corporate officers, of a corporation or one or more general partners, or associates is designated as being responsible for the engineering activities and engineering decisions of the business organization, and is a licensed engineer under this subdivision.
(b) All personnel of the business organization who act in its behalf as professional engineers are licensed under this subdivision.
(c) The business organization has been issued a certificate of authorization by the board, as provided in this section.
II. The requirements of this subdivision shall not affect a business organization or its employees in performing services for such business organization or its subsidiary or affiliated business organizations. All final drawings, specifications, plans, reports, or other engineering papers or documents involving the practice of engineering, when issued or filed for public record, shall be dated, and bear the signature and seal of the professional engineer who prepared them or under whose direct supervisory control they were prepared.
III. A business organization desiring a certificate of authorization shall file with the board an application, using a form provided by the board, listing the names and addresses of all officers and board members, general and limited partners, associates, and any individuals duly licensed to practice engineering in this state who shall be in responsible charge of the practice of engineering in this state through the business organization, and any other information required by the board. The same form, giving the same information, must accompany the annual renewal fee. If there is a change in any of these persons during the year, such change shall be designated on the same form and filed with the board within 30 days after the effective date of such change. If all requirements of this section are met, the board shall issue a certificate of authorization to such business organization, and such business organization shall be authorized to contract for and to collect fees for furnishing engineering services.
IV. No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners, by reason of its compliance with the provisions of this section, nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of such individual's employment by or relationship with such business organization.
V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words "Engineer" or "Engineering" or any modification or derivative thereof in its corporate or business name or which includes the practice of engineering among the objects for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to partnerships, sole proprietorships and associations holding certificates of registration or authorization issued under the provisions of this subdivision, a copy of which shall likewise have been presented to the secretary of state. However, the requirements of this subdivision shall not apply to any business formed and registered with the secretary of state prior to January 1, 1999, which uses the words "Engineer" or "Engineering" or any modification or derivative thereof in its corporate or business name, and which does not perform or require the services of a professional engineer.
VI. A professional engineer who renders occasional, part-time or consulting engineering services to or for a business organization may not, for the purposes of this subdivision, be designated as being responsible for the engineering activities and decisions of such business organization.

Source. 1981, 485:1. 1995, 136:7; 284:15. 2000, 163:1, eff. July 22, 2000.

Section 310-A:21

    310-A:21 License Expiration and Renewals. – All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration of the license. If the renewal fee is not submitted within 12 months after the expiration date, the licensee's name shall be removed from current status, and application for reinstatement shall be required to return to current status. The board shall charge a 20 percent reinstatement fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee. If a professional engineer is 70 years or older at time of renewal, and the professional engineer has held an engineering license continuously for the 10-year period immediately preceding the renewal, the board may waive the renewal fee in accordance with rules adopted by the board.

Source. 1981, 485:1. 1989, 247:11. 1995, 284:16, eff. Jan. 1, 1996.

Section 310-A:22

    310-A:22 Investigations and Disciplinary Proceedings. –
I. The board may undertake investigations or disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Unprofessional, unethical, or dishonorable conduct unworthy of, and affecting the practice of engineering.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.
(f) Mental or physical incompetency to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(i) Violations of the rules of professional conduct for professional engineers, or any other rule adopted by the board.
(j) Providing false testimony before the board.
(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.
(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of engineering.

Source. 1981, 485:1. 1995, 136:8, eff. July 23, 1995; 284:17, eff. Jan. 1, 1996.

Section 310-A:22-a

    310-A:22-a Investigations; Enforcement. –
I. Any employee of the board engaged in making any investigation shall have the power to administer oaths to, and take depositions of, persons pertaining to any investigation. All files of an investigation in progress shall be confidential and exempt from the provisions of RSA 91-A.
II. Any person who fails to appear in response to any subpoena or to answer any question or produce any books, papers, or documents pertinent to any such investigation or hearing or who shall knowingly give false testimony in connection with an investigation or hearing shall be guilty of a class B misdemeanor.
III. Any district court within the jurisdiction of which the inquiry is carried on or within which said person resides or conducts business, upon application by the board, shall have jurisdiction to issue such person an order requiring such person to appear before the board, its members or agents, and to produce evidence, if so ordered, or to give testimony. Any failure to obey such order of the court may be punishable by the court as contempt.
IV. The board is hereby authorized to apply in its own name for relief by injunction to the superior court, to enforce the provisions of this subdivision or to restrain any violation of the provisions of this subdivision. In such proceedings, it shall be unnecessary to allege or to prove that either an adequate remedy at law does not exist or that substantial or irreparable damage would result from any continued violation. The members of the board shall not be personally liable under these proceedings.
V. The actions by the board shall be binding upon applicants for licensure, engineers-in-training, and all persons licensed under this subdivision, and shall be applicable to any business organization which shall hold a certificate or registration under this subdivision.
VI. Following an investigation of any complaint relating to a violation of any provision of this subdivision by a nonregistrant, and dependent on the result of such investigation, the board may present its findings to the county attorney in whose county such violation has occurred, and shall aid in the prosecution of the violation.

Source. 1995, 284:18, eff. Jan. 1, 1996.

Section 310-A:23

    310-A:23 Hearings; Appeals; Penalties. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. (a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.
(b) The board may issue subpoenas with the approval of the office of the attorney general.
(c) A minimum of 10 business days' notice shall be given for compliance with a subpoena under this chapter.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. The board, upon making an affirmative finding under RSA 310-A:22, II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed professional engineer for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
VI. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking its license may appeal the decision in accordance with RSA 541.
VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations and stenographers' and attorneys' fees as a condition of probation or reinstatement.
VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

Source. 1981, 485:1. 1995, 284:19, 20. 1998, 204:2, 3, eff. July 1, 1998.

Section 310-A:24

    310-A:24 Reissuance of Licenses. – The board, for reasons it deems sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a charge shall be made for such issuance.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:25

    310-A:25 Violations. –
I. (a) It shall be a class B misdemeanor for any unlicensed natural person or a felony for any unauthorized business organization to:
(1) Practice, or offer to practice, engineering in this state.
(2) Represent by any verbal statement, sign, letterhead, card, or in any other way that they are professional engineers or able to perform engineering services.
(3) Use or otherwise assume in conjunction with the personal name, or advertise any title or description tending to convey the impression that such person is a professional engineer licensed under this subdivision.
(b) It shall be a class B misdemeanor for any natural person or a felony for any unauthorized business organization to:
(1) Present or attempt to use the license or seal of another as one's own.
(2) Give any false or forged evidence of any kind to the board or to any member of the board in obtaining a license.
(3) Falsely impersonate any other licensee of like or different name.
(4) Attempt to use an expired or revoked license.
II. The attorney general, or a designee, shall act as legal advisor to the board if the board so requests, and render such legal assistance as deemed necessary by the board in carrying out the provisions of this subdivision, provided that this responsibility shall not relieve the local prosecuting officers of any of their duties under the law. With the approval of the attorney general, the board may employ counsel and necessary assistance through the office of professional licensure and certification in carrying out the provisions of this subdivision. Reasonable compensation and expenses for counsel and legal assistance shall be paid from the funds of the board allocated for such purpose.

Source. 1981, 485:1. 1995, 136:9, eff. July 23, 1995; 284:21, eff. Jan. 1, 1996. 2015, 276:52, eff. July 1, 2015.

Section 310-A:26

    310-A:26 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:25 on proceedings brought by the attorney general, the board or any society of licensed professional engineers duly incorporated under the laws of this state.

Source. 1981, 485:1. 1995, 284:57, eff. Jan. 1, 1996.

Section 310-A:27

    310-A:27 Exemptions. –
Nothing in this subdivision shall be construed to prevent or affect:
I. [Repealed.]
II. The work of an employee or a subordinate of a person holding an engineering license under this subdivision, provided such work does not include final designs or decisions and is done under the direct responsibility, checking, and supervision of a person holding an engineering license under this subdivision;
III. The practice of officers and employees of the government of the United States while engaged within this state in the practice of engineering for the federal government; or
IV. The practice of architecture by a duly licensed architect.

Source. 1981, 485:1. 1989, 247:26. 1995, 284:22, 23, 58, eff. Jan. 1, 1996.

Architects

Section 310-A:28

    310-A:28 Definitions. –
As used in this subdivision:
I. "Architect" means a person who, by reason of having acquired through professional education and practical experience an advanced training in building construction and architectural design and an extensive knowledge of building standards created to safeguard the public from hazards such as fire, panic, structural failure, and unsanitary conditions, is technically and legally qualified to practice architecture and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of architecture.
II. "Architecture" means any professional service or creative work requiring the application of advanced knowledge of architectural design, building construction and standards, and involving the constant exercise of discretion and judgment in such activities as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with any public or private buildings, wherein the safeguarding of life, health or property is concerned.
III. "Board" means the board of architects.
IV. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.

Source. 1981, 485:1. 1995, 284:24, 56, eff. Jan. 1, 1996.

Section 310-A:29

    310-A:29 Board of Architects; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster. –
I. A board of architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be architects, and one public member. The public member of the board shall be a person who is not, and never was, a member of the architectural profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of architectural services or an activity directly related to architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. Each member of the board shall be a citizen of the United States and a resident of this state. Each architect member shall have actively practiced architecture for the chief means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of architecture.
III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. [Repealed.]
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
VI. (a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. [Repealed.]

Source. 1981, 485:1. 1989, 247:12. 1995, 136:10; 284:25. 2003, 174:7, eff. July 1, 2003. 2021, 197:127, 130, I and II, eff. July 1, 2021.

Section 310-A:30

    310-A:30 Repealed by 1995, 284:59, VI, eff. Jan. 1, 1996. –

Section 310-A:31

    310-A:31 Repealed by 1995, 284:59, VII, eff. Jan. 1, 1996. –

Section 310-A:32

    310-A:32 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) [Repealed.]
(b) The qualifications of applicants in addition to those requirements set by statute, and including the qualifications for satisfactory evidence of good professional character;
(c) How an applicant shall be examined;
(d) The criteria for a license to be renewed or reinstated, including any requirements for continuing education;
(e) [Repealed.]
(f) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards;
(g) Matters related to the proper administration of this subdivision;
(h) Procedures for the conduct of hearings consistent with the requirements of due process;
(i) The design of an official seal;
(j) [Repealed.]
(k) [Repealed.]
(l) The requirements for retired status.
II. In adopting any rule under this section, the board consult with the office of professional licensure and certification established under RSA 310-A:1 through RSA 310-A:1-e.
III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules of professional conduct, or amendments thereto, to all affected professionals licensed by the board.

Source. 1981, 485:1. 1994, 412:32. 1995, 284:56. 2003, 4:1. 2007, 310:1. 2010, 315:3. 2014, 174:4, eff. Sept. 9, 2014. 2015, 276:53, eff. July 1, 2015. 2021, 197:128, 130, III, eff. July 1, 2021.

Section 310-A:33

    310-A:33 Fees. – The board shall establish fees for examination of applicants, for licenses, for certificates of authorization, for reissuance of licenses, for renewal and reinstatement of licenses and certificates to practice under this subdivision, for late fees, for retired status, and for transcribing and transferring records and other services. The fees established by the board under this subdivision shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply.

Source. 1981, 485:1. 1995, 284:56. 2003, 4:2. 2007, 310:2. 2010, 315:4. 2014, 269:5, eff. July 1, 2014.

Section 310-A:34

    310-A:34 Repealed by 2002, 254:5, III, eff. July 1, 2002. –

Section 310-A:35

    310-A:35 Repealed by 1995, 284:59, VIII, eff. Jan. 1, 1996. –

Section 310-A:36

    310-A:36 Repealed by 1995, 284:59, IX, eff. Jan. 1, 1996. –

Section 310-A:37

    310-A:37 Licensure Required. – No person shall practice architecture in this state, except as permitted in RSA 310-A:52, without an architect's license issued under this subdivision.

Source. 1981, 485:1. 1995, 284:56, eff. Jan. 1, 1996.

Section 310-A:38

    310-A:38 Preliminary Requirements for Licensure as an Architect. –
I. The following preliminary requirements shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for licensure to practice architecture in this state:
(a) Applicant shall be at least 21 years of age and shall have graduated from an approved high school or its equivalent; and
(b) Applicant shall hold a professional degree in architecture from an accredited school and have had such diversified practical experience, including academic training, as the board shall deem appropriate; or
(c) In lieu of a professional degree in architecture, the board may accept evidence of additional diversified practical experience, including academic training, as the board shall deem appropriate.
II. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
(a) Conviction for commission of a felony;
(b) Misstatement of facts by the applicant in connection with the application;
(c) Violation of any of the standards of conduct required of architects as they are set forth in this subdivision or in rules adopted by the board; or
(d) Practicing architecture without being licensed in violation of laws of the jurisdiction in which the practice took place.
III. Upon complying with the preliminary requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA 310-A:43, except as otherwise provided in RSA 310-A:45.

Source. 1981, 485:1. 1995, 136:13, eff. July 23, 1995; 284:56, eff. Jan. 1, 1996.

Section 310-A:39

    310-A:39 Education Credits. – The satisfactory completion of each year of an approved curriculum in architecture in a school or college approved by the board, without graduation, shall be considered as equivalent to a year of experience under RSA 310-A:38, I(c). Graduation in a curriculum other than architecture from a college or university of recognized standing may be considered as equivalent to 2 years of experience under RSA 310-A:38, I(c). No applicant shall receive credit for more than 4 years of experience because of undergraduate educational qualifications.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:40

    310-A:40 Teaching Credits. – In considering the qualifications of applicants, architectural teaching may be construed as architectural experience.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:41

    310-A:41 Work as Contractor. – The mere execution, as a contractor, of work designed by an architect or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be experience in architecture.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:42

    310-A:42 Applications. – Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed architects having personal knowledge of the applicant's professional experience. The board shall establish fees for application and any examination required under this subdivision. Should the board deny the issuance of a license to any applicant, any initial fee deposited shall be retained as an application fee.

Source. 1981, 485:1. 1995, 136:14, eff. July 23, 1995; 284:27, eff. Jan. 1, 1996.

Section 310-A:42-a

    310-A:42-a Certificates for Business Organizations. –
I. The practice of, or offer to practice, architecture for others by individual architects, licensed under this subdivision, through a business organization as officers, partners, associates, employees, or agents is permitted, subject to the provisions of this subdivision; provided that:
(a) One or more of the corporate officers of a corporation or one or more general partners or associates is designated as being responsible for the architectural activities and architectural decisions of the business organization and is a licensed architect under this subdivision.
(b) All personnel of the business organization who act in its behalf as architects are licensed under this subdivision.
(c) The business organization has been issued a certificate of authorization by the board, as provided in this section.
II. The requirements of this subdivision shall not affect a business organization or its employees in performing services for such business organization or its subsidiary or affiliated business organizations. All final drawings, specifications, plans, reports, or other architectural papers or documents involving the practice of architecture, when issued or filed for public record, shall be dated and bear the signature and seal of the architect who prepared them or under whose direct supervisory control they were prepared.
III. A business organization desiring a certificate of authorization shall file with the board an application, using a form provided by the board, listing the names and addresses of all officers and board members, general and limited partners, associates, and any individuals duly licensed to practice architecture in this state who shall be in responsible charge of the practice of architecture in this state through the business organization, and any other information required by the board. The same form, giving the same information, shall accompany the annual renewal fee. If there is a change in any of these persons during the year, such change shall be designated on the same form and filed with the board within 30 days after the effective date of such change. If all requirements of this section are met, the board shall issue a certificate of authorization to such business organization, and such business organization shall be authorized to contract for and to collect fees for furnishing architectural services.
IV. No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners, by reason of its compliance with the provisions of this section, nor shall any individual practicing architecture be relieved of responsibility for architectural services performed by reason of such individual's employment by or relationship with such business organization.
V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words Architect, Architectural, or Architecture or any modification or derivative thereof in its corporate or business name or which includes the practice of architecture among the objects for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to partnerships, sole proprietorships and associations holding certificates of authorization issued under the provisions of this subdivision, a copy of which shall have been presented to the secretary of state.
VI. An architect who renders occasional, part-time, or consulting architectural services to or for a business organization may not, for the purposes of this section, be designated as being responsible for the architectural activities and decisions of such business organization.

Source. 2007, 310:3, eff. July 1, 2007.

Section 310-A:43

    310-A:43 Examinations. – Examinations in architecture shall be held as the board shall determine. The applicant shall be permitted to take the examination upon fulfilling the requirements established by the board. The board shall prescribe the methods of procedure and the scope of the examination which shall include the following subjects: pre-design, general structures, lateral forces, mechanical and electrical systems, materials and methods, construction documents and services, site planning, building planning, and building technology.

Source. 1981, 485:1. 1995, 136:14. 1997, 321:3. 2014, 174:5, eff. Sept. 9, 2014.

Section 310-A:44

    310-A:44 Certificates; Seals. – The board shall issue a license upon payment of the registration fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed architect while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "Licensed Architect." All papers or documents involving the practice of a profession under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

Source. 1981, 485:1. 1995, 136:14; 284:61. 2003, 4:3, eff. June 21, 2003. 2021, 197:176, eff. July 1, 2021.

Section 310-A:45

    310-A:45 Reciprocal Licensure. –
I. The board in its discretion may, upon application and the payment of a fee, issue an architect's license to any person who holds a National Council of Architectural Registration Board certificate, or to any person who holds an unexpired license or certificate of registration issued by any state, territory or possession of the United States, provided that the applicant's qualifications meet the requirements of this subdivision and the rules established by the board.
II. The board may grant an architect's license to any applicant who is similarly licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.
III. A nonresident architect seeking to render architectural services in this state, who holds an unexpired license or certificate of registration issued by the state in which such person's principal office is located, and such other certification as the board deems necessary, shall be permitted to offer to render such architectural services in this state without first having been licensed by this state, but shall not practice architecture until licensed in this state.

Source. 1981, 485:1. 1995, 136:15, 16, eff. July 23, 1995; 284:28, eff. Jan. 1, 1996. 2017, 147:1, eff. Aug. 15, 2017.

Section 310-A:46

    310-A:46 Expiration and Renewals. – All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration date of the license. If the renewal fee is not submitted within 12 months after the expiration date of the license, the licensee's name shall be removed from the mailing list. An application for reinstatement shall be required to return to active status. The office of professional licensure and certification shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.

Source. 1981, 485:1. 1989, 247:14. 2003, 4:4, eff. June 21, 2003. 2021, 197:129, eff. July 1, 2021.

Section 310-A:46-a

    310-A:46-a Continuing Education Required. – Any person holding a license shall be required to complete 12 units of continuing education each year in the area of health, safety, and welfare. Each person shall be responsible for maintaining evidence of his or her continuing education units and shall submit such evidence of continuing education units to the board biennially upon renewal of his or her license.

Source. 2009, 34:1, eff. July 14, 2009. 2017, 147:2, eff. Aug. 15, 2017.

Section 310-A:47

    310-A:47 Investigations and Disciplinary Proceedings. –
I. The board may undertake investigations or disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct or dishonorable conduct unworthy of, and affecting the practice of the profession.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.
(f) Mental incompetency to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(i) Violations of the rules of professional conduct for architects, or any other rule adopted by the board.
(j) Providing false testimony before the board.
(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.
(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of architecture.

Source. 1981, 485:1. 1995, 136:17; 284:56. 2014, 10:1, eff. Jan. 1, 2015.

Section 310-A:47-a

    310-A:47-a Disciplinary Actions; Penalties. –
I. The board, upon making an affirmative finding under RSA 310-A:47, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed architect for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
II. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking his or her license may appeal the decision in accordance with RSA 541.
III. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations and stenographer's and attorney's fees as a condition of probation or reinstatement.
IV. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

Source. 2014, 10:2, eff. Jan. 1, 2015.

Section 310-A:48

    310-A:48 Hearings. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. The board may subpoena witnesses and compel their attendance, and also may require the production of books, papers and documents in a case involving the revocation of registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. Any person failing or refusing to obey the subpoena or order of the board may be proceeded against in the same manner as for refusal to obey any other subpoena.

Source. 1981, 485:1. 1995, 284:55. 2014, 34:3, eff. Jan. 1, 2015.

Section 310-A:49

    310-A:49 Reissuance of Licenses. – The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a charge shall be made for such issuance.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:50

    310-A:50 Violations. –
I. It shall be a class B misdemeanor for any natural person or a felony for any business organization to:
(a) Present or attempt to use the license or seal of another as one's own;
(b) Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;
(c) Falsely impersonate any other licensee of like or different name;
(d) Attempt to use an expired or revoked license;
(e) Practice architecture or to offer, advertise or hold oneself out to the public as being in the practice of architecture in this state without a license, or to represent by verbal claim, sign, letterhead, card, or in any other way that such person performs architectural services, unless the person holds a license under this subdivision; or
(f) Violate any of the provisions of this subdivision.
II. [Repealed.]

Source. 1981, 485:1. 1993, 70:1. 1995, 136:18; 284:30, 56, 59, X. 2007, 310:4, eff. July 1, 2007.

Section 310-A:51

    310-A:51 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:50 on proceedings brought by the attorney general, the board or any society of licensed architects duly incorporated under the laws of this state.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:52

    310-A:52 Exemptions. –
The seal of a licensed architect shall be required for all buildings or structures covered by the New Hampshire building code under RSA 155-A, with the following exemptions:
I. The preparation of drawings and specifications for and the supervision of the construction or alteration of a single-family or 2-family residence or of any building used for farm purposes.
II. The alteration of an existing building not involving any of the following:
(a) A change in the primary structural frame or bearing wall; or
(b) A change in use or occupancy to one of a higher hazard classification.
III. The practice of architecture by officers and employees of the United States while engaged within the state in the practice of architecture for the federal government.
IV. The preparation of drawings and specifications for, and the supervision of any new or reconstructed structure meeting all of the following conditions:
(a) The primary structural frame is not reinforced concrete or structural steel;
(b) The building height is 2-1/2 stories or less;
(c) The building area is 4,000 square feet or less; and
(d) The occupancy classification is not a Group A, E, H, I, or R-4.

Source. 1981, 485:1. 1987, 297:2. 1995, 284:31, eff. Jan. 1, 1996. 2017, 147:3, eff. Aug. 15, 2017.

Land Surveyors

Section 310-A:53

    310-A:53 General Provisions. –
I. In order to safeguard property and to promote the public welfare, the practice of land surveying in this state is hereby declared to be subject to regulation in the public interest.
II. Except as provided in RSA 310-A:74, it shall be a class B misdemeanor for any person to practice or to offer to practice land surveying in this state, or to represent by verbal claim, sign, letterhead, card, or in any other way that such person is a land surveyor or is able to perform land surveying services, unless the person holds a license under this subdivision. Admission to practice land surveying shall be determined upon the basis of individual personal qualification.
III. Nothing in this subdivision shall be construed to give to a land surveyor the right to perform engineering design or other elements of the practice of engineering as defined in RSA 310-A:2, III.
IV. The practice of or the offer to practice land surveying in this state by individual licensed land surveyors as a business organization, a material part of the business which includes land surveying, is permitted provided certain personnel of such entity who shall act in its behalf are licensed land surveyors under the provisions of this subdivision and provided such entity has been issued a certificate of authorization by the board as provided in this subdivision. Any entity issued a certificate under this section shall be required to comply with all of the provisions of this subdivision.
V. Each such entity shall file with the board of licensure a designation of an individual or individuals licensed to practice land surveying in this state who shall be in charge of land surveying by such entity in this state. The person designated shall be a full-time officer, partner, owner or full-time employee of that entity. Such entity shall notify the board of licensure of any change in the entity's designation within 30 days after such change becomes effective.

Source. 1981, 485:1. 1989, 247:15, 22. 1994, 358:1. 1995, 136:19, eff. July 23, 1995; 284:32, 33, 58, eff. Jan. 1, 1996.

Section 310-A:54

    310-A:54 Definitions. –
As used in this subdivision:
I. "Board" means the state board of licensure for land surveyors.
I-a. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization; organized for gain or profit, carrying on any business activity within the state.
I-b. "Certificate of authorization" means any certificate issued by the board to a business organization to engage in the practice of land surveying.
II. A "land surveyor" is a professional specialist in the technique of measuring land, educated in the basic principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence and all requisite to the surveying of real property and engaged in the practice of land surveying as herein defined.
III. "Land surveyor-in-training" means a candidate for licensure as a land surveyor who, prior to completion of the requisite years of experience in surveying work provided in RSA 310-A:63, has met the preliminary requirements for licensure as a land surveyor, and has been issued a certificate by the board stating that such candidate is a land surveyor-in-training.
IV. "Practice of land surveying" means any service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography alignment and grades of streets and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys.

Source. 1981, 485:1. 1989, 247:16. 1994, 358:2. 1995, 136:20, eff. July 23, 1995; 284:34, eff. Jan. 1, 1996.

Section 310-A:55

    310-A:55 Board of Land Surveyors; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster. –
I. A board of licensure for land surveyors is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be land surveyors, and one public member. The public member of the board shall be a person who is not, and never was, a member of the land surveying profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of land surveying services or an activity directly related to land surveying, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. Each member of the board shall be a citizen of the United States and a resident of this state. Each land surveyor member shall have actively practiced land surveying in New Hampshire for at least 6 years prior to appointment and shall have held a responsible position in charge of such work, which may include the teaching of land surveying.
III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. [Repealed.]
V. The board shall hold at least 4 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall elect or appoint a chairperson, vice-chairperson, and secretary. The secretary may or may not be a member of the board. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
VI. (a) The board shall keep a record of its proceedings and a register of all applications for licensure in accordance with the retention policy established by the office of professional licensure and certification.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. [Repealed.]

Source. 1981, 485:1. 1989, 247:17. 1995, 284:35, eff. Jan. 1, 1996. 2021, 197:131, 134, I and II, eff. July 1, 2021.

Section 310-A:56

    310-A:56 Repealed by 1995, 284:59, XI, eff. Jan. 1, 1996. –

Section 310-A:57

    310-A:57 Repealed by 1995, 284:59, XII, eff. Jan. 1, 1996. –

Section 310-A:58

    310-A:58 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. [Repealed.]
II. The qualifications and record of applicants in addition to those requirements set under this subdivision including the qualifications for satisfactory evidence of good professional character;
III. How an applicant shall be examined;
IV. The requirements for a license to be renewed, including the requirements for continuing education;
V. [Repealed.]
VI. Ethical and professional standards required to be met by each holder of a license to practice under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards, including:
(a) Technical standards for forest, rural and urban surveys, including minimum error of closure; and
(b) Standards for adequate deed research into the history of the subject parcel and adjacent tracts necessary for proper practice;
VI-a. The criteria for issuance of land surveying certificates for proprietorships, corporations and partnerships, including the qualifications of applicants in addition to those requirements set forth under this subdivision, and for satisfactory evidence of good professional character;
VII. Matters related to the proper administration of this subdivision;
VIII. Procedures for the conduct of hearings consistent with the requirements of due process; and
IX. The establishment of administrative fines which may be levied in the administration of this subdivision.
X. The requirements for retired status.

Source. 1981, 485:1. 1994, 358:3-5. 1995, 284:56. 1998, 204:4. 2014, 174:6, eff. Sept. 9, 2014. 2021, 197:132, 133, 134, III, eff. July 1, 2021.

Section 310-A:59

    310-A:59 Additional Powers. – The board shall adopt and have an official seal. The board may subpoena witnesses and compel their attendance, and also may require the production of books, papers and documents in a case involving the revocation of registration.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:60

    310-A:60 Fees. – The board shall establish fees for examination of applicants, for licenses and for renewal of licenses to practice land surveying and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply.

Source. 1981, 485:1. 2014, 269:6, eff. July 1, 2014.

Section 310-A:61

    310-A:61 Repealed by 2015, 276:108, II, eff. July 1, 2015. –

Section 310-A:62

    310-A:62 Repealed by 1995, 284:59, XIII, eff. Jan. 1, 1996. –

Section 310-A:63

    310-A:63 Licensure. –
I. As minimum evidence satisfactory to the board that a person is qualified for licensure as a land surveyor, such person shall have a specific record of 6 years or more accumulated experience in land surveying work indicating that such person is competent to practice land surveying and has passed a proctored examination, prescribed by the board.
II. A year of accumulated experience for the purpose of paragraph I shall include, but not be limited to:
(a) Any year during which the applicant was enrolled at an institution of higher learning pursuing a curriculum of surveying, engineering, forestry, or forestry technician, so long as the applicant completed at least one course in land surveying during the said enrollment; provided such education credits towards accumulated experience shall not exceed 4 years of accumulated experience;
(b) Any year during which the applicant was actively engaged in land surveying work as a land surveyor-in-training under the supervision of a licensed land surveyor; or
(c) Any substantial period of time (even if less than a full calendar year) during which the applicant, in the discretion of the board, was considered to be actively engaged in land surveying work.
III. An applicant for licensure as a land surveyor who is a resident of a state, country, or territory where licensure or registration is prerequisite to the legal practice of land surveying shall be licensed or registered in such state, country or territory prior to being eligible for licensure as a land surveyor under this subdivision.
IV. A person not a resident of and having no established place of business in this state who wishes to practice or to offer to practice the profession of land surveying in this state may make application to the board on a board form for a temporary certificate to practice, provided such person is licensed in a state or country in which the requirements and qualifications for obtaining a certificate of licensure are substantially equivalent to or greater than those specified in this subdivision. Upon written approval of the application by the chairperson and the secretary, the applicant shall be authorized to practice the profession of land surveying in this state, limited to such periods as shall be determined by the board, but not to exceed an aggregate of 30 days in one calendar year. Any portion of a day shall be counted as a whole day.

Source. 1981, 485:1. 1989, 247:18. 1995, 136:22, 23; 284:36, 37, 56. 2012, 52:5, eff. July 13, 2012.

Section 310-A:64

    310-A:64 Qualification as a Surveyor-in-Training. – A person who has passed the board's proctored examination in fundamentals of land surveying shall be certified, or enrolled, as a land surveyor-in-training.

Source. 1981, 485:1. 2012, 52:6, eff. July 13, 2012.

Section 310-A:65

    310-A:65 Application. – Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom 3 shall be land surveyors having personal knowledge of the applicant's land surveying experience. All applications shall be accompanied by a fee established by the board.

Source. 1981, 485:1. 1995, 136:24, eff. July 23, 1995.

Section 310-A:65-a

    310-A:65-a Application for Certificate of Authorization. –
The board shall issue a certificate of authorization to any business organization in accordance with the following:
I. As a requirement of the issuance of any certificate of authorization or any renewal of certificate to any proprietorship under this subdivision, the proprietorship shall file with the board an application on a form provided by the board, which specifies:
(a) The name and address of the owner of the proprietorship.
(b) Any person licensed under this subdivision and designated to engage in the practice of land surveying for the proprietorship.
(c) Any other information required by the board relevant to the practice of land surveying.
II. As a requirement of the issuance of any certificate of authorization or any renewal of certificate to any corporation under this subdivision, a business organization, other than a proprietorship or partnership, shall file with the board an application on a form provided by the board, which specifies:
(a) The names and addresses of all officers and board members of the business organization.
(b) Any person licensed under this subdivision and designated to engage in the practice of land surveying for the business organization.
(c) Any other information required by the board relevant to the practice of land surveying.
III. As a requirement of the issuance of any certificate of authorization or renewal of any certificate to any partnership under this subdivision, the partnership shall file with the board an application on a form provided by the board, which specifies:
(a) The names and addresses of all general and limited partners.
(b) Any person licensed under this subdivision and designated to engage in the practice of land surveying for the partnership.
(c) Any other information required by the board relevant to the practice of land surveying.
IV. Any change in any of the information reported to the board by a business organization under paragraphs I, II and III shall be reported to the board within 30 days of the change.

Source. 1994, 358:6. 1995, 284:38, 53, eff. Jan. 1, 1996.

Section 310-A:66

    310-A:66 Examinations. –
I. The board, upon application and payment of a fee, shall provide a proctored examination in fundamentals of land surveying. Upon application and payment of the fee, and after successfully passing the fundamentals examination and completing the requisite years of professional experience, the board shall provide a professional examination.
II. Examinations shall be held as the board shall determine. The scope of the examination and the method of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination at the expiration of 6 months. Subsequent examination will be granted upon payment of the fee to be determined by the board. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to take the examination again.

Source. 1981, 485:1. 1994, 148:1. 2012, 52:7. 2014, 174:7, eff. Sept. 9, 2014.

Section 310-A:67

    310-A:67 Licenses. –
I. The board shall issue a license upon payment of the required fee to any applicant who, in the opinion of the board, has satisfactorily met all the requirements for such license. This license shall authorize the practice of land surveying. The issuance of a license by the board shall be prima facie evidence that the licensee is entitled to all rights and privileges of a licensed land surveyor while the license remains valid.
II. Each licensee shall obtain a seal of the design authorized by the board, bearing the licensee's name, the legend "Licensed Land Surveyor", and a place for the licensee's signature. Plans, plats, and reports prepared by a licensee shall be stamped with the seal and signed by the licensee during the life of the license, but it shall be a class B misdemeanor for anyone to stamp or seal any document with a seal after expiration, suspension or revocation of a license, unless the license has been renewed or reissued.
III. All plans and documents issued under a temporary certificate shall be stamped or otherwise noted to indicate the land surveyor's temporary certificate number and the beginning and ending date to the temporary certificate. All such plans and documents shall be signed by the temporary certificate holder.

Source. 1981, 485:1. 1989, 247:19. 1995, 284:54, eff. Jan. 1, 1996.

Section 310-A:68

    310-A:68 Expiration and Renewals. – All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The secretary of the board shall notify every licensee of the date of the expiration of the license and the amount of the fee that shall be required for its renewal for 2 years. Such notice shall be mailed at least one month in advance of the date of expiration. Renewal may be effected at any time during the month of expiration by the payment of the fee established by the board and submission of evidence satisfactory to the board showing fulfillment of continuing education requirements. The failure on the part of any licensee to renew the license in the month of expiration as required above shall not deprive such person of the right of renewal, provided that the board shall charge a 20 percent reinstatement fee for each month or fraction of a month the renewal is late. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply and to be reexamined for licensure as required in this section.

Source. 1981, 485:1. 1989, 247:20. 1995, 136:25, eff. July 23, 1995.

Section 310-A:69

    310-A:69 Nonresidents. –
I. The board may, upon application therefor and payment of the required fee, issue a license as a licensed land surveyor to any person of any state, territory or possession of the United States or of any country provided that the applicant is registered or licensed in another state, territory, possession or country whose requirements are equal to, or greater than, the requirements of this state.
II. The secretary of state shall not issue a certificate of incorporation to any applicant for incorporation or for registration as a foreign business organization which includes the words "surveyor" or "surveying" or any modification or derivative thereof in its business name, or which includes the practice of land surveying among the objects for which it is established, unless the board shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization under this subdivision, a copy of which shall have been presented to the secretary of state. The secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to business organizations holding certificates of authorization issued under the provisions of this subdivision, a copy of which shall have been presented to the secretary of state.

Source. 1981, 485:1. 1994, 358:7. 1995, 284:39, eff. Jan. 1, 1996.

Section 310-A:69-a

    310-A:69-a General Liability. – No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, owners or partners by reason of its compliance with the provisions of this subdivision, nor shall any individual practicing land surveying be relieved of responsibility for land surveying services performed by reason of that individual's employment by or relationship with such business organization.

Source. 1994, 358:8. 1995, 284:53, eff. Jan. 1, 1996.

Section 310-A:70


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)); 2021-02 (NH LEGIS E.O. 2021-02 (2021, 1002:1.)); 2021-04 (NH LEGIS E.O. 2021-04 (2021, 1004:1.)); 2021-05 (NH LEGIS E.O. 2021-05 (2021, 1005:1.)); 2021-06 (NH LEGIS E.O. 2021-06 (2021, 1006:1.)); 2021-08 (NH LEGIS E.O. 2021-08 (2021, 1008:1.)); and 2021-010 (NH LEGIS E.O. 2021-010 (2021, 1010:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section. The state of emergency was allowed to expire on June 11, 2021. See also 2021, 91:301, eff. July 1, 2021, regarding application of Emergency Orders.
    310-A:70 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the professional expertise of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision;
(f) Mental or physical incompetency to practice under this subdivision;
(g) Willful or repeated violation of the provisions of this subdivision; or
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation or restriction of license for a period of up to 5 years;
(c) By revocation of license; or
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By assessing administrative fines not to exceed $2,000 per violation or, in the case of continuing violations, $100 for each day the violation continues, whichever would be greater.

Source. 1981, 485:1. 1995, 136:26, 27; 284:40, 56. 1997, 303:1, eff. Jan. 1, 1998.

Section 310-A:71

    310-A:71 Hearings. – The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner prescribed by RSA 541.

Source. 1981, 485:1. 1995, 284:55. 2014, 34:4, eff. Jan. 1, 2015.

Section 310-A:72

    310-A:72 Violations and Penalties. – Any person who shall practice or offer to practice land surveying in this state for others without being licensed in accordance with this subdivision, or any person presenting or attempting to use as one's own the license or the seal of another, or any person who shall give any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license, or any person who shall falsely impersonate any other licensee of like or different name, or any person who shall attempt to use an expired or non-existent or revoked license or authorization, or any person who shall violate any of the provisions of this subdivision shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if a business organization.

Source. 1981, 485:1. 1995, 136:28, eff. July 23, 1995; 284:41, eff. Jan. 1, 1996.

Section 310-A:73

    310-A:73 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:72 on proceedings brought by the attorney general or by any society of land surveyors incorporated under the laws of this state.

Source. 1981, 485:1, eff. July 1, 1981.

Section 310-A:74

    310-A:74 Exemptions. –
This subdivision shall not be construed to prevent or to affect:
I. The practice of land surveying principles by a licensed professional engineer which shall include those support surveying activities which may be required to aid, verify, or facilitate the sound conception, planning, design, construction, maintenance, and operation of engineering projects by persons licensed under this chapter, but shall exclude the surveying of real property for the establishment or reestablishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system.
II. The work of an employee or a surveyor in training for a person holding a license under this subdivision, or an employee of a person practicing lawfully under paragraph I, done under the direct responsibility, checking, and supervision of a person holding a license under this subdivision or a person practicing lawfully under paragraph I;
III. The practice of officers and employees of the government of the United States while engaged within this state in the practice of land surveying for the government; or
IV. The practice of surveying principles necessary in carrying out forest management practices, including the remarking of established boundaries and the establishment of new interior boundaries of a forest property, but not to include the establishment of boundaries common to another owner where the corners or boundary is unknown.
V. Preparation of mortgage plot plans and mortgage inspection reports, provided that:
(a) Any drawings prepared in connection with such plans or reports shall include the conspicuously-placed legend in 24 point or larger type: "This drawing is not a survey/For mortgage purposes only," or language which is substantially the same.
(b) Any such drawing shall not bear any professional seal.

Source. 1981, 485:1. 1989, 247:24. 1994, 358:9. 1995, 136:29, eff. July 23, 1995; 284:42, 56, eff. Jan. 1, 1996.

Natural Scientists

Section 310-A:75

    310-A:75 Purpose. – The general court finds it in the best interests of the citizens of the state of New Hampshire to establish the board of natural scientists to certify and regulate the professions of soil scientists and wetland scientists. This certification is to guard the citizens of New Hampshire and the professions from unqualified practitioners of soil science and wetland science and to foster intelligent application of the knowledge of soil properties and wetland characteristics in planning and implementing land use decisions consistent with New Hampshire department of environmental services rules or standards adopted by the board.

Source. 1988, 281:1. 1997, 240:1, eff. July 1, 1997.

Section 310-A:76

    310-A:76 Definitions. –
In this subdivision:
I. "Board" means the state board of natural scientists authorized to certify soil scientists and wetland scientists pursuant to this subdivision.
I-a. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.
II. "Certified soil scientist" means a person who, by reason of special knowledge of pedological principles acquired by professional education and practical experience, as specified by RSA 310-A:84, I and II, is qualified to identify, classify, and prepare soil maps according to the standards of the National Cooperative Soil Survey, or standards adopted by the New Hampshire department of environmental services, or standards adopted by the board, and who has been duly certified by the board.
II-a. "Certified wetland scientist" means a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and to prepare wetland maps; to classify wetlands; to prepare wetland function and value assessments; to design wetland mitigation; to implement wetland mitigation; to monitor wetlands functions and values; and to prepare associated reports, all in accordance with standards for identification of wetlands adopted by the New Hampshire department of environmental services or the United States Army Corps of Engineers or their successors, and who has been duly certified by the board.
III. "Pedological principles" means, but is not limited to, the taxonomic identification, classification, and morphological description of soils as natural bodies.
IV. "Practice of soil science" means any professional service that requires the application of pedological principles to identify, classify, and prepare maps delineating soils according to the standards of the National Cooperative Soil Survey or other standards approved by the board.

Source. 1988, 281:1. 1995, 136:30; 284:43. 1997, 240:2-4. 2010, 179:1, eff. June 21, 2010.

Section 310-A:77

    310-A:77 Application. – Any person, except as specifically exempted in this subdivision, who practices or offers to practice soil science or wetland science in this state shall be subject to the provisions of this subdivision.

Source. 1988, 281:1. 1997, 240:5. 2004, 116:1, eff. May 17, 2004.

Section 310-A:78

    310-A:78 Business Organizations. –
I. Nothing in this subdivision shall prohibit one or more soil scientists from practicing soil science through a business organization. In any such entity engaged in the practice of soil science at least one partner, officer, or employee shall be a certified soil scientist, and all maps produced in the practice of soil science shall be signed by a certified soil scientist, who shall be responsible for the accuracy of such maps.
II. Nothing in this subdivision shall prohibit one or more wetland scientists from practicing wetland science through a business organization. In any such entity engaged in the practice of wetland science at least one partner, officer, or employee shall be a certified wetland scientist, and all delineation produced in the practice of wetland science shall be signed by a certified wetland scientist, who shall be responsible for the accuracy of such delineation.

Source. 1988, 281:1. 1995, 284:53. 1997, 240:6, eff. July 1, 1997.

Section 310-A:79

    310-A:79 Exemption. –
This subdivision shall not be construed to prevent or to affect:
I. The practice of soil science by a nonresident having no established place of business in this state when such practice does not exceed, in the aggregate, more than 30 working days in any calendar year, provided such person is legally qualified to practice in a state or country in which the requirements and qualifications for obtaining a certificate are not lower than those specified in this subdivision. Practice for any portion of a day shall be deemed to constitute practice for an entire day.
II. The work of an employee or a subordinate of a person holding a certificate under this subdivision, or any employee of a person practicing lawfully under paragraph I, done under the direct supervision of a person holding a certificate under this subdivision or a person practicing lawfully under paragraph I.
III. The practice of officers and employees of the government of the United States or of the state of New Hampshire while engaged within this state in the practice of the profession of soil science or wetland science for the government.
IV. The determination of a hydric soil boundary or test pit evaluation to the extent permitted pursuant to RSA 485-A:35 for the purposes of septic system design or subdivision application pursuant to RSA 485-A or rules adopted under RSA 485-A. For this work, a municipality shall not require qualifications different from those established pursuant to RSA 485-A:35.
V. A homeowner from preparing a plan to provide vehicular and utility access to the homeowner's primary residence within 50 feet from the edge of a traveled way; provided, that he or she complies with rules adopted by the department of environmental services and standards adopted by the board.

Source. 1988, 281:1. 1995, 136:31. 1997, 240:7, 8. 2004, 116:2, eff. May 17, 2004.

Section 310-A:80

    310-A:80 Reciprocity. – A nonresident of this state who is certified as a soil scientist or wetland scientist in another state may be certified under this subdivision by filing an application with the board accompanied by a copy of such certification in another state, and by paying a fee to the board, provided the applicant's qualifications meet the requirements of this subdivision and the rules adopted by the board. The board may certify applicants under this section, provided that the other state's licensing requirements are substantially equivalent to, or higher than, those of this state, and provided that the other state certifies New Hampshire soil scientists or wetland scientists under a similar provision.

Source. 1988, 281:1. 1995, 136:32. 1997, 240:9, eff. July 1, 1997.

Section 310-A:81

    310-A:81 Board of Natural Scientists; Establishment; Criteria; Terms; Expenses; Meetings; Records and Reports; Roster. –
I. A board of natural scientists is established to administer the provisions of this subdivision. The board shall consist of 7 persons appointed by the governor and council, 2 of whom shall be soil scientists, 2 of whom shall be wetland scientists who are not also soil scientists, and 3 of whom shall be public members. The initial professional board members shall meet the educational requirements of RSA 310-A:84, I(a) or II-a, respectively. The public members of the board shall be persons who are not, and never were, members of the soil science profession, members of the wetland science profession, or the spouse of any such person, and who do not have and never have had, a material financial interest in either the provision of soil science or wetland science services or an activity directly related to soil science or wetland science, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. (a) Each member of the board shall be a citizen of the United States and shall have been a resident of this state for at least one year immediately preceding appointment.
(b) Each soil scientist member shall have actively practiced soil science for at least 6 years prior to appointment and shall have held a responsible position in charge of such work for at least 2 years prior to appointment, which may include the teaching of soil science.
(c) Each wetland scientist member shall have actively practiced wetland science for at least 6 years prior to appointment and shall have held a responsible position in charge of such work for at least 2 years prior to appointment, which may include the teaching of wetland science.
III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. Members of the board shall be reimbursed for mileage at the state employee rate.
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A quorum of the board shall consist of a majority of the members of the board who have been approved by the governor and council.
VI. (a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. [Repealed.]

Source. 1988, 281:1. 1995, 136:33; 284:44-46. 1997, 240:10-13, eff. July 1, 1997. 2021, 197:135, 137, I, eff. July 1, 2021.

Section 310-A:82

    310-A:82 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. [Repealed.]
II. The qualifications of applicants under RSA 310-A:84, and satisfactory evidence of good professional character.
III. How the applicant shall be examined.
IV. The criteria required for a license to be renewed, including the requirement for continuing education.
V. [Repealed.]
VI. Ethical and professional standards required to be met by each holder of a certificate under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards.
VII. Matters related to proper administration of this subdivision.

Source. 1988, 281:1. 1997, 240:14. 2014, 174:8, eff. Sept. 9, 2014. 2021, 197:136, 137, II, eff. July 1, 2021.

Section 310-A:83

    310-A:83 Additional Powers. – The board shall adopt and have an official seal. The board shall have the power to subpoena witnesses and compel, by subpoena duces tecum, the production of books, papers, and documents in a case involving the revocation of registration. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. Such subpoenas issued by any member of the board or by any justice of the peace shall have the same effect as though issued for appearance before the superior court.

Source. 1988, 281:1, eff. June 30, 1988.

Section 310-A:84

    310-A:84 Qualifications for Certification. –
I. To be eligible for certification as a soil scientist, a person shall be of high ethical professional standards, have successfully passed an examination designed to determine the person's proficiency and qualifications, including references to soil characteristics in the New England region, to be engaged in the practice of soil science, and shall have one of the following qualifications:
(a) Be a graduate of an accredited 4-year college curriculum leading to a baccalaureate degree, where the applicant successfully completed 30 semester hours in biological, physical and earth science, including 15 semester hours in soil science, and have a specific record of an additional 3 or more years experience in the practice of soil science.
(b) Be a graduate of an accredited college curriculum leading to a baccalaureate or an associate degree, where the applicant has successfully completed 15 semester hours in soil science, and have a specific record of an additional 4 or more years experience in the practice of soil science.
(c) Be a graduate of an accredited college curriculum leading to a baccalaureate or associate degree, or have earned the equivalent number of credits, and have a specific record of an additional 6 or more years in the practice of soil science.
II. Experience in the practice of soil science shall be of a grade and character that indicates to the board that the applicant is competent to practice as a soil scientist. Experience shall be determined as follows:
(a) Teaching soil science courses or performing research in soil science at an accredited college, university, or institution offering an approved soil science or agronomy curriculum shall be considered as experience in the practice of soil science.
(b) Educational training shall not be considered as experience. Summer employment shall be considered experience for purposes of this section.
(c) Actual field mapping experience in an acceptable apprenticeship program shall count as experience time and shall account for a minimum of one year of the experience requirement.
(d) Each advanced degree in a related field shall be counted as one year of experience.
II-a. To be eligible for certification as a wetland scientist, a person shall meet high ethical and professional standards, have successfully passed an examination designed to determine the person's proficiency and qualifications, including references to wetland characteristics in the New England region, be engaged in the practice of wetland science, and shall have one of the following qualifications:
(a) Be a graduate of an accredited college curriculum leading to a baccalaureate or an associate degree, where the applicant has successfully completed a minimum of 24 semester hours in any of the following environmental sciences: botany, soil science, hydrology, wetland science, biology, forestry, wildlife, ecology, water resources, plant science, agronomy, geology, or earth science, and have one or more years experience in the practice of wetland science.
(b) Have a minimum of 12 combined credit or non-credit semester hours in any of the environmental sciences under subparagraph (a), and have 3 or more years experience in the practice of wetland science.
II-b. (a) Experience in the practice of wetland science shall be of a quality and character that indicates to the board that the applicant is competent to practice as a wetland scientist. Experience shall be defined as one or more of the following:
(1) Teaching wetland science courses or performing research in wetland science at an accredited college, university, or institution offering an approved wetland science or wetland ecology curriculum.
(2) Actual field experience gained in an acceptable apprenticeship program.
(3) Actual field mapping experience, defined as the delineation of wetland boundaries and the preparation of wetland maps; the classification of wetlands; the preparation of wetland function and value assessments; the design of wetland mitigation; the implementation of wetland mitigation; the monitoring of wetlands functions and values; and preparation of associated reports, all in accordance with standards for the identification of wetlands adopted by the department of environmental services or the United States Army Corps of Engineers or their successors.
(b) For the purposes of this paragraph, educational training shall not be considered as experience; summer employment shall be considered experience.
(c) For the purposes of this paragraph, each advanced degree in a related field may be counted as one year of experience, however, a minimum of one year of actual field experience shall be required for all candidates.
III. A candidate failing an examination may apply for a re-examination upon payment of an additional fee as determined by the board in its rules and shall be re-examined on the next regularly scheduled semi-annual examination date. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to proceed with the examination.

Source. 1988, 281:1. 1995, 136:34. 1997, 240:15-17. 2004, 116:3. 2010, 179:2, eff. June 21, 2010.

Section 310-A:85

    310-A:85 Apprentice. –
I. To be eligible for recognition as an apprentice soil scientist, a person shall have the following qualifications:
(a) Be of responsible character;
(b) Have completed the formal education under RSA 310-A:84, I; and
(c) Be in training to become a certified soil scientist and be engaged in the practice of soil science under the direct supervision of a certified soil scientist who is performing soil science work.
II. To be eligible for recognition as an apprentice wetland scientist, a person shall have the following qualifications:
(a) Be of responsible character;
(b) Have completed the formal education under RSA 310-A:84, II-a; and
(c) Be in training to become a certified wetland scientist and be engaged in the practice of wetland science under the direct supervision of a certified wetland scientist who is performing wetland science work.

Source. 1988, 281:1. 1997, 240:18, eff. July 1, 1997.

Section 310-A:86

    310-A:86 Certification Procedure. –
I. Application for certification shall be on forms prescribed and furnished by the board. Such forms shall include the applicant's educational background, including transcripts from educational institutions attended, a detailed work experience history, and such other information as the board may by rule require. All applications shall be signed under oath by the applicant.
II. Any person who has successfully passed the examination or has otherwise qualified as a certified soil scientist, apprentice soil scientist, certified wetland scientist, or apprentice wetland scientist, shall, upon payment of a fee, be issued a certificate attesting that the applicant is a certified soil scientist, apprentice soil scientist, certified wetland scientist, or apprentice wetland scientist.
III. Applications that meet the requirements of RSA 310-A:84 shall be approved.

Source. 1988, 281:1. 1997, 240:19, eff. July 1, 1997.

Section 310-A:87

    310-A:87 Certificates. – Certificates shall show the full name of the certified soil scientist, apprentice soil scientist, certified wetland scientist, or apprentice wetland scientist and have a serial number. Each certified soil scientist or certified wetland scientist shall obtain a seal of the design authorized by the board bearing the name of the certified individual, the legend "Certified Soil Scientist" or "Certified Wetland Scientist," as appropriate, and a place for the certified individual's signature. Plans and reports prepared by a certified individual shall be stamped with the seal and signed by the certified individual during the life of the certificate.

Source. 1988, 281:1. 1995, 136:35. 1997, 240:20, eff. July 1, 1997. 2021, 197:177, eff. July 1, 2021.

Section 310-A:88

    310-A:88 Expiration. – A certification shall expire on the last day of the certificate holder's month of birth in the year 2 years following the year of issuance.

Source. 1988, 281:1. 1989, 247:25, eff. July 1, 1989.

Section 310-A:89

    310-A:89 Certificate Renewal. – Certificates may be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The secretary shall notify each certified individual one month prior to expiration of such certificate.

Source. 1988, 281:1. 1995, 136:36. 1997, 240:21, eff. July 1, 1997.

Section 310-A:90

    310-A:90 Failure to Renew. – Failure to remit the biennial renewal fee when due shall automatically cancel the certification. If properly renewed, a certification shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause. A person whose certification is cancelled for such failure may reinstate such certification by paying, within one year of cancellation, all fees due, plus a late fee as established by the board.

Source. 1988, 281:1. 1995, 136:36, eff. July 23, 1995.

Section 310-A:91

    310-A:91 Repealed by 1997, 240:28, II, eff. July 1, 1997. –

Section 310-A:92

    310-A:92 Fees. –
I. The board shall adopt rules under RSA 541-A which establish fees for the following:
(a) Application for examination.
(b) Application for certification without examination.
(c) Application for certification by reciprocity.
(d) Application for certification upon examination.
(e) Biennial renewal for individuals certified under this subdivision.
(f) Application for certification as an apprentice soil scientist or apprentice wetland scientist.
(g) Late reinstatement fee for a late renewal.
(h) Replacement of lost or mutilated certificate.
II. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply.

Source. 1988, 281:1. 1997, 240:22. 2009, 22:1. 2014, 269:7, eff. July 1, 2014.

Section 310-A:93

    310-A:93 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person certified by the board has committed misconduct under paragraph II, and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a certificate to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of soil science or wetland science.
(d) Unfitness or incompetency by reason of negligence or willful misconduct by a certified soil scientist or certified wetland scientist in the performance of professional duties.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice under this subdivision.
(f) [Repealed.]
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a certificate, similar to one issued under this subdivision, in another jurisdiction which was not reinstated.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of certificate for a period of up to 5 years.
(c) By revocation of certificate.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person been found deficient.

Source. 1988, 281:1. 1995, 136:37. 1997, 240:23, 28, I, eff. July 1, 1997.

Section 310-A:94

    310-A:94 Hearings. – The board shall take no disciplinary action without a hearing. At least 14 days prior to a hearing, all parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within one year of the date of notice of a complaint received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner prescribed by RSA 541.

Source. 1988, 281:1. 1995, 284:55. 2014, 34:5, eff. Jan. 1, 2015.

Section 310-A:95

    310-A:95 Violations; Penalties. – Any person who practices or offers to practice soil science or wetland science in this state for others without a certificate in accordance with this subdivision, or any person presenting or attempting to use the certificate or seal of another, or any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a certificate, or any person who falsely impersonates any other certified soil scientist or certified wetland scientist, or any person who attempts to use an expired or nonexistent or revoked certificate or authorization, or any person who violates any of the provisions of this subdivision, shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1988, 281:1. 1995, 284:47. 1997, 240:24, eff. July 1, 1997.

Section 310-A:96

    310-A:96 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:95 on proceedings brought by the attorney general, the board, or any society of certified soil scientists or certified wetland scientists duly incorporated under the laws of this state.

Source. 1988, 281:1. 1997, 240:25, eff. July 1, 1997.

Section 310-A:97

    310-A:97 Repealed by 2007, 300:7, I, eff. July 1, 2007. –

Licensing Foresters

Section 310-A:98

    310-A:98 General Provisions. –
I. It shall be a class B misdemeanor for any person to practice for compensation or offer to practice for compensation in this state, the profession of forestry, as defined in this subdivision, or to use in connection with a name or otherwise assume, use, or advertise any title or description tending to convey the impression that such person is a forester, unless such person has been duly licensed or is exempt from licensing under the provisions of this subdivision.
II. Nothing in this subdivision, however, shall be construed as requiring any person, business organization, state university, department or agency of any branch of government to be licensed pursuant to this subdivision in order to practice forestry on their own lands.
III. Nothing in this subdivision shall be construed as requiring any person to be licensed pursuant to this subdivision in order to carry out forest practices as an employee of a licensed forester and acting under the direct supervision of such licensed forester.
IV. Nothing in this section shall be construed as requiring any person to be licensed under this subdivision if that person is engaged in activities incidental to the practice of forestry as defined in RSA 310-A:99, III, provided, however, that such person does not represent that the person is a forester as defined in RSA 310-A:99, I. Such incidental activities shall include: timber harvesting, agriculture, wildlife management, land use planning, arboriculture, procurement of forest resources to supply concerns dependent on those forest resources, and any other activity or occupation determined by the board to be incidental to the practice of forestry.

Source. 1990, 166:5. 1995, 136:38, eff. July 23, 1995; 284:53, 54, eff. Jan. 1, 1996.

Section 310-A:99

    310-A:99 Definitions. –
As used in this chapter:
I. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.
I-a. "Forester" means a person who practices forestry and is licensed under this subdivision, or a person specifically exempted from licensure under RSA 310-A:98, II.
II. "Forestry" means the science of silviculture and the practice and art of managing and using for human benefit forestlands and the natural resources that occur in association with forestlands, including trees, other plants, animals, soil, water, and related air and climate.
III. "Practice of forestry" includes, but is not limited to, services related to a wooded area such as consultation, investigation, evaluation, the development of management plans, timber appraisal and the responsibility for the supervision of silviculture, utilization, protection and other forest-related activities, consistent with all state laws applicable to the harvesting and transport of forest products.

Source. 1990, 166:5. 1995, 284:48, eff. Jan. 1, 1996.

Section 310-A:100

    310-A:100 Board of Foresters; Establishment; Expenses. –
I. A board of licensing for foresters is established to administer the provisions of this subdivision. The board shall consist of 7 persons appointed by the governor and council, 4 of whom shall be foresters as defined in RSA 310-A:99, I, and 3 public members. Of the forester members, one shall be the director, division of forests and lands, one shall be an industrial forester, one shall be a private forester, and one shall be a forester from the public sector. A public member of the board shall be a person who is not, and never was, a member of the forestry profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of forestry services or an activity directly related to forestry. Two of the public members shall be forest landowners actively engaged in forest management, but not otherwise connected with the forestry profession.
II. Each member of the board shall be a citizen of the United States and shall have been a resident of this state for at least 5 years prior to appointment. Each forestry member shall have actively practiced forestry for at least 6 years prior to appointment and shall have held a responsible position in charge of such work for at least 2 years prior to appointment, which may include the teaching of forestry at a recognized college or university.
III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. Members of the board shall be reimbursed for mileage at the state employee rate.
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board have been approved by the governor and council shall constitute a quorum.
VI. (a) The board shall adopt an official seal.
(b) The board shall keep a true record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
(c) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. [Repealed.]

Source. 1990, 166:5. 1995, 284:49, eff. Jan. 1, 1996. 2021, 197:138, 140, I, eff. July 1, 2021.

Section 310-A:101

    310-A:101 Procedures. – The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. The board shall have the power to subpoena witnesses and compel, by subpoena duces tecum, the production of books, papers, and documents in its investigation of complaints under this subdivision. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. Such subpoenas issued by the board shall have the same effect as though issued for appearance before the superior court.

Source. 1990, 166:5, eff. June 30, 1991.

Section 310-A:102

    310-A:102 Rulemaking. –
Pursuant to RSA 541-A, the board shall make rules reasonably necessary for the proper performance of its duties and the conduct of the proceedings brought before it, so long as such rules do not conflict with the constitution and laws of the state of New Hampshire. Such rulemaking authority includes, but is not limited to:
I. [Repealed.]
II. Qualifications of applicants in addition to those requirements already set forth, including satisfactory evidence of good professional character.
III. Examination procedures.
IV. Renewal criteria, including requirements for continuing education.
V. [Repealed.]
VI. Ethical and professional standards to be met by each license holder under this subdivision and the manner in which disciplinary actions by the board shall be implemented for violations of these standards.
VII. Rules necessary to implement the provisions of RSA 310-A:98, IV.
VIII. Establishment of administrative fines for violations of this subdivision.

Source. 1990, 166:5. 1996, 142:1. 2014, 174:9, eff. Sept. 9, 2014. 2021, 197:139, 140, II, eff. July 1, 2021.

Section 310-A:103

    310-A:103 Disclosure. –
To ensure compliance with ethical standards established by the board, under RSA 310-A:102, VI, when dealing with the public, foresters shall:
I. Identify clearly themselves, their employer, and in whose interest they are working.
II. Disclose fully any financial or purchase interest they or their employer may have in the land or timber which they are working.
III. Disclose fully all direct or indirect costs or obligations of services provided, including hourly or daily rates and commissions, as well as exclusive contracts to sell forest products to certain individuals or firms.
IV. Provide complete services requested by landowners or disclose clearly that such services cannot be provided.

Source. 1990, 166:5, eff. June 30, 1991.

Section 310-A:104

    310-A:104 Qualifications for License. –
Applicants for licensure as foresters shall qualify under one of the following categories:
I. Possession of a 4-year forestry degree and 2 years experience of a nature satisfactory to the board. The board may require an applicant to pass an oral or written examination, or otherwise meet the approval of the board.
II. Possession of a 2-year forestry degree and 4 years experience of a nature satisfactory to the board. The board may require an applicant to pass an oral or written examination, or otherwise meet the approval of the board.
III. Possession of a 4-year degree in a related field and 4 years experience of a nature satisfactory to the board. The board may require an applicant to pass an oral or written examination, or otherwise meet the approval of the board.
IV. Possession of a 2-year degree in a related field and 6 years experience of a nature satisfactory to the board. The board may require an applicant to pass an oral or written examination, or otherwise meet the approval of the board.
V. There shall be no minimum educational requirement for licensure as a forester for applicants who have 8 years of experience within the last 10 years of a nature satisfactory to the board. The applicant shall be required to pass an oral or written exam, or otherwise meet the approval of the board.

Source. 1990, 166:5. 1996, 142:2, eff. July 23, 1996.

Section 310-A:105

    310-A:105 Applications; Fees. – Applications for licensing shall be made on forms prescribed and furnished by the board, and shall contain statements made under oath as to citizenship, residence, the applicant's education, a detailed summary of the applicant's technical experience, and shall contain the names of not less than 5 references, 3 or more of whom shall be individuals having personal or professional knowledge of the applicant's forestry experience. The fee for a license as a forester shall be fixed by the board. One-half of the fee shall accompany the application, the balance to be paid before the issuance of the license. Should the applicant fail to remit the remaining balance within 30 days after being notified by certified mail, return receipt requested, that the application has been accepted, the applicant shall forfeit the right to have the license issued and the applicant may be required to again submit an original application and pay an original fee on such application. Should the board deny the issuance of a license to any applicant, the fee deposited shall be retained by the board as an application fee.

Source. 1990, 166:5. 1995, 136:39, eff. July 23, 1995; 284:50, eff. Jan. 1, 1996.

Section 310-A:106

    310-A:106 Examination; Re-Examination; Fee. – The methods and procedure for written and oral examinations shall be prescribed by the board. A candidate failing an examination may apply for re-examination at the expiration of 6 months and shall be entitled to one re-examination without payment of an additional fee. Subsequent re-examinations may be granted upon payment of a fee to be fixed by the board.

Source. 1990, 166:5. 2014, 174:10, eff. Sept. 9, 2014.

Section 310-A:107

    310-A:107 Issuance of License; Endorsement of Documents. – The board shall issue a license upon payment of the fee as provided in this subdivision to any applicant, who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and shall have a serial number. The issuance of a license by the board shall be evidence that the person named in the license is entitled to all rights and privileges of a licensed forester while such license remains unrevoked or unexpired. Plans, maps, and reports issued by the licensee shall be endorsed with the licensee's name and license number during the life of the license. It shall be a class B misdemeanor for anyone to endorse any document with such name and license number after the license of the named licensee has expired or has been revoked, unless said license has been renewed or reissued. It shall be a class B misdemeanor for any licensed forester to endorse any plan, map or report unless the licensed forester shall have actually prepared such plan, map or report, or shall have been in the actual charge of the preparation of the same.

Source. 1990, 166:5. 1995, 136:40, eff. July 23, 1995; 284:51, eff. Jan. 1, 1996. 2021, 197:178, eff. July 1, 2021.

Section 310-A:108

    310-A:108 Expiration. – All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance.

Source. 1990, 166:5. 2011, 64:1, eff. July 1, 2011.

Section 310-A:109

    310-A:109 License Renewal. – Licenses may be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The secretary shall notify each forester one month prior to the expiration of such certificate. The applicant shall submit proof of completion of 20 hours of continuing education approved by the board at the time of license renewal, together with a record of any legal action brought against the applicant for services as a forester.

Source. 1990, 166:5. 1995, 136:41, eff. July 23, 1995.

Section 310-A:110

    310-A:110 Failure to Renew. – Failure to remit the biennial renewal fee when due or failure to submit proof of required continuing education shall automatically cancel the license. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause. A person whose license is cancelled for such failure may reinstate such license by paying, within one year of cancellation, all fees due, plus a late fee as established by the board, provided continuing education requirements have been met.

Source. 1990, 166:5. 1995, 136:41, eff. July 23, 1995.

Section 310-A:111

    310-A:111 Reciprocity. – Reciprocity shall be granted to foresters from states whose requirements, in the judgment of the board, are comparable to the requirements of this subdivision.

Source. 1990, 166:5, eff. June 30, 1991.

Section 310-A:112

    310-A:112 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II, and which specifies the grounds for such complaint. The board may utilize the services of the county extension forester in any preliminary gathering of related information.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct, or conduct unworthy of, and affecting the practice of forestry.
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the professional expertise of the forester.
(e) Mental or physical incompetency to practice under this subdivision.
(f) Willful or repeated violation of the provisions of this subdivision.
(g) Suspension or revocation of a license, issued in another jurisdiction and similar to one issued under this subdivision, which was not reinstated.
III. The board may take disciplinary action in any one or more of the following ways and notice of such action shall be provided to newspapers of general circulation in the area in which the licensee practices:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a license for a period of up to 5 years.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

Source. 1990, 166:5. 1995, 136:42, eff. July 23, 1995.

Section 310-A:113

    310-A:113 Hearings. – The board shall take no disciplinary action without a hearing. At least 14 days prior to a hearing, all parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within one year of the date of notice of a complaint received by the licensee, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner prescribed by RSA 541.

Source. 1990, 166:5. 1995, 284:55. 2014, 34:6, eff. Jan. 1, 2015.

Section 310-A:113-a

    310-A:113-a Additional Powers; Subpoenas. – The board shall have the power to subpoena witnesses and compel, by subpoena duces tecum, the production of books, papers, and documents in a case involving the suspension or revocation of licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board.

Source. 1996, 142:3, eff. July 23, 1996.

Section 310-A:114

    310-A:114 Violations; Penalty. – Any person who practices or offers to practice forestry in this state for others for compensation without a license in accordance with this subdivision, or any person presenting or attempting to use the license or seal of another, or any person who gives any false or forged evidence of any kind to the board or to any board member in obtaining or attempting to obtain a license, or any person who falsely impersonates any other licensed forester, or any person who attempts to use an expired or nonexistent or revoked license, or any person who violates any of the provisions of this subdivision, shall be guilty of a class B misdemeanor if a natural person, or guilty of a felony if any other person. The board may also impose administrative fines for violations of this subdivision in accordance with rules adopted under RSA 310-A:102, VIII which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.

Source. 1990, 166:5. 1995, 284:52. 1996, 142:4, eff. Jan. 1, 1997.

Section 310-A:115

    310-A:115 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of this subdivision on proceedings brought by the attorney general, the board, or any society of licensed foresters duly incorporated under the laws of this state.

Source. 1990, 166:5, eff. June 30, 1991.

Section 310-A:116

    310-A:116 Administrative Costs. – The fees established by the board under this subdivision shall be sufficient to produce estimated revenues equal to 125 percent of the estimated direct operating expenses of the board budgeted for the biennium in which they will apply.

Source. 1990, 166:5. 2014, 269:8, eff. July 1, 2014.

Section 310-A:117

    310-A:117 Real Estate Broker or Appraiser Credentials Not Necessary. – Notwithstanding any other provision of law, foresters licensed under this subdivision shall not be required to be licensed, certified, or registered under RSA 331-A or as real estate appraisers.

Source. 1990, 166:5, eff. June 30, 1991.

Professional Geologists

Section 310-A:118

    310-A:118 Definitions. –
In this subdivision:
I. "Board" means the board of professional geologists.
II. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.
III. "Geology" means the science dealing with the study of the earth, its origin, history, physical features and content; the investigation and interpretation of the earth's constituents including, but not limited to, its rocks, unconsolidated materials, minerals, solids, fluids, and gases, and of the natural and induced processes and forces acting on the earth; the geologic mapping of the earth's constituents and features, and the results of various processes and forces that have acted on the earth; and the geological application of the information derived from such study in the furtherance of the health, safety and welfare of the public and the environment.
IV. "Licensed professional geologist" means a person who, by reason of advanced knowledge of geology and the supporting physical and life sciences, acquired by education and experience, is technically and legally qualified to engage in the practice of geology as defined in this section and has successfully passed the examination as may be required in this subdivision and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of the profession of geology.
V. "Practice of the profession of geology" or "practice of geology" means the performance of work defined as geology in this subdivision including, but not limited to researching, investigating, consulting, geological mapping, describing the natural processes that act upon the earth's materials, predicting the probable occurrence of natural resources, predicting and locating natural or man-induced phenomena which may be useful or hazardous to mankind recognizing, determining and evaluating geological factors, and the inspection and performance of geological work and the responsible supervision thereof in furtherance of the health, safety, and welfare of the public and the environment. The term shall not include the application of geologic information in the identification or determination of engineered solutions to protect the health, safety, and welfare of the public and the environment. The term shall not include the practice of engineering, land surveying, architecture, soil science or wetland science for which separate licensure or certification is required.
VI. "Responsible charge of work" means the independent control, supervision and direction of work requiring the use of initiative, skill, and judgment.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:119

    310-A:119 Purpose. – In order to safeguard life, health, property, and the environment and to promote public welfare, the practice of geology in this state shall be regulated by the board of professional geologists.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:120

    310-A:120 Board of Professional Geologists. –
I. A board of professional geologists is established to administer the provisions of this subdivision. The board shall consist of 6 persons. Five persons shall be appointed by the governor and council, 4 of whom shall be professional geologists and one of whom shall be a public member. The sixth member shall be the state geologist. The public member of the board shall be a person who is not, and never was, a geologist or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of geologic services or an activity directly related to geology, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. Each member of the board shall be a citizen of the United States and a resident of this state. Each member except the public member and the state geologist shall have been a professional geologist for at least 10 years prior to appointment and shall have held a responsible position in charge of such work, which may include the teaching of geology, for at least 5 years prior to appointment. Experience in providing geological services for a fee, or being in responsible charge of geological work, obtained before the expiration of the period described in RSA 310-A:125, II, may count towards the requirements of this section if the member would have been eligible for licensure under RSA 310-A:125, II at the time of the relevant experience.
III. Members, except the state geologist, shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Original appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of an appointed member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies of appointed positions occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. Members of the board shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect a chairperson, vice-chairperson, and secretary. A majority of members of the board who have been approved by the governor and council shall constitute a quorum.
VI. The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
VII. The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VIII. [Repealed.]

Source. 2000, 297:3. 2004, 15:2, eff. June 4, 2004. 2021, 197:141, 143, I, eff. July 1, 2021.

Section 310-A:121

    310-A:121 Rulemaking; Fees. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) [Repealed.]
(b) The qualifications of applicants in accordance with applicable statutes, and the ethical standards required for licensure;
(c) The examination procedures in accordance with applicable statutes;
(d) License renewal, including requirements for continuing education;
(e) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards;
(f) Procedures for the conduct of hearings consistent with the requirements of due process;
(g) The design of an official seal;
(h) What constitutes geology experience for the purposes of RSA 310-A:125;
(i) Procedures for a waiver of the fundamentals of geology examination under RSA 310-A:129; and
(j) Interstate licensure and temporary permits under RSA 310-A:131.
II. [Repealed.]
III. [Repealed.]

Source. 2000, 297:3. 2009, 22:2. 2014, 174:11, eff. Sept. 9, 2014; 269:9, eff. July 1, 2014. 2021, 197:143, II, eff. July 1, 2021.

Section 310-A:122

    310-A:122 Immunity From Civil Liability. – No action or other legal proceedings for damages shall be instituted against the board or any member or employee of the board for any act done in good faith or for any neglect or default in the performance or exercise in good faith of any such duty or power.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:123

    310-A:123 Repealed by 2021, 197:143, III, eff. July 1, 2021. –

Section 310-A:124

    310-A:124 Licensure. – No person shall practice professional geology or represent oneself as a professional geologist who is not licensed by the board or whose license expired, or was canceled, suspended, or revoked, except as otherwise provided in this subdivision. Licensure to practice geology shall not be required until after the one-year period set forth in RSA 310-A:125, II has ended.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:125

    310-A:125 Requirements for Licensure as a Professional Geologist. –
I. (a) Applicants for licensure as a professional geologist shall meet the ethical standards set forth in this subdivision and shall have committed no misconduct as set forth in RSA 310-A:133, II. In addition, each applicant shall have a bachelor's degree in geology or a bachelor's degree in a related field which included 30 credit hours or 45 quarter hours in geology from an accredited 4-year college, or a master's or doctoral degree from an accredited graduate program in geology, including but not limited to degrees or credit hours in geochemistry, geohydrology, geomorphology, geophysics, groundwater geology, hydrogeology, hydrology, marine geology, mineralogy, mining geology, paleontology, petrography/petrology, sedimentology/stratigraphy/historical geology, or water resources studies; and shall present evidence suitable to the board of at least 5 years of experience in the practice of geology, of which at least 3 years must have been under the supervision of a licensed professional geologist or a geologist who otherwise meets the requirements of a licensed professional geologist as determined by the board. Applicants meeting these ethics, education and experience requirements shall be eligible to sit for an examination to be administered by the board. Unless otherwise provided, applicants shall take the examination and receive a passing score.
(b) Experience in the practice of geology, obtained before the expiration of the period described in paragraph II of this section, may count towards the experience in the practice of geology under the supervision of a professional geologist required in subparagraph I(a) of this section if the supervising geologist met the education and experience qualifications of paragraph II at the time of the relevant experience. For purposes of this section, experience in the practice of geology does not include routine sampling, laboratory work or geological drafting.
(c) A completed academic year of graduate study in geology may be applied either towards a year of the experience requirement of this section up to a total maximum of 2 years, or to the education requirement of this section, but not both.
(d) A completed academic year of college or graduate level teaching in geology may be applied towards a year of the experience requirement of this section.
II. Following the effective date of the initial adoption by the board of rules under RSA 541-A, the board may issue licenses without examination to applicants whose applications for licensure have been received during a one-year period following the effective date of adoption of rules and who either meet the education and experience requirements of subparagraph I(a) of this section, or who provide evidence satisfactory to the board of knowledge and experience equivalent to such requirements.
III. Whenever information presented in an application for licensure or renewal is determined by the board to be incomplete or insufficient, the board may require additional information as necessary to determine if the application requirements of this section have been met.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:126

    310-A:126 Ethical Standards. – No person shall be eligible for licensure as a professional geologist who does not meet the ethical standards of the profession as set forth in the Code of Ethics of the American Institute of Professional Geologists, or other standards adopted by the board.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:127

    310-A:127 Continuing Education. –
Evidence satisfactory to the board of the completion in each biennial renewal period of a minimum of 24 hours of continuing education shall be required for license renewal. The board shall identify the types of educational courses and activities that would further the professional competence of licensees. In general, the continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.
I. Applications for licensure shall be made using the method prescribed and furnished by the office of professional licensure and certification. Applications shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be professional geologists having personal knowledge of the applicant's professional experience.
II. References relating to experience in the practice of geology performed prior to the effective date of this subdivision may be provided by either a professional geologist or a person determined by the board to be of equivalent ethical standards, education, and experience who may or may not have been licensed.
III. If the board denies the issuance of a license or a temporary permit to any applicant, any initial fee deposited shall be retained as an application fee.

Source. 2000, 297:3, eff. Aug. 20, 2000. 2021, 197:142, eff. July 1, 2021.

Section 310-A:129

    310-A:129 Examinations. – [There is no RSA 310-A:128.]
Written technical examinations in geology shall be held at least annually as the board shall determine. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the board and shall be reexamined on the next regularly scheduled examination date. A candidate failing the examination 3 consecutive times shall be required to furnish evidence of additional experience, study, or education credits acceptable to the board before being allowed to proceed with the examination.

Source. 2000, 297:3. 2014, 174:12, eff. Sept. 9, 2014.

Section 310-A:130

    310-A:130 Certificates; Seals. – The board shall issue a license, upon payment of the licensing fee established by the board, to any applicant who has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed professional geologist while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "Licensed Professional Geologist." All papers or documents involving the practice of geology affecting public health, safety, and welfare, under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional geologist who prepared or had responsibility for and approved them.

Source. 2000, 297:3, eff. Aug. 20, 2000. 2021, 197:179, eff. July 1, 2021.

Section 310-A:131

    310-A:131 Interstate Licensure; Temporary Permit. –
I. Applicants who are licensed, certified, or registered in another state, provided the other state's licensing, certification, or registration requirements are substantially equivalent to or more stringent than those of this state, may be granted a license without examination upon application to the board, submission of a copy of such license, certification or registration, payment of an application fee, and submission of evidence suitable to the board of good professional standing in the other state.
II. A person having no established place of business in this state who wishes to practice or to offer to practice geology in this state may make application to the board for a temporary permit. A temporary permit may be issued which is limited to practice on a specific project in this state for a period not to exceed an aggregate of 30 days in any calendar year, provided such person is a licensed professional geologist in a state or country where the requirements and qualifications for obtaining a certificate of licensure are substantially equivalent to or more stringent than those specified in this subdivision.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:132

    310-A:132 License Expiration and Renewals. –
I. All licenses issued by the board shall expire on the last day of the licensee's month of birth the second year following the year of issuance, or upon such other biennial date as the board may adopt. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. Licensees in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.
II. Failure to remit the renewal fee when due shall automatically suspend the license. A person whose license is canceled for such failure may reinstate the license by paying, within one year of suspension, all fees due, plus a late fee as established by the board.
III. If the renewal fee is not submitted within one year of the expiration date, an application for reinstatement shall be required and approved by the board to reinstate the license.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:133

    310-A:133 Investigations and Disciplinary Proceedings. –
I. The board may undertake investigations or disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon complaint of any person which charges that a person licensed by the board has committed misconduct under paragraphs II or III and which specifies the grounds therefor.
II. A finding by the board of any of the following types of misconduct will be grounds for the revocation of a license:
(a) The practice of fraud or deceit in procuring or attempting to procure or renew a license to practice under this subdivision;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee;
(d) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision;
(e) Mental or physical incompetency to practice under this subdivision;
(f) Willful or repeated violation of the provisions of this subdivision;
(g) Providing false testimony before the board; or
(h) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of geology.
III. A finding by the board of any of the following types of misconduct may be sufficient to support revocation or suspension of a license:
(a) Unprofessional, unethical, or dishonorable conduct unworthy of, and affecting the practice of geology;
(b) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated;
(c) Violations of the rules of the ethical standards of the profession; or,
(d) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:134

    310-A:134 Investigations; Enforcement. –
I. Any employee of the board engaged in making any investigation shall have the power to administer oaths to persons pertaining to any investigation. All files of an investigation in progress shall be confidential and exempt from the provisions of RSA 91-A.
II. The superior court, upon application by the attorney general, shall have jurisdiction to issue such person an order requiring such person to appear before the board, its members or agents, and to produce evidence, if so ordered, or to give testimony. Any failure to obey such order of the court may be punishable by the court as contempt.
III. The board is hereby authorized to apply through the attorney general for relief by injunction to the superior court, to enforce the provisions of this subdivision or to restrain any violation of the provisions of this subdivision. In such proceedings, it shall be unnecessary to allege or to prove that either an adequate remedy at law does not exist or that substantial or irreparable damage would result from any continued violation. The members of the board shall not be personally liable under these proceedings.
IV. The actions by the board shall be binding upon applicants for licensure and all persons licensed under this subdivision, and shall be applicable to any business organization which shall hold a certificate or registration under this subdivision.
V. Following an investigation of any complaint relating to a violation of any provision of this subdivision by a nonregistrant, and dependent on the result of such investigation, the board may present its findings to the attorney general, who shall enforce the provisions of this subdivision.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:135

    310-A:135 Hearings; Appeals; Penalties. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, all parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. The attorney general, or a designee, shall act as legal advisor to the board if the board so requests, and render such legal assistance as deemed necessary by the board in carrying out the provisions of this subdivision. With the approval of the attorney general, the board may employ counsel and necessary assistance retained by the office of professional licensure and certification in carrying out the provisions of this subdivision. Reasonable compensation and expenses for counsel and legal assistance shall be paid from the funds of the board allocated for such purpose.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. If, after such hearing, the board finds that a violation has occurred, the board may:
(a) Reprimand, suspend, refuse to renew, or revoke any license or authorization to practice granted under this subdivision.
(b) Require a person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(c) Require a person to practice under direct supervision of a licensed professional geologist for a period of time specified by the board.
(d) Levy civil penalties for violations.
VI. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking its license may appeal the decision in accordance with RSA 541.
VII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

Source. 2000, 297:3, eff. Aug. 20, 2000. 2015, 276:55, eff. July 1, 2015.

Section 310-A:136

    310-A:136 Reissuance of Licenses. – The board, for reasons it deems sufficient, may reissue a license to any person whose license has been revoked for more than one year, or suspended, provided 3 or more members of the board vote in favor of such reissuance.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:137

    310-A:137 Violations. – The remedies and procedures provided in this subdivision are in addition to and not in substitution for other available remedies, procedures, or penalties.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:138

    310-A:138 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:124 on proceedings brought by the attorney general.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Section 310-A:139

    310-A:139 Exemptions; Practice of Professional Engineering. –
I. Nothing in this subdivision shall be construed to prevent or affect:
(a) The practice of officers and employees of the government of the United States or the state while engaged within this state in the practice of geology for the federal government or the state.
(b) Work customarily performed by archeologists, chemists, geographers, or oceanographers, providing such work does not include the design and execution of geological investigation, being in responsible charge of geological work, or the drawing of geological conclusions and recommendations.
(c) The practice of engineering by a licensed engineer, the practice of architecture by a licensed architect, the practice of forestry by a licensed forester, the practice of land surveying by a licensed land surveyor, the practice of soil science by a certified soil scientist, or the practice of wetland science by a certified wetland scientist.
(d) The practice of geology by any person under the direct supervision and control of a professional geologist, provided such work does not include being in responsible charge of final geological reports or decisions.
(e) The practice of geology by any person in the employ of academic or research institutions, agencies of federal or state government, and not-for-profit research institutions.
II. Professional engineers, when engaged in the lawful practice of professional engineering under RSA 310-A, shall not be precluded from performing work which is defined in this subdivision as within the practice of the profession of geology, nor by a requirement that such work be performed by a professional geologist.

Source. 2000, 297:3, eff. Aug. 20, 2000.

Licensing Landscape Architects

Section 310-A:140

    310-A:140 Objective. – A landscape architect, regulated by this chapter, shall undertake to perform professional services only when the landscape architect is qualified by education, training, and experience in the specific technical areas involved.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:141

    310-A:141 Definitions. –
In this subdivision:
I. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect.
II. "Landscape architectural practice" means the performance of professional services in connection with the development of land areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the setting, approaches or environment for structures of other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight or other hazards, to the extent that such services protect public health, safety and welfare. The practice of landscape architecture shall include the location, design, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph, but shall not include the design, assessment, analysis, or evaluation of structures or facilities with separate and self-contained purposes, streets or highways, utilities, storm and sanitary sewer systems and appurtenant structures, and water and sewage treatment facilities such as are exclusive to the practice of professional engineers, natural scientists, or architects as defined in this chapter. Furthermore, this practice shall not include the making of land surveys or final land plats for official approval or recording, the official mapping of soils, or the analysis, testing, and reporting of soil and bedrock conditions, delineation of wetlands or determination of soil, surface, or groundwater related to hazardous waste contamination. The practice of landscape architecture shall include:
(a) Production of graphic and written material for use in the planning and design of land development programs including:
(1) Preparation, review, and analysis of master plans and land development plans incidental to the practice of landscape architecture.
(2) Reconnaissance, planning, construction documents and specifications, and construction supervision incidental to the practice of landscape architecture.
(3) Providing professional services for feasibility studies and site selection incidental to the practice of landscape architecture.
(4) Providing professional advice on land preservation, restoration, conservation, reclamation, rehabilitation, management, and development incidental to the practice of landscape architecture.
(b) Consultation, research, stewardship, analysis, investigation, reconnaissance, and construction overview.
III. "Board" means the board of landscape architects.
IV. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:142

    310-A:142 Board of Landscape Architects; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster. –
I. A board of landscape architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be landscape architects, and one public member. The public member of the board shall be a person who is not, and never was, a member of the landscape architectural profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of landscape architectural services or an activity directly related to landscape architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. Each member of the board shall be a citizen of the United States and a resident of this state. Each landscape architect member shall have actively practiced landscape architecture for his or her means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of landscape architecture.
III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.
IV. [Repealed.]
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
VI. (a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. [Repealed.]

Source. 2006, 246:3, eff. July 1, 2006. 2021, 197:144, 148, I and II, eff. July 1, 2021.

Section 310-A:143

    310-A:143 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) [Repealed.]
(b) The qualifications of applicants in addition to those requirements set by statute, and including the qualifications for satisfactory evidence of good professional character;
(c) How an applicant shall be examined;
(d) The criteria for a license to be renewed or reinstated, including late fees and any requirements for continuing education;
(e) [Repealed.]
(f) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards;
(g) Matters related to the proper administration of this subdivision;
(h) Procedures for the conduct of hearings consistent with the requirements of due process;
(i) The design of an official seal; and
(j) The issuance of corporate practice certificates.
II. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules of professional conduct, or amendments thereto, to all affected professionals licensed by the board.

Source. 2006, 246:3. 2014, 174:13, eff. Sept. 9, 2014. 2021, 197:145, 146, 148, III, eff. July 1, 2021.

Section 310-A:144

    310-A:144 Fees. –
I. The board shall adopt rules, under RSA 541-A, which shall establish all fees required under this subdivision including the following:
(a) Examinations.
(b) Application for licensure upon passing the examination.
(c) Application for a license under RSA 310-A:149.
(d) Biennial renewal for licensed landscape architects.
(e) Late fees for a late renewal of license.
(f) Replacement of a lost or mutilated license.
(g) Transcribing and transferring records and other services.
(h) Reinstatement fees.
II. The fees established by the board under this subdivision shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply.

Source. 2006, 246:3. 2014, 269:10, eff. July 1, 2014.

Section 310-A:145

    310-A:145 Licensure Required. – No person shall practice landscape architecture in this state, except as permitted in RSA 310-A:160, without a landscape architect's license issued under this subdivision.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:146

    310-A:146 Eligibility Requirements for Licensure as a Landscape Architect. –
I. Each applicant for licensure as a landscape architect shall meet one of the following requirements:
(a) Possession of an accredited 4-year landscape architecture degree or equivalent, and 3 years professional experience under the direct supervision of a licensed landscape architect; or
(b) Possession of a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field and 5 years professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect; or
II. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
(a) Conviction for commission of a felony;
(b) Misstatement of facts by the applicant in connection with the application;
(c) Violation of any of the standards of conduct required of landscape architects as they are set forth in this subdivision or in rules adopted by the board; or
(d) Practicing landscape architecture without being licensed in violation of laws of the jurisdiction in which the practice took place.
III. Upon complying with the preliminary requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA 310-A:151, except as otherwise provided in RSA 310-A:153.
IV. Following the effective date of the initial adoption by the board of rules under RSA 541-A, the board may issue licenses to applicants whose applications for licensure have been received during a one-year period following the effective date of adoption of the rules, who provide evidence satisfactory to the board of knowledge and experience equivalent to the requirements set forth in subparagraphs I(a) or (b), and who meet the examination requirements of RSA 310-A:151.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:147

    310-A:147 Teaching Credits. – In considering the qualifications of applicants, landscape architectural teaching may be construed as landscape architectural experience.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:148

    310-A:148 Work as Contractor. – The mere execution, as a contractor, of work designed by a landscape architect or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be experience in landscape architecture.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:149

    310-A:149 Applications. –
I. Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed landscape architects having personal knowledge of the applicant's professional experience. The board shall establish fees for application and any examination required under this subdivision. Should the board deny the issuance of a license to any applicant, any initial fee deposited shall be retained as an application fee.
II. References relating to experience in the practice of landscape architecture performed prior to the effective date of this subdivision may be provided by either a landscape architect or a person determined by the board to be of equivalent ethical standards, education, and experience who may or may not have been licensed.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:150

    310-A:150 Continuing Education. – Evidence satisfactory to the board of the completion in each biennial renewal period of a minimum of 30 hours of continuing education shall be required for license renewal. The board shall identify the types of educational courses and activities that would further the professional competence of licensees. In general, the continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:151

    310-A:151 Examinations. – Written technical examination in landscape architecture shall be held at least annually as the board shall determine. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the board and shall be reexamined on the next regularly scheduled examination date.

Source. 2006, 246:3. 2014, 174:14, eff. Sept. 9, 2014.

Section 310-A:152

    310-A:152 Certificates; Seals. – The board shall issue a license upon payment of the license fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed landscape architect while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "licensed landscape architect." All papers or documents involving the practice of landscape architecture under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

Source. 2006, 246:3, eff. July 1, 2006. 2021, 197:180, eff. July 1, 2021.

Section 310-A:153

    310-A:153 Interstate Licensure. –
I. The board in its discretion may, upon application and the payment of a fee, issue a landscape architect's license to any person who holds a Council of Landscape Architectural Registration Board (CLARB) certificate, or to any person who holds an unexpired license or certificate of registration issued by any state, territory, or possession of the United States, provided that the applicant's qualifications meet the requirements of this subdivision and the rules established by the board.
II. The board may grant a landscape architect's license to any applicant who is similarly licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:154

    310-A:154 Expiration and Renewals. –
I. All licenses issued by the board shall expire on the last day of the licensee's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. Licensees in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.
II. If the renewal fee is not submitted within 12 months after the expiration date of the license, the licensee's name shall be removed from the mailing list. The board, pursuant to rules adopted under RSA 310-A:143, shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.
III. If the renewal fee is not submitted within one year of the expiration date, an application for reinstatement shall be required and approved by the board to reinstate the license.

Source. 2006, 246:3, eff. July 1, 2006. 2021, 197:147, 149, eff. July 1, 2021.

Section 310-A:155

    310-A:155 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.
(f) Mental or physical incompetency to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(i) Violations of the rules of professional conduct for landscape architects, or any other rule adopted by the board.
(j) Providing false testimony before the board.
(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.
(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of landscape architecture.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:156

    310-A:156 Hearings. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. (a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.
(b) The board may issue subpoenas with the approval of the office of the attorney general.
(c) A minimum of 10 business days' notice shall be given for compliance with a subpoena under this subdivision.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. The board, upon making an affirmative finding under RSA 310-A:155, II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed landscape architect for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
VI. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking its license may appeal the decision in accordance with RSA 541.
VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys' fees, as a condition of probation or reinstatement.
VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:157

    310-A:157 Reissuance of Licenses. – The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a charge shall be made for such issuance.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:158

    310-A:158 Violations. –
It shall be a class B misdemeanor for any natural person or a felony for any business organization to:
I. Present or attempt to use the license or seal of another as one's own;
II. Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;
III. Falsely impersonate any other licensee of like or different name;
IV. Attempt to use an expired or revoked license;
V. Practice landscape architecture or to offer, advertise or hold oneself out to the public as being in the practice of landscape architecture in this state without a license; or
VI. Violate any of the provisions of this subdivision.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:159

    310-A:159 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:158 on proceedings brought by the attorney general, the board, or any society of licensed landscape architects duly incorporated under the laws of this state.

Source. 2006, 246:3, eff. July 1, 2006.

Section 310-A:160

    310-A:160 Exemptions. –
Nothing in this subdivision shall be construed to prevent or affect:
I. The preparation of details and shop drawings by persons, other than landscape architects, for use in connection with the execution of their work.
II. The preparation of plans, drawings, and specifications for and the supervision of the construction or alteration of landscape design associated with farms, residences, or institutional or commercial uses, where the client or reviewing governmental entity does not require the stamp of a licensed landscape architect.
III. Supervision by builders, or superintendents employed by such builders, of the installation of landscape projects.
IV. Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, wetland scientist, certified professional in erosion and sediment control, natural scientist, soil scientist, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape designer, landscape contractor, irrigation contractor, irrigation designer, garden or lawn caretaker, or grader or cultivator of land, as these terms are generally used, except that no such person shall use the designation "landscape architect," "landscape architectural," or "landscape architecture" unless licensed as a landscape architect under this article.
V. The practice of architecture by an architect licensed in this state, or the practice of professional engineering or land surveying by a professional engineer or land surveyor licensed in this state, or the preparation of wetland mitigation plans by a wetland scientist, natural scientist, or soil scientist, provided that no such architect, professional engineer, wetland scientist, natural scientist, soil scientist, or land surveyor shall use the designation "landscape architect," "landscape architectural," or "landscape architecture" unless licensed as a landscape architect in this state.
VI. The practice of landscape architecture by officers and employees of the United States while engaged within the state in the practice of landscape architecture for the federal government.
VII. Professional engineers, when engaged in the lawful practice of engineering under RSA 310-A, from performing engineering work which could be defined in this subdivision as within the practice of the profession of landscape architecture.

Source. 2006, 246:3, eff. July 1, 2006.

Court Reporters

Section 310-A:161

    310-A:161 Purpose. – The purpose of this subdivision is to set appropriate standards for the proper licensure of court reporters, and to establish and maintain a standard of competency for individuals engaged in the practice of court reporting, to maintain the integrity of the transcription of the spoken word, and to contribute to the protection of the general public thereby.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:162

    310-A:162 Definitions. –
In this subdivision:
I. "Board" means the board of court reporters as created by this subdivision.
II. "Court reporter" means a person who has met the requirements set forth in this subdivision and is licensed to engage in shorthand reporting or voice writing.
III. "Machine writing" means the making of a verbatim record of the spoken word by means of the use of phonetic entries into a stenotype machine.
IV. "Secretary" shall mean the secretary of the board.
V. "Shorthand reporting" means the making by means of written symbols or abbreviations in shorthand or machine writing a verbatim record of the spoken word.
VI. "Voice reporting" means the making of a verbatim record of the spoken word by means of voice writing.
VII. "Voice writing" means the making of a verbatim record of the spoken word by means of an individual repeating the words of the speaker into a device either capable of digital translation into English text, or a device capable of creating a tape or digital recording.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:163

    310-A:163 Board. –
I. There is hereby established a board of court reporters. The board shall consist of 5 members who shall be citizens of the United States and residents of this state appointed by the governor and council, 3 of whom shall be court reporters, one of whom shall be a public member and one of whom shall be admitted to practice law in the state of New Hampshire. The public member of the board shall be a person who is not, and never was, a member of the court reporting profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of court reporting services or an activity directly related to court reporting, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment. Each court reporter member shall have actively practiced court reporting for the chief means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of court reporting. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that, for this purpose only, a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. The governor and council may remove a board member for cause.
II. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board appointed by the governor and council shall constitute a quorum.
III. The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
IV. The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.

Source. 2007, 300:1, eff. July 1, 2007. 2021, 197:150, eff. July 1, 2021.

Section 310-A:164

    310-A:164 Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The qualifications of applicants in addition to those requirements set by statute, including the qualifications for satisfactory evidence of good professional character.
II. How an applicant shall be examined.
III. The criteria for a license to be renewed or reinstated, including any requirements for continuing education.
IV. Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards.
V. Matters related to the proper administration of this subdivision.
VI. Procedures for the conduct of hearings consistent with the requirements of due process.
VII. The design of an official seal.

Source. 2007, 300:1. 2014, 174:15, eff. Sept. 9, 2014. 2021, 197:150, eff. July 1, 2021.

Section 310-A:165

    310-A:165 Designation as Licensed Court Reporter. – Any person holding a valid license as a court reporter as herein provided shall be styled and known as a licensed court reporter. No other person shall assume or use the title "licensed court reporter."

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:166

    310-A:166 Prohibition of Use of Title. – No person may assume or use the title or designation court reporter, licensed court reporter, court recorder, shorthand reporter, licensed shorthand reporter, shorthand court reporter, licensed shorthand court reporter, shorthand court recorder, verbatim reporter, verbatim court reporter, licensed verbatim court reporter, shorthand court recorder, verbatim court recorder, licensed court recorder, court stenographer, verbatim court stenographer, or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the person is such unless the person holds a valid license as prescribed in this subdivision. A court reporter may use the word "shorthand" in his or her title only if that person is licensed in the shorthand reporting method and a court reporter may use the word "verbatim" in his or her title only if that person is licensed in the voice writing method.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:167

    310-A:167 Standards of Practice. –
Court reporters, who play a role in judicial proceedings and at meetings where the spoken word must be preserved in written transcript, shall demonstrate competence in:
I. The use of verbatim methods and equipment to capture, store, retrieve, and transcribe pretrial and trial proceedings or other information.
II. Create verbatim transcripts of speeches, conversations, legal proceedings, meetings, and other events when written accounts of spoken words are necessary for correspondence, records, or legal proof.
III. Ensuring a complete, accurate, and secure legal record.
IV. Working in varieties of settings, such as taking depositions in attorney's offices, documenting proceedings of meetings, conventions, and other private activities, and documenting proceedings taking place in government agencies at all levels from the United States Congress to the state and local government bodies.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:168

    310-A:168 License Required. – Any person engaging in, offering to engage in, or appearing to engage in court reporting shall hold a valid license issued under this subdivision, designating the method by which the reporter is licensed to practice.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:169

    310-A:169 Requirements for Licensure. –
The board shall issue a license to any qualified applicant who meets the standards established under this subdivision and who holds one of the following titles:
I. Registered Professional Reporter (RPR), from the National Court Reporters Association; or
II. Certified Voice Reporter (CVR), from the National Verbatim Reporters Association.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:170

    310-A:170 Qualifications for Applicant for Licensing. –
The board shall consider any applicant for licensing who has:
I. Applied for licensing;
II. Paid the fee required; and
III. Submitted proof satisfactory to the secretary that he or she:
(a) Is not less than 18 years of age;
(b) Is a citizen of the United States or legally able to work;
(c) Is of good moral character; and
(d) Has a high school education, or the equivalent thereof, as defined by the department of education.

Source. 2007, 300:1, eff. July 1, 2007. 2021, 197:151, eff. July 1, 2021.

Section 310-A:171

    310-A:171 Fees. –
The board shall adopt rules, under RSA 541-A, which shall establish all fees required under this subdivision including fees for the following:
I. Examinations.
II. Application for licensure upon passing the examination.
III. Application for a license under RSA 310-A:170.
IV. Biennial renewal for licensed court reporters.
V. Late fees for a late renewal of license.
VI. Replacement of a lost or mutilated license.
VII. Transcribing and transferring records and other services.
VIII. Reinstatement.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:172

    310-A:172 Individual Seals Required. – Every licensed court reporter under this subdivision shall have a seal containing the name of the licensed court reporter, his or her place of business, and the words "Licensed Court Reporter, State of New Hampshire" with which he or she shall stamp all transcripts prepared by him or her or under his or her supervision for use in this state. No licensed court reporter shall affix or permit to be affixed his or her seal to any transcript not prepared by him or her or under his or her supervision, nor shall any such reporter use his or her seal or do any other act as a licensed court reporter unless holding at the time a valid license under this subdivision. Licensed court reporter's seals shall indicate the reporting method utilized as defined in RSA 310-A:162.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:173

    310-A:173 Term of License; Renewal. – The term of licensure under this subdivision shall be every 2 years. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The secretary of the board shall notify every licensee of the date of the expiration of the license and the amount of the fee that shall be required for its renewal for 2 years, such amount to be not less than $200. Such notice shall be mailed at least one month in advance of the date of expiration. Renewal may be effected at any time during the month of expiration by the payment of the fee established by the board and submission of evidence satisfactory to the board showing fulfillment of continuing education requirements. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply for licensure. The board, pursuant to rules adopted under RSA 310-A:171, shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:174

    310-A:174 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon his or her own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
(b) The practice of court reporting using a reporting method for which the person is not licensed.
(c) Conviction of a felony.
(d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
(e) Unfitness or incompetency by reason of negligent habits or other causes.
(f) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this subdivision.
(g) Mental or physical incompetency to practice under this subdivision.
(h) Willful or repeated violation of the provisions of this subdivision.
(i) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of license for a period of up to 5 years.
(c) By revocation of license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.
(e) By assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day up to a total not exceeding $2,000.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:175

    310-A:175 Hearings. – The board shall take no disciplinary action without a hearing. At least 14 days prior to the hearing, the board shall serve all parties in a disciplinary proceeding, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the board within one year of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to all parties to the proceeding upon their issuance.

Source. 2007, 300:1. 2014, 34:7, eff. Jan. 1, 2015.

Section 310-A:176

    310-A:176 Penalties. –
I. Any person who shall practice or offer to practice as a licensed court reporter in this state for others without being licensed in accordance with this subdivision shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if a business organization.
II. Any person who violates any other provision of this subdivision shall be guilty of a class A misdemeanor.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:177

    310-A:177 Surety Bond Required. – There shall be filed with each original application for licensure a bond in the form of a surety, by a reputable company engaged in the bonding business, authorized to do business in the state, for the penal sum of $1,000 with one or more sureties, to be approved by the attorney general and conditioned that the applicant conform to and not violate any of the duties, terms, conditions, provisions, or requirements of this subdivision. If any person shall be aggrieved by the misconduct of any such licensee, such person may maintain an action in his or her own name upon the bond of said licensee in any court having jurisdiction of the amount claimed. All such claims shall be assignable, and the assignee shall be entitled to the same upon the bond of such licensee or otherwise, as the person aggrieved would have been entitled to if such claim had not been assigned. Any claim or claims so assigned may be enforced in the name of such assignee. Any remedies given by this subdivision shall not be exclusive of any other remedy which would otherwise exist.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:178

    310-A:178 Continuing Education Required. – Any person holding a license shall be required to be in compliance with the continuing education requirements of the National Court Reporters Association or the National Verbatim Reporters Association depending on their method of court reporting as specified in RSA 310-A:162. Each person shall be responsible for maintaining evidence of his or her continuing education units and shall submit such evidence of continuing education units to the board annually upon renewal of their license.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:179

    310-A:179 License Number Required. – The board shall issue license numbers and all licensees shall display their license number on any transcripts produced by the licensee and on all business cards and other such information made available to the public or as dictated by the board.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:180

    310-A:180 Code of Ethics. –
The board shall adopt the National Court Reporters Association Code of Ethics as the New Hampshire board of court reporters code of ethics, including all provisions relating to giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys, clients, witnesses, insurance companies, or any other persons or entities associated with the litigation or to the representatives or agents of any of the foregoing except for:
I. Items that do not exceed $100 in the aggregate per recipient each year; or
II. Pro bono services as defined by the New Hampshire Bar Association.

Source. 2007, 300:1, eff. July 1, 2007.

Section 310-A:181

    310-A:181 Limited Notarial Function. – Any licensee under this subdivision may be permitted, in the performance of his or her court reporting duties, to place any person under oath without the separate requirement of being designated a notary public, justice of the peace, or commissioner of deeds, as specified in RSA 455.

Source. 2007, 300:1, eff. July 1, 2007.

Home Inspectors

Section 310-A:182

    310-A:182 Purpose; Scope of Practice. –
I. The purpose of this subdivision is to assure that a home inspector performs professional services only when the home inspector is qualified by education and training in the specific technical areas involved.
II. The scope of practice of home inspectors shall consist of knowledge and skill in the following areas of residential construction: heating systems, cooling systems, plumbing systems, electrical systems, structural components, foundations, roofs, exterior and interior components, and site aspects as they affect buildings.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:183

    310-A:183 Definitions. –
In this subdivision:
I. "Auxiliary services" means any fee paid services provided by the home inspector to the client in addition to a home inspection.
II. "Board" means the board of home inspectors.
III. "Client" means an individual who signs a home inspection agreement in order to have a home inspection performed.
IV. "Code of ethics" means the code of ethics followed by home inspectors who are licensed as home inspectors by the board.
V. "Home inspection" means the process by which a home inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with the board-approved standards of practice and code of ethics.
VI. "Home inspector" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of home inspections as attested by licensing as a home inspector.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:184

    310-A:184 Standards of Practice. – The board shall adopt, under RSA 541-A, minimum and uniform standards of practice which shall apply to New Hampshire home inspectors and be enforced by the board.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:185

    310-A:185 Code of Ethics for New Hampshire Home Inspectors. –
I. The code of ethics details the core guidelines of home inspection professionalism and home inspection ethics, covering crucial issues such as conflicts of interest, good faith, and public perception. Integrity, honesty, and objectivity are fundamental principles embodied by this code, which sets forth obligations of ethical conduct for the home inspection profession.
II. Inspectors shall comply with this code, avoid association with any enterprise whose practices violate this code, and strive to uphold, maintain, and improve the integrity, reputation, and practice of the home inspection profession.
III. Inspectors shall avoid conflicts of interest or activities that compromise, or appear to compromise, professional independence, objectivity, or inspection integrity. Inspectors shall not:
(a) Inspect properties for compensation in which they have, or expect to have, a financial interest.
(b) Inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property.
(c) Directly or indirectly compensate realty agents, or other parties having a financial interest in closing or settlement of real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred providers, or similar arrangements.
(d) Receive compensation for an inspection from more than one party unless agreed to by the client.
(e) Accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties.
(f) Repair, replace, or upgrade, for compensation, systems or components covered by the standards of practice, for one year after the inspection.
IV. Inspectors shall act in good faith toward each client and other interested parties.
(a) Inspectors shall perform services and express opinions based on genuine conviction and only within their areas of education, training, or experience.
(b) Inspectors shall be objective in their reporting and not knowingly understate or overstate the significance of reported conditions.
(c) Inspectors shall not disclose inspection results or client information without client approval. Inspectors, at their discretion, may disclose observed immediate safety hazards to occupants exposed to such hazards, when feasible.
V. Inspectors shall avoid activities that may harm the public, discredit themselves, or reduce public confidence in the profession.
(a) Advertising, marketing, and promotion of inspectors' services or qualifications shall not be fraudulent, false, deceptive, or misleading.
(b) Inspectors shall report substantive and willful violations of this code to the board.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:186

    310-A:186 Board of Home Inspectors. –
I. A board of home inspectors is established to administer the provisions of this subdivision. The board shall consist of 7 persons as follows:
(a) Five members shall be home inspectors, appointed by the governor and council. Each home inspector member shall hold a current and valid New Hampshire home inspector license and shall have actively practiced home inspections for a minimum of 5 years as a means of his or her livelihood prior to appointment.
(b) Two shall be public members, each to be appointed by the governor and council. Each public member of the board shall be a person who is not, and never was, a home inspector or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of home inspector services or an activity directly related to the home inspection trade. In addition, the public members shall not have held a real estate broker or salesperson license or represented the board or the trade for a fee at any time during the 5 years preceding appointment.
II. Initial home inspector appointees to the board shall not be required to hold a current and valid New Hampshire home inspector's license, but shall have been actively practicing home inspections for a minimum of 5 years as a means of his or her livelihood prior to appointment.
III. Each member of the board shall be a citizen of the United States and a resident of this state.
IV. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1.
V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board appointed by the governor and council shall constitute a quorum.
VI. The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
VII. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.

Source. 2008, 339:1. 2010, 315:1, eff. July 13, 2010. 2021, 197:152, eff. July 1, 2021.

Section 310-A:187

    310-A:187 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The qualifications of applicants in addition to requirements of this subdivision, and including the qualifications for satisfactory evidence of good professional character.
(b) The criteria for a license to be renewed or reinstated, including any requirements for continuing education.
(c) Disciplinary actions by the board that shall be implemented for violations of the standards of practice, code of ethics, and rules adopted by the board.
(d) Procedures for the conduct of hearings consistent with the requirements of due process.
(e) Procedures for approving education courses for eligibility for licensure and for a continuing education program.
(f) How an applicant shall be examined, including the form of the examination.
(g) The design of an official seal.
(h) The establishment of administrative fines which may be levied in the administration of this subdivision.
II. The board shall adopt one eligibility examination required for licensure that is an independent nationally recognized proctored examination.
III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules of or amendments thereto, to all affected professionals licensed by the board.

Source. 2008, 339:1. 2014, 174:16, eff. Sept. 9, 2014. 2021, 197:153, eff. July 1, 2021.

Section 310-A:188

    310-A:188 Fees. –
The board shall adopt rules, under RSA 541-A, which shall establish fees required under this subdivision, which shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply, including the following:
I. Application for licensure.
II. Renewal for licensed home inspectors.
III. Late fees for a late renewal of license.
IV. Replacement of a lost or mutilated license.
V. Transcribing and transferring records and other services.
VI. Reinstatement fees.
VII. Other fees or fines deemed necessary by the board.

Source. 2008, 339:1. 2014, 269:11, eff. July 1, 2014.

Section 310-A:189

    310-A:189 License Required. – Beginning January 1, 2010, no person shall practice as a home inspector or conduct home inspections in this state without a home inspector's license issued by the board under this subdivision.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:189-a

    310-A:189-a Airborne Radon Mitigation Installer Certification Required. –
I. (a) Any person engaged in the design or installation of airborne radon mitigation devices in New Hampshire shall hold a current certification from either the National Radon Proficiency Program offered by the American Association of Radon Scientists and Technologists, Inc., or the National Radon Safety Board.
(b) A person certified under subparagraph (a) shall be responsible for all workers who, under his or her supervision, perform tasks necessary to install an airborne radon mitigation device. Workers performing such tasks under the supervision of a person so certified shall not be required to be certified under subparagraph (a).
II. The board of home inspectors shall inform the public through their website that persons engaged in designing or installing airborne radon mitigation devices shall be certified under paragraph I and shall provide links to the websites of the certifying organizations.
III. Whoever falsely claims to be certified under this section through advertising, signage, or other written or oral representation shall be guilty of a violation if a natural person or guilty of a class B misdemeanor if any other person.

Source. 2014, 325:1, eff. Jan. 1, 2015.

Section 310-A:189-b

    310-A:189-b Mold Assessment Certification Required. –
I. For the purposes of this section:
(a) "Mold assessment" means:
(1) An inspection, investigation, or survey of a dwelling or other structure to provide information to the owner regarding presence, identification, or evaluation of mold;
(2) The development of a mold remediation specification or protocol; or
(3) The collection of a mold sample for analysis.
(b) "Third party certification" means a certification approved by a national nonprofit organization whose programs are accredited by ANSI (American National Standards Institute), CESB (Council of Engineering and Scientific Specialty Boards), NCCA (National Commission for Certifying Agencies), or any other accrediting body that operates in compliance with the ISO (International Organization for Standardization) standard for accrediting organizations. Certifications are credentials of industry knowledge granted to individuals by a certification body for a limited time.
II. No person shall perform residential mold assessment services for remuneration unless that person possesses a valid national third party certification for mold assessment. The individual shall not own the designation; the designation shall be owned by the certifying body. Certification holders shall meet certain requirements set by third party certification organizations in order to be recertified.
III. The board of home inspectors shall inform the public through its website that persons engaged in residential mold assessment shall be certified under paragraph II and shall provide links to the websites of the certifying organizations.
IV. Any professional hired for remuneration by a homeowner, in which the primary work contracted for is not mold assessment, shall be exempt from this section.
V. Any person who offers mold assessment services for a fee but does not comply with this chapter shall be guilty of a violation if a natural person or guilty of a class B misdemeanor if any other person.

Source. 2015, 208:1, eff. Jan. 1, 2016.

Section 310-A:190

    310-A:190 Eligibility Requirements for Licensure as a Home Inspector. –
I. Each applicant for licensure as a home inspector shall meet the following minimum requirements:
(a) Completion of no less than 80 hours of board-approved education covering all of the following core components of a residential building of 4 units or less:
(1) Heating system.
(2) Cooling system.
(3) Plumbing system.
(4) Electrical system.
(5) Structural components.
(6) Foundation.
(7) Roof covering.
(8) Exterior and interior components.
(9) Site aspects as they affect the building.
(b) Have successfully completed high school or its equivalent.
(c) Proof of passing the board-adopted examination required for licensure.
(d) Be at least 18 years of age.
(e) Submit to the board a public criminal history record information authorization form as provided by the New Hampshire state police, which authorizes the release of the applicant's public criminal history record information, if any. The applicant shall bear the cost of the public criminal history record information check.
II. A person who was actively engaged in the business of home inspection in this state as a means of his or her livelihood for at least 12 months preceding the effective date of this subdivision shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of the knowledge and experience equivalent to the requirements of subparagraph I(a). All applicants shall meet the requirements of subparagraphs I(b) through (e), pay an initial fee, and fulfill all other license application requirements.
III. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.
IV. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
(a) Conviction for commission of a felony;
(b) Misstatement of facts by the applicant in connection with the application;
(c) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or
(d) Practicing home inspections without being licensed in violation of laws of the jurisdiction in which the practice took place.

Source. 2008, 339:1, eff. July 1, 2008. 2019, 297:6, eff. July 1, 2019.

Section 310-A:191

    310-A:191 License Applications. –
I. Applications for licensure made using the method prescribed and furnished by the office of professional licensure and certification.
II. Applicants shall include the following:
(a) Proof of required education.
(b) Proof of passing the eligibility testing requirements.
(c) Payment of applicable fees.
(d) Proof of liability insurance.
(e) Any other attachments as required by the board.
III. If the board denies the issuance of a license to any applicant, any fee paid shall be retained as an application fee.

Source. 2008, 339:1, eff. July 1, 2008. 2021, 197:154, eff. July 1, 2021.

Section 310-A:192

    310-A:192 Continuing Education. – Evidence satisfactory to the board of the completion in each 2-year renewal period of a minimum of 20 hours of continuing education shall be required for license renewal, provided that one hour of the 20 required hours shall be from a board-approved course on appropriate building regulations including any recent revisions to regulations. The board shall approve educational courses and activities that would further the professional competence of licensees. The continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:193

    310-A:193 Issuance of Licenses. – The board shall issue a license upon payment of the license fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed home inspector while the license remains valid. It shall be a class B misdemeanor for the licensee to perform home inspections after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

Source. 2008, 339:1, eff. July 1, 2008. 2021, 197:181, eff. July 1, 2021.

Section 310-A:194

    310-A:194 Reciprocity. – If, in the determination of the board, another state grants reciprocity to residents of this state and is deemed to have state licensure requirements equal to or exceeding those of this state, the board may enter into a reciprocity agreement allowing applicants who are licensed under the laws of such other state to obtain a license as a home inspector in this state upon such terms and conditions as may be determined by the board.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:195

    310-A:195 Expiration and Renewals. –
I. The board shall send, by mail or otherwise, notification of the impending license expiration to each licensee at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. Licensees in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.
II. All licenses issued by the board shall expire on the last day of the licensee's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the licensee's name shall be removed from current status, and application for reinstatement shall be required to return to current status. The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee. Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. A licensed home inspector shall complete at least 20 hours of board-approved continuing education during each license period in order to maintain his or her license. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply and to be re-examined for licensure.
III. Licensees who have been activated by the military shall be exempt from any penalties or fees for renewal or reinstatement due to their absence, as approved by the board.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:196

    310-A:196 Disciplinary Action. –
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
(d) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.
(f) Mental or physical incompetence to practice under this subdivision.
(g) Willful or repeated violation of the provisions of this subdivision.
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(i) Violations of the code of ethics for home inspectors, or any other rule adopted by the board.
(j) Providing false testimony before the board.
(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.
(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of home inspections.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:197

    310-A:197 Hearings. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. (a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.
(b) The board may issue subpoenas with the approval of the office of the attorney general.
(c) A minimum of 10 business days' notice shall be given for compliance with a subpoena under this subdivision.
III. At any hearing, the named person or licensee shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. The board, upon making an affirmative finding under RSA 310-A:196, II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed home inspector for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
(g) By requiring the home inspector to obtain insurance against loss, expense, and liability resulting from errors and omissions or neglect in the performance of services as a home inspector.
VI. Any person affected by a final decision of the board may appeal such final decision to the state building code review board, pursuant to RSA 155-A:11-a.
VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys' fees, as a condition of probation or reinstatement.
VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:198

    310-A:198 Reissuance of Licenses. – The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a fee shall be charged for such issuance.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:199

    310-A:199 Violations; Penalty. –
It shall be a class B misdemeanor for any natural person or a felony for any business organization to:
I. Present or attempt to use the license of another as one's own;
II. Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;
III. Falsely impersonate any other licensee of like or different name;
IV. Attempt to use an expired or revoked license;
V. Beginning January 1, 2010, practice home inspections or to offer, advertise, or hold oneself out to the public as being in the practice of home inspection in this state without a license; or
VI. Violate any of the provisions of this subdivision.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:200

    310-A:200 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:199 on proceedings brought by the attorney general, the board, or any society of licensed home inspectors duly incorporated under the laws of this state.

Source. 2008, 339:1, eff. July 1, 2008.

Section 310-A:201

    310-A:201 Exemptions. –
Nothing in this subdivision shall be construed to prevent or affect:
I. A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities.
II. A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential structure.
III. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing an inspection on the structure if the person does not receive separate compensation for the inspection work.
IV. A person who is regulated in another profession from acting within the scope of that person's license, registration, or certification.

Source. 2008, 339:1, eff. July 1, 2008.

Septic System Evaluators

Section 310-A:202

    310-A:202 Purpose. – The purpose of this subdivision is to assure that a septic system evaluator performs professional services only when the septic system evaluator is qualified by education and training in the specific technical areas involved.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:203

    310-A:203 Definitions. –
In this subdivision:
I. "Board" means the board of septic system evaluators.
II. "Client" means an individual who pays a fee for a septic system evaluation report.
III. "Code of ethics" means the code of ethics described in RSA 310-A:205 that is followed by septic system evaluators who are licensed as septic system evaluators by the board.
IV. "Evaluation" means the process by which a septic system evaluator observes and determines the condition of a septic system at a point in time in accordance with the board-approved standards of practice and code of ethics.
V. "Evaluator" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of septic system evaluations as attested by licensure as a septic system evaluator.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:204

    310-A:204 Standards of Practice. – The board shall adopt, under RSA 541-A, minimum and uniform standards of practice which shall apply to New Hampshire septic system evaluators and be enforced by the board.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:205

    310-A:205 Code of Ethics for New Hampshire Septic System Evaluators. –
I. The code of ethics details the core guidelines of septic system evaluator professionalism and ethics.
II. Evaluators shall comply with this code, avoid association with any enterprise whose practices violate this code, and strive to uphold, maintain, and improve the integrity, reputation, and practice of the septic system evaluation profession.
III. In his or her relationship with the general public, the evaluator shall strive to protect the environment and health and welfare of the general public. To this end, the evaluator shall:
(a) Undertake only those jobs which the evaluator is qualified by education, training, and experience to perform.
(b) Not practice in any professional field in which the evaluator is not licensed or otherwise authorized to practice.
(c) Make reasonable effort to secure right of entry permission from adjacent property owners, when necessary.
(d) Disclose any financial interest the evaluator has in any project he or she presents for approval before any public agency.
(e) Not sell or donate the use of the evaluator's signature or seal to anyone.
(f) Not affix the evaluator's seal or signature to any document relating to the evaluation of a septic system that was not conducted under his or her personal supervision.
(g) Not use the license in any manner, nor state or imply one has such a license, if such license has been suspended, revoked, or terminated.
IV. In the relationship with the client, it is the evaluator's duty to protect the interests of the client insofar as such interest is consistent with state and federal law. In this relationship, the evaluator shall:
(a) Advise the client of adverse conditions immediately as they arise.
(b) Advise the client of the extent of the evaluator's services and the extent to which the evaluator is qualified to perform these services prior to negotiating or contracting to perform the work.
V. In the relationship with other professionals, the evaluator shall be aware that other professionals may be involved in different aspects or phases of the same project and that his or her relationship with these professionals shall be no different than his or her relationship with other professionals in general. In this relationship, the evaluator shall:
(a) Not attempt to injure falsely or maliciously either directly or indirectly, the professional reputation, prospects, or business of another.
(b) Not contract for completion or extension of another professional's work until a reasonable attempt to contact the prior professional has been exercised.
(c) Cooperate with other professionals with an interchange of information where such interchange does not conflict with confidential matters between the evaluator and the client.
(d) Strive to encourage contracting on the basis of availability, qualifications, and other like criteria.
(e) Understand that if the evaluator relies on information of another that he or she is responsible for that information, and should verify accordingly.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:206

    310-A:206 Board of Septic System Evaluators. –
I. A board of septic system evaluators is established to administer the provisions of this subdivision. The board shall consist of 5 persons, as follows:
(a) One member shall be a sewage disposal system designer permitted under RSA 485-A:35, appointed by the governor and council. The system designer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(b) One member shall be a sewage disposal system installer permitted under RSA 485-A:36, appointed by the governor and council. The system installer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(c) One member shall be a septage hauler permitted under RSA 485-A:4, XVI-a, appointed by the governor and council. The septage hauler member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment.
(d) One public member, appointed by the governor and council. The public member of the board shall be a person who is not, and never was, a septic system evaluator or the spouse of any such person, and who does not have, and never has had, a material financial interest in the provision of septic system design, installation, or evaluation services.
(e) An employee of the department of environmental services, appointed by the commissioner of the department of environmental services.
II. Initial septic system evaluator appointees to the board shall not be required to hold a current and valid New Hampshire septic system evaluator's license, but shall have been actively practicing septic system evaluations for a minimum of 3 years prior to appointment.
III. Each member of the board shall be a citizen of the United States and a resident of this state.
IV. No member of the board may be associated with the formal education for septic system evaluators, or be a provider or an employee of a provider for continuing education for any profession or trade certified under this subdivision.
V. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1.
VI. Members of the board shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.
VII. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members appointed by the governor and council shall constitute a quorum.
VIII. (a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.
(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.
IX. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.

Source. 2016, 266:2, eff. Jan. 1, 2017. 2021, 197:155, eff. July 1, 2021.

Section 310-A:207

    310-A:207 Rulemaking Authority. –
I. The board shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The qualifications of applicants in addition to the requirements of this subdivision, including the qualifications for satisfactory evidence of good professional character.
(b) Procedures for auditing applicants and license holders.
(c) The criteria for a license to be renewed or reinstated, including late fees and any requirements for continuing education.
(d) Professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards.
(e) Procedures for the conduct of hearings consistent with the requirements of due process.
(f) Procedures for approving education courses for eligibility for licensure and for a continuing education program.
(g) How an applicant shall be examined, including the time, place, type, and form of the examination.
(h) The design of an official seal.
(i) The establishment of administrative fines which may be levied in the administration of this subdivision.
II. The board shall adopt one eligibility examination required for licensure that is an independent recognized examination.
III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules or amendments thereto, to all affected professionals licensed by the board and the commissioner of the department of environmental services.

Source. 2016, 266:2, eff. Jan. 1, 2017. 2021, 197:156, eff. July 1, 2021.

Section 310-A:208

    310-A:208 Fees. –
The board shall adopt rules, under RSA 541-A, to establish fees required under this subdivision, which shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply, including the following:
I. Application for licensure, the fee for which shall not exceed $150 for the initial 2-year license.
II. Renewal for license holders, the fee for which shall not exceed $150 for the 2-year renewal.
III. Late fees for a late renewal of a license.
IV. Replacement of a lost or mutilated license.
V. Transcribing and transferring records and other services.
VI. Reinstatement fees.
VII. Other fees or fines deemed necessary by the board.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:209

    310-A:209 License Required. –
I. Beginning January 1, 2017, no person shall practice as a septic system evaluator or conduct septic system evaluations in this state without a septic system evaluator's license issued by the board under this subdivision, unless the person is eligible for licensure under RSA 310-A:210, II, III, or IV.
II. Beginning January 1, 2018, a person eligible for licensure under RSA 310-A:210, II, III, or IV may continue to practice as a septic system evaluator or conduct septic system evaluations in this state only if such person holds a septic system evaluator's license issued by the board under this subdivision.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:210

    310-A:210 Eligibility Requirements for Licensure as a Septic System Evaluator. –
I. Each applicant for licensure as a septic system evaluator shall meet the following minimum requirements:
(a) Completion of classroom and field training at a board-approved evaluator course.
(b) Proof of passing the board-adopted examination required for licensure.
(c) Be at least 18 years of age.
II. A person who currently holds a Granite State septic system certified evaluator designation or other recognized designation determined to be acceptable by the board shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a) or I(b). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of such designation.
III. A person who was actively engaged in the business of septic system evaluation in this state as a means of his or her livelihood for at least 5 years and who provides the board with a sworn affidavit that he or she has performed a minimum of 25 septic evaluations preceding the effective date of this subdivision shall be eligible for licensure by the board without completion of the requirements of subparagraph I(a) or I(b). An application for licensure under this paragraph shall be made within one year following the effective date of this subdivision. The applicant shall be issued a license by providing evidence satisfactory to the board of the knowledge and experience equivalent to the requirements of subparagraphs I(a) and I(b).
IV. A person who currently holds a New Hampshire septic designer permit and who provides the board with a sworn affidavit that he or she has performed a minimum of 25 septic evaluations preceding the effective date of this subdivision shall be issued a license by the board without completion of the requirements of subparagraph I(a) or I(b) upon request of the applicant. An application for licensure under this paragraph shall be made within one year following the effective date of this subdivision.
V. All applicants shall meet the requirement of subparagraph I(c), pay an initial fee, and fulfill all other license application requirements.
VI. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.
VII. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
(a) Misstatement of facts by the applicant in connection with the application;
(b) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or
(c) Practicing septic system evaluations without being licensed in violation of laws of the jurisdiction in which the practice took place.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:211

    310-A:211 License Applications. –
I. Applications for licensure made using the method prescribed and furnished by the office of professional licensure and certification.
II. Applicants shall include the following:
(a) Proof of required education.
(b) Proof of passing the eligibility testing requirements.
(c) Payment of applicable fees.
(d) Any other attachments as required by the board.
III. If the board denies the issuance of a license to any applicant, any fee paid shall be retained as an application fee.

Source. 2016, 266:2, eff. Jan. 1, 2017. 2021, 197:157, eff. July 1, 2021.

Section 310-A:212

    310-A:212 Continuing Education. – For renewal of a license issued under this subdivision, each licensee shall participate in a program of continuing education to insure continuing professional competence. Licensees shall complete in each 2-year renewal period a minimum of 6 continuing education units in approved evaluator courses for license renewal. The requirements established by the board shall specify any reasonable approach to meeting this requirement, including but not limited to, the setting of hours, the setting of fees, and the conducting of random audits of licensees.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:213

    310-A:213 Issuance of Licenses. – The board shall issue a license upon payment of the license fee established by the office of professional licensure and certification, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the license holder and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a certified septic system evaluator while the license remains valid. It shall be a class B misdemeanor for the license holder to perform septic system evaluations after the license of the evaluator has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

Source. 2016, 266:2, eff. Jan. 1, 2017. 2021, 197:158, eff. July 1, 2021.

Section 310-A:214

    310-A:214 Reciprocity. – If, in the determination of the board, another state grants reciprocity to residents of this state and is deemed to have state requirements equal to or exceeding those of this state, the board may enter into a reciprocity agreement allowing applicants who are certified under the laws of such other state to obtain a license as a septic system evaluator in this state upon such terms and conditions as may be determined by the board.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:215

    310-A:215 Expiration and Renewals. –
I. The board shall send, by mail or otherwise, notification of the impending license expiration to each license holder at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. License holders in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.
II. All licenses issued by the board shall expire on the last day of the license holder's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the license holder's name shall be removed from current status, and application for reinstatement shall be required to return to current status provided that the license holder provides satisfactory proof that all required continuing education requirements have been met. The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee. Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. If a license holder fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the license holder shall be required to reapply and to be re-examined for licensure.
III. License holders who have been activated by the military shall be exempt from any penalties or fees for renewal or reinstatement due to their absence, as approved by the board.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:216

    310-A:216 Disciplinary Action. –
I. The board may undertake disciplinary proceedings upon written complaint of any person which charges that a person certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
(b) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
(c) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the license holder.
(d) Mental or physical incompetence to practice under this subdivision.
(e) Willful or repeated violation of the provisions of this subdivision.
(f) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(g) Violations of the code of ethics for septic system evaluators, or any other rule adopted by the board.
(h) Providing false testimony before the board.
(i) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.
(j) Knowingly making or signing any false statement, license, or affidavit in connection with the practice of septic system evaluations.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:217

    310-A:217 Hearings. –
I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.
II. (a) The board shall have the power to administer oaths or affirmations and preserve testimony.
(b) The board may subpoena witnesses, and compel, by subpoena duces tecum, the production of all books, records, files, and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board with the approval of the office of the attorney general.
(c) A minimum of 10 business days' notice shall be given for compliance with a subpoena under this subdivision.
III. At any hearing, the named person or license holder shall have the right to:
(a) Appear in person, by counsel, or both.
(b) Produce evidence and witnesses.
(c) Cross-examine witnesses.
IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.
V. The board, upon making an affirmative finding under RSA 310-A:216, II, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a licensed septic system evaluator for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.
(g) By requiring the septic system evaluator to obtain insurance against loss, expense, and liability resulting from errors and omissions or neglect in the performance of services as a septic system evaluator.
VI. Any applicant or license holder aggrieved by an action of the board denying, suspending, refusing to renew, or revoking his or her license may appeal the decision in accordance with RSA 541.
VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys' fees, as a condition of probation or reinstatement.
VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:218

    310-A:218 Reissuance of Licenses. – The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a fee shall be charged for such issuance.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:219

    310-A:219 Violations; Penalty. –
I. It shall be a class B misdemeanor, for the first offense, and a class A misdemeanor for the second and any subsequent offense, for any natural person to:
(a) Present or attempt to use the license of another as one's own;
(b) Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;
(c) Attempt to use a revoked license;
(d) Beginning January 1, 2017, practice septic system evaluations or to offer, advertise, or hold oneself out to the public as being in the practice of septic system evaluation in this state without a license; or
(e) Violate any of the provisions of this subdivision.
II. It shall be a violation for any natural person to attempt to use an expired license.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:220

    310-A:220 Restraint of Violations. – The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:219 on proceedings brought by the attorney general or the board.

Source. 2016, 266:2, eff. Jan. 1, 2017.

Section 310-A:221

    310-A:221 Exemptions. –
Nothing in this subdivision shall be construed to prevent or affect the following persons from evaluating septic systems:
I. A person who is employed by a governmental entity if the inspection is within official duties and responsibilities.
II. A septic system designer holding a current valid permit issued under RSA 485-A:35.

Source. 2016, 266:2, eff. Jan. 1, 2017.