REAL
ESTATE APPRAISER BOARD
(603)
271-2219
CHAPTER
Rab 100 ORGANIZATIONAL RULES
REVISION
NOTE:
Chapters Rab 100-500 were originally
filed as interim rules under Document #5195, effective 7-29-91, which expired
11-26-91. Chapters Rab 100 through Rab
500 were filed again under Document #5435, effective 7-15-92, but page number
37 in Document #5435 was not included so the rules on that page were not
adopted. These included a portion of Rab
401.01, all of Rab 401.02, 401.03, 402.01(a), (b), and (c) and the introductory
sentence to Rab 402.01(d), (d)(1) and (d)(2).
These particular rules or portions of rules
were therefore not effective until Chapter Rab 400 was readopted with
amendments as part of Document #6958, effective 3-23-99.
PART Rab 101 DEFINITIONS
Rab 101.01 Meaning of Terms Used in Rules.
(a)
“Appraisal experience” means work that meets the requirements of Rab
302.01.
(b) “Appraisal Foundation” means “the
Appraisal Foundation” as defined in RSA 310-B:2, IV, namely, the “The Appraisal
Foundation incorporated as an Illinois nonprofit corporation on November 30,
1987. The purposes of The Appraisal
Foundation are:
(1) To establish and improve uniform appraisal
standards by defining, issuing and promoting such standards;
(2) To establish appropriate criteria for the
certification, licensing, relicensing, and recertification of qualified
appraisers by defining, issuing and promoting such qualification criteria; and
to disseminate such qualification criteria to states, governmental entities and
others; and
(3) To develop or
assist in the development of appropriate examinations for qualified
appraisers.”
(c)
“Appraisal Qualifications Board (AQB)” means that component of the
Appraisal Foundation recognized under the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (FIRREA) as responsible for developing and
disseminating guidelines for use by the various states in establishing the
education, experience, and testing requirements for the licensing and
certification of appraisers.
(d)
“Appraisal report” means “appraisal report” or “real estate appraisal
report” as those terms are defined in RSA 310-B:2, II.
(e)
“Appraisal Standards Board (ASB)” means a component of the Appraisal Foundation which is responsible, under FIRREA, for
developing and disseminating USPAP, the guidelines for use by the various
states in establishing the standards for appraisal practice.
(f)
“Appraisal Subcommittee” means the federal regulatory subcommittee of
the Federal Financial Institutions Examinations Council (FFIEC) whose duties
include the promulgation, review, and oversight of all real estate appraisal
certifications, standards, and codes embodied in FIRREA and audit of state
regulations to ensure that states are enforcing the requirements for real
estate appraisers developed by the AQB.
(g)
“Apprentice” means the real estate appraiser classification, as
described in RSA 310-B:6, I(a), consisting of those persons who are in the
process of completing the requirements for one of the other classifications of
a real estate appraiser in accordance with Rab 300.
(h)
“Board” means the New Hampshire real estate appraiser board appointed
under the provisions of RSA 310-B:4 to exercise supervision over the licensing,
certification, and the practice of real estate appraisers.
(i) “Cash flow analysis” means a study of the
anticipated movement of funds into or out of an investment.
(j)
“Certificate” means a document issued by the board stating that the
individual named thereon has met all the requirements qualifying the individual
for certification as a certified residential appraiser or certified general
appraiser.
(k)
"Certified general appraiser" means, “certified general
appraiser” as defined in
(l)
"Certified residential appraiser" means, “certified
residential appraiser” as defined in
(m)
“Commercial” means a type of real property which is used or intended to
be used for any purpose other than one to 4 family residential use.
(n)
“Commercial appraisal” means a real estate appraisal of real property
that is used or intended to be used for commercial or industrial purposes.
(o)
“Distance education” means instruction that occurs when the instructor
and student are separated by location, time, or both, and includes but is not
limited to computer based training, correspondence courses, internet-based
delivery, or any combination of these.
(p)
“Education” means formal instruction in appraisal practice, theory,
principles, standards, methods, techniques, and similar topics, approved by the
board pursuant to Rab 302.09, as meeting the requirements for certification,
licensing, or continuing education.
(q)
“Experience” means appraisal activity that provides the individual with
required knowledge through personal familiarity and exposure, and which is a
condition for licensing or certification pursuant to RSA 310-B:9 and Rab 302.
(r)
“Feasibility analysis” means a study of the cost-benefit relationship of
an endeavor.
(s)
“Financial Institutions Reform, Recovery and Enforcement Act of 1989
(FIRREA)” means the federal law, 12 USC 3331 through 3351, which created a
national regulatory system for real estate appraisers with involvement by the
Appraisal Subcommittee of FFIEC, the Appraisal Foundation, and the states.
(t)
“Investment analysis” means a study that reflects the relationship
between acquisition price and anticipated future benefits of a real estate
investment.
(u)
“License” means a document issued by the board stating that the
individual named thereon has met all the requirements qualifying the individual
for licensure as a licensed residential real estate appraiser.
(v)
"Licensed residential appraiser" means, “licensed residential
appraiser” as defined in
(w)
“Market analysis” means a study of real estate market conditions for a
specific type of property.
(x)
“Non-resident” means an individual who is not a legal resident of New
Hampshire.
(y)
“Person” means “person”, as defined in RSA 310-B:2 XXII, namely, “an
individual, firm, partnership, limited partnership, limited liability company,
association, corporation, or other group
engaged in joint business activities, however organized”.
(z)
“Practical applications of real estate appraisal (PAREA)” means an
alternative to the traditional supervisor and trainee model for residential
licensure and certification.
(aa)
“Property type” means those individual appraisal types necessary to
comply with the experience criteria in order to
qualify an individual to become a licensed residential real estate appraiser,
certified residential real estate appraiser, or a certified general appraiser.
(ab)
“Real estate appraisal” means the act or process of estimating value, an
opinion of value, or pertaining to appraising and related functions, of real
estate.
(ac)
“Residential appraisal” means a real estate appraisal for real property
that is used or intended to be used as a residence for one to 4 families including
vacant land that is intended to be used as a residence for one to 4 families.
(ad)
“Review” means the act or process of developing and communicating an
opinion about the quality of another appraiser’s work that was performed as
part of an appraisal, appraisal review, or appraisal consulting assignment.
(ae)
“Uniform Standards of Professional Appraisal Practice (USPAP)” means,
“uniform standards of professional appraisal practice (USPAP)” as defined in
RSA 310-B:2, XXIV, namely, “ the current standards of professional appraisal
practice, developed for appraisers and users of appraisal services by the
Appraisal Standards Board of the Appraisal foundation”.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6957, eff 3-23-99; ss by #9016,
eff 11-1-07;amd by #10268, eff 2-2-13; ss by #13824, eff 2-13-24
PART Rab 102 DESCRIPTION
OF THE BOARD
Rab 102.01 Meetings of the Board.
(a) The board is comprised of 5 members appointed
pursuant to RSA 310-B:4.
(b)
Pursuant to RSA 310-B:4, VII, the board elects its chair, who then
presides over all meetings of the board.
In the chair’s absence, the vice chair shall preside.
(c)
Pursuant to RSA 310-B:4, VI, board meetings are held at least quarterly,
although the board shall also meet at the call of the chair or if 4 or more
members request a meeting.
(d)
The first regular meeting of the state fiscal year is the annual meeting
at which the board shall elect its chair and vice chair.
(e)
All board meetings are noticed and open to the public as required by RSA
91-A:2.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6957, eff 3-23-99; ss by #9016,
eff 11-1-07; ss by 13824, eff 2-13-24
Rab 102.02 Address of the Board.
(a)
The board shall maintain an office at 7 Eagle Square, Concord, N.H.
03301. All correspondence with the board
shall be addressed as follows:
New
Hampshire Real Estate Appraisers Board
7
Eagle Square
Concord,
New Hampshire 03301.
(b)
The telephone number of the board shall be (603) 271-2152.
Source. #13824,
eff 2-13-24
Rab 102.03 Duties of the Board.
(a)
The board shall be responsible for carrying out the provisions of RSA
310-B and these rules.
(b)
The board shall adopt rules pursuant to RSA 541-A as necessary for its
operation and implementation of RSA 310-B.
(c)
The board shall investigate and act upon all written complaints and prescribe
disciplinary action as required per RSA 310-Band Plc 200.
(d)
The board shall establish all educational requirements for educational
programs, courses of study, and continuing education.
(e)
The board shall adopt the code of ethics and standards of professional
appraisal practice as set forth in USPAP.
(f)
The board shall establish all requirements for licensure by reciprocity.
(g)
The board shall establish all requirements for licenses, certificates,
apprentice classifications, and renewals thereof, in accordance with RSA 310-B
and these rules.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6957, eff 3-23-99; ss by #9016,
eff 11-1-07; amd by #10268, eff 2-2-13; ss by #12618,
eff 9-14-18; #13824, eff 2-13-24 (formerly Rab
102.02)
PART Rab 103
PUBLIC REQUESTS FOR INFORMATION
Source. #9016,
eff 11-1-07; #13824, eff 2-13-24
CHAPTER
Rab 200 RULES OF PRACTICE AND PROCEDURE
REVISION NOTE #1:
Document #10269, effective 2-2-13,
made many changes to the numbering and text of rules in the former Part Rab 202
through Part Rab 210. Specifically:
Rab
202 was readopted with amendments;
Rab
205 was readopted with amendments and renumbered as Rab 203;
Rab
203, Rab 204, and Rab 206 through Rab 209 were readopted with amendments and
renumbered as Rab 204 through Rab 214; and
Rab
210 was readopted and renumbered as Rab 215.
Document
#10269 also renumbered, but did not readopt, the existing rules in Rab 211 and
Rab 212, respectively, as Rab 216 and Rab 217.
The source notes for rules in Rab 216 and Rab 217 contain the document
numbers and effective dates for rules under the former rule number, as noted in
the source notes.
As
practice and procedure rules the rules in Document #10269 would not expire
except pursuant to RSA 541-A:17, II.
Document #10269 replaced all prior filings for rules in the former Rab
202 through Rab 210. The prior filings
for rules in former Rab 202 through Rab 210 included the following documents:
#5195,
INTERIM, effective 7-29-91, EXPIRED 11-26-91
#5435, effective
7-15-92
#6787,
INTERIM, effective 7-15-98, EXPIRED 11-12-98
#6958,
effective 3-23-99, EXPIRED 3-23-07
#8854,
INTERIM, effective 3-24-07, EXPIRED 9-20-07
#9017,
effective 11-1-07 (recorded as not expiring except pursuant to RSA 541-A:17,
II)
REVISION
NOTE #2:
Document #13783, effective 10-21-23,
repealed Part Rab 201 through Part Rab 217 in
Chapter Rab 200 titled “Practice and Procedure”, and renamed the chapter as “Rules
of Practice and Procedure”. Document
#13783 also adopted a new Part Rab 201 titled “Applicability and Waiver of
Substantive Rules” containing Rab 201.01 titled “Applicability of Plc 200.” Document #13783 also readopted with amendment
and renumbered the existing rule Rab 218.01 titled “Petitions for Waiver” as Rab
201.02 in the new Part Rab 201, and deleted the number and heading for the
former Part Rab 218 titled “Waiver of Substantive Rules”.
Document
#13783 replaces all prior filings affecting the rules in the former Part Rab 201
through Part Rab 217. The prior filings for
Part Rab 201 included the following documents.
Italics
indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:
#5435, effective
7-15-92
#6787,
INTERIM, effective 7-15-98, EXPIRED 11-12-98
#6958,
effective 3-23-99, EXPIRED 3-23-07
#8854,
INTERIM, effective 3-24-07, EXPIRED 9-20-07
#9017,
effective 11-1-07
The prior filings for
Rab 202 through Rab 217 after Document #10269 included the following
documents. Italics
indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:
#10777, eff 1-31-15 (Rab 203.02(b) and (c) only)
#12618, eff 9-14-18 (Rab 202.03, Rab
216.04, and Rab 218 only)
As practice and
procedure rules, the rules in Document #13783 will not expire except pursuant
to RSA 541-A:17, II.
PART
Rab 201
APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES
Rab 201.01 Applicability of
Plc 200. The Plc 200 rules shall
govern the real estate appraiser board with regards to all procedures for:
(a) Adjudicatory proceedings;
(b) Rulemaking submissions, considerations, and
disposition of rulemaking petitions;
(c) Public comment hearings;
(f) Declaratory rulings;
(g) All statements of policy and interpretation;
(h) Explanation of adopted rules;
(i) Voluntary surrender of licenses; and
(j) Petitions for waiver of Plc 200 rules.
Source. (See Revision Note at chapter heading for Rab
100 and Revision Note #1 and Revision Note #2 at chapter heading for Rab 200) #13783,
eff 10-21-23
Rab 201.02 Petitions for Waiver.
(a)
Any interested person may request the board to waive any rule not covered
by Plc 2011 by filing an original and 6 copies of a petition to the real estate
appraisers board which identifies the rule in question and sets forth specific
facts and arguments which support the requested waiver.
(b)
Petitions for waivers of substantive rules shall address whether:
(1) Adherence to the rule would cause the
petitioner hardship;
(2) The requested waiver is necessary because of
any neglect or misfeasance on the part of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would injure third
persons.
(c)
If examination of the petition reveals that other persons would be
substantially affected by the proposed relief, the board shall require service
of the petition on each such persons and advise each that she or he may file a
reply to the petition.
(d)
The petitioner shall provide further information or participate in such
evidentiary or other proceedings as ordered by the
board as necessary to complete action on the petition.
(e)
A petition for waiver of a rule which does not contain the information
required in (b) above shall be denied without further notice or hearing.
(f)
The board shall grant petitions for waiver of a rule upon finding that
good cause exists to do so based on the information supplied by the petitioner
pursuant to Rab 201.01(b).
(g) The board shall, if good cause to do so
exists, initiate waiver or suspension of a substantive rule upon its own motion
by providing affected parties with notice and an opportunity to be heard, and
issuing an order which finds that:
(1) Adherence to the rule would cause the
petitioner undue personal hardship;
(2) There is no neglect or misfeasance on the
part of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would not injure third
persons.
Source. #12618,
eff 9-14-18; ss by #13783, eff 10-21-23 (formerly Rab
218.01) (see Revision Note #2 at chapter heading for Rab 200)
CHAPTER Rab 300 APPRENTICE
CLASSIFICATION, CERTIFICATE AND LICENSE REQUIREMENTS
PART
Rab 301 APPLICATION FOR APPRENTICE
CLASSIFICATION, LICENSE OR CERTIFICATE
Rab 301.01 Application Process and Classification
Overview.
(a) A person wishing to become licensed shall submit an application form provided by the board containing
the information specified in Rab 301.02, including the application fee
specified in Rab 306.01 and the fee required by 12
U.S.C. 3338.
(b)
An application, which is not signed by the applicant, and is not
accompanied by cash, a valid check or a valid credit card for the application
fee, shall not be accepted and shall be returned to the applicant.
(c)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration pursuant to Rab 208 on the
deficiency issues identified by the board. Any such request shall be made in
writing and received by the board within 30 days of the receipt of the notification
of denial.
(d) An application for which there has been no
communication by the applicant to the board for one year shall be destroyed.
(e) Individuals may apply for the following types
of classification, licenses, and certificates issued by the board:
(1) Apprentice classification;
(2) Licensed residential
real estate appraiser;
(3) Certified residential
real estate appraiser and;
(4) Certified general real
estate appraiser.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #9550, eff 9-22-09; ss by #10270, eff 2-2-13
Rab 301.02 Application. An applicant for real estate appraiser
licensure or certification shall present the following on or with the application
provided by the board:
(a) Name and date of birth;
(b) Mailing and electronic address;
(c) Principal business address and all other
addresses at which the applicant is currently engaged in the business of
preparing real estate appraisal reports;
(d) State and county of legal residency;
(e) Business telephone number;
(f) Appraiser licenses or certificates currently
or previously held, including:
(1) State issuing
the license or certificate;
(2) License or certificate number, if applicable;
and
(2) Effective dates;
(g) Other names by which the applicant has been
or is known, and applicable dates;
(h) A statement regarding whether any appraiser
license or certificate has ever been refused, revoked, suspended or other
disciplinary action taken against the applicant for appraisal activity in any
state, including all material details relative to such action;
(i) A statement that
explains all the material details relative to any conviction, whether by
verdict or any plea, for a felony or misdemeanor as set forth in
(1) The specific statute(s) violated;
(2) The court in which such conviction occurred;
(3) The date of the conviction;
(4) The sentence imposed by the court; and
(5) Whether the sentence has been fully served;
(j) Statement of any previous applications for a
(k)
The applicant’s social security
number required pursuant to
(l) A completed qualifying education course
matrix documenting completion of the required core curriculum as specified in
Rab 302.09, including written documentation issued by the course provider that
a passing grade was achieved on each course;
(m) List of appraisal experience, on separate
sheets for residential and commercial appraisals, including the following for
each appraisal listed:
(1) File number, or other reference information used by the applicant to
retrieve the file in question;
(2) Date of the appraisal;
(3) Address of the property that was the subject
of the appraisal;
(4) The type of appraisal performed, from the
following list:
a. Residential, single family;
b. Residential, 2 to 4
family;
c. Residential building
lot;
d. Undeveloped
commercial/industrial land;
e. Single occupant
commercial/industrial property;
f. Multiple occupant
commercial/industrial property;
g. Other property types, providing
a short description of each such type;
h. Feasibility study;
i. Market analysis;
j. Cash flow; and
k. Investment analysis;
(5) The estimated value stated in the appraisal
report;
(6) The client;
(7) The credit hours requested to be granted
toward the experience requirement; and
(8) Whether the applicant requests credit hours
as a reviewer or co-signer of the appraisal report;
(n) Separately signed and dated affirmations by
the applicant that he or she:
(1) Understands and accepts that the application
shall be of a continuing nature;
(2) Shall notify the board of and supply all
changes in information submitted as part of the application prior to the
issuance of a license or certificate; and
(3) Understands the types of misconduct for which
disciplinary action can be initiated against him/her as set forth in
(o) Non-resident applicants shall submit to the
board a signed and dated irrevocable consent for service of process, as
required by
(p)
The applicant shall sign and date the application form, thereby
indicating that the application in its entirety is accurate and complete to the
best of his or her knowledge and belief; and
(q)
Applicants shall pay the application
fee specified in Rab 306.01.
Source.
(See Revision Note at chapter heading
for Rab 100) #5435, eff 7-15-92; ss by #6787, INTERIM,
eff 7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 301.03 Apprentice Application.
(a) To be considered for an apprentice classification,
the applicant shall present the following on or with the application provided
by the board:
(1) Name and date of birth;
(2) Mailing and electronic address;
(3) State of legal
residency;
(4) Daytime telephone
number;
(5) Other names by which
the applicant has been or is known, and applicable dates;
(6) A statement regarding
any apprentice credential, appraiser licenses or certificates that have been
refused, revoked, suspended or other disciplinary action for appraisal activity
in any state, including all material details relative to such action;
(7) The material details
relative to any conviction, whether by verdict or any plea, for a felony or
misdemeanor as set forth in
a. The specific statute(s) violated;
b. The court in which such conviction occurred;
c. The date of
the conviction;
d. The sentence
imposed by the court; and
e. Whether the
sentence has been fully served;
(8) A completed qualifying
education course matrix documenting completion of the required core curriculum
as specified in Rab 302.09, including written documentation issued by the
course provider that a passing grade was achieved on each course;
(9) The name of the
certified individual who will agree to serve as the apprentice’s supervising
appraiser;
(10) A written, signed, and
dated acknowledgement from the supervising appraiser; and
(11) Separately signed and
dated affirmations by the applicant that he or she:
a. Understands
and accepts that the application shall be of a continuing nature;
b. Shall notify the board of and supply all
changes in information submitted as part of the application
prior to the issuance of a license or certificate; and
c. Understands
the types of misconduct for which disciplinary action can be initiated against
him/her as set forth in
(b) Non
resident applicants shall submit to the board a signed and dated
irrevocable consent for service of process form, as required by
(c) The applicant shall sign and date the application
form, thereby indicating that the application in its entirety is accurate and
complete to the best of his or her knowledge and belief.
(d)
Applicants shall pay the application fee specified in Rab 306.01.
Source. #10270, eff 2-2-13
Rab 301.04 Additional
Requirements.
(a) Each application for classification,
licensure, or certification shall be of a continuing nature and it shall be the
responsibility of the applicant to provide changes in information to the board
at any point up to the issuance of the classification, license, or certificate.
(b) Holders of classification, licenses and certificates
shall comply with the standards of practice and standards of conduct set forth
in
(c) Each applicant shall submit to the department
of safety, division of state police, a notarized criminal record release
authorization along with any required fee, with the board identified as the
recipient of the record or records.
Source. #10270, eff 2-2-13
PART Rab 302
QUALIFICATIONS
Rab 302.01 Experience Required.
(a) Candidates shall meet the experience requirements
established by the AQB, in the “The Real Property Appraiser Qualification
Criteria and Interpretations of the Criteria”, adopted January 1, 2008 as revised on May 1, 2018. This shall include the
appendix containing the appraiser qualifications criteria adopted in December
2011, which appraisers shall comply with on and after January 1, 2015. This document shall be available as noted in
Appendix A.
(b) Each person who seeks to become a licensed or
certified real estate appraiser shall accrue at least the minimum number of
hours of experience within the minimum time period as
specified in (c)-(e) below. No person
who has accrued less than the minimum number of hours of experience or who has
accrued experience in less than the minimum time period
shall apply for licensure or certification.
However, there shall be no maximum time period
during which a candidate may accrue experience.
(c) Each person who seeks to become a licensed residential
real estate appraiser shall accrue at least 1,000 hours which shall be accrued
in no fewer than 6 months. However,
experience hours in excess of the 1,000 may be accrued,
but shall not be applied toward licensure until the person has reached the end
of the minimum 6-month period.
(d) Each person who seeks to become a certified
residential real estate appraiser shall accrue at least 1,500 hours of
appraisal experience in no fewer than 12 months. Experience hours in excess
of the 1,500 may be accrued, but shall not be applied toward licensure
until the person has reached the end of the minimum 12-month period.
(e) Each person who seeks to become a certified
general real estate appraiser shall accrue at least 3,000 hours of appraisal
experience, of which at least 1,500 hours shall have been in non-residential
appraisal work, obtained in no fewer than 18 months. Experience hours in excess
of the 3,000 total hours and 1,500 hours of
nonresidential appraisal work may be accrued, but shall not be applied toward
licensure until the person has reached the end of the minimum 18-month period.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99, EXPIRED:
3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; ss by #13216, eff 6-23-21
Rab 302.02 General Criteria for Experience.
(a) Experience shall consist of verifiable time
spent in performing tasks in accordance with:
(1) “The
Real Property Appraiser Qualification Criteria and Interpretations of the
Criteria”, adopted
(2) The requirements of the
then-current “Uniform Standards of Professional Appraisal Practice” (USPAP)
adopted by the ASB, as required by
(b) Acceptable appraising experience shall
include appraisal, appraisal review and appraisal consulting that:
(1) Was obtained after
(2) Conforms to Standards 1,
2, 3, 4 and/or 5, of USPAP; and
(3) Demonstrates
proficiency in appraisal principles, methodology, procedures, and reporting
conclusions.
(c) Appraisal experience may include, but shall
not be limited to, the following types of appraisal activities:
(1) Real property appraisals;
(2) Real property appraisal
review; and
(3) Appraisal consulting
assignments as defined by USPAP.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 302.03 General Educational
Requirements for Certification.
(a)
Each applicant as a
certified residential real estate appraiser shall hold:
(1) An associate’s degree in the field of either business
administration, finance, accounting, economics, or real estate; or
(2) A licensed residential real estate appraiser
credential for a minimum of 5 years and have no record of any adverse and final
disciplinary history during the 5 years preceding the application for
certification when the applicant does not meet the education requirement in (1)
above.
(b)
Each
applicant for certification as a general real estate appraiser shall hold at
least a bachelor’s degree, or higher, from a college or university accredited
by the Commission on Colleges, a regional or national accreditation
association, or by an accrediting agency that is recognized by the U.S.
Secretary of Education.
(c)
Each applicant as a
licensed residential real estate appraiser shall not be required to have any
college level education.
(d)
Pursuant to Rab 302.03(c) if the accredited college or university
accepts the College-Level Examination Program® (CLEP)
examination(s) and issues a transcript for the exam showing its approval, the
board shall consider such examination
result to be the equivalent of credit for the college course.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.19); ss by #10778, eff 1-31-15; ss by
#13216, eff 6-21-21
Rab 302.04 Experience Hour Standards.
(a)
The number of hours of experience that a licensed or certified residential
real estate appraiser applicant can claim shall be the actual number of hours
required to complete each assignment, up to the maximum number of hours as
indicated in Table 3.2.1 “Appraisal Type and Maximum Experience Hours For Licensed Or Certified Residential
Real Estate Appraiser” below for each appraisal type:
Table 3.2.1 Appraisal Type
and Maximum Experience Hours
For Licensed Or Certified Residential Real Estate Appraiser
Applicants
Appraisal Type |
Maximum Hours |
Residential report, single family |
8 hours |
Residential report, 2 to 4 family |
12 hours |
Residential report, building
lot |
6 hours |
Any written narrative appraisal report of a residential property |
20 Hours |
(b)
Reports prepared pursuant to (a) above shall, unless they are
narratives, be on forms such as those developed by Fannie Mae, provided that
all reports are made to comply with USPAP.
(c)
The number of hours of experience that a certified general real estate
appraiser applicant can claim shall be the actual number of hours required to complete
each assignment, up to the maximum number of hours as indicated in Table 3.2.2 “Appraisal Type and Credit Hours For Certified General Real
Estate Appraiser Applicants” below for each appraisal regardless of
value:
Table 3.2.2 Appraisal Type
and Maximum Credit Hours
For Certified General Real Estate Appraiser Applicants
Appraisal Type |
Maximum Hours |
Undeveloped land |
24 hours |
Single occupant Commercial / industrial property |
32 hours |
Multi occupant Commercial / industrial property |
40 hours |
Add for absorption analysis |
+10 hours |
Add for performing both “as is” and “value upon completion” |
+10 hours |
(d) For any appraisal that requires valuation
“before-and-after” such as in condemnation work or in the valuation of
easements, 150% of the hours cited in 302.04(a) – (c) may be claimed.
(e) Applicants shall be awarded credit for the
actual hours, up to a maximum of 40, spent in the preparation of feasibility
studies, market analysis, cash flow analysis, investment analysis and other
appraisal consulting assignments provided the reports conform to USPAP
Standards 4 and 5, if applicable, and if such work demonstrates proficiency in
appraisal principles, techniques, or skills used by appraisers practicing under
USPAP Standard 1.
(f) It shall not be necessary that there be a
client for an appraisal to qualify for experience, but experience gained for
work without a client shall not exceed 50% of the total experience requirement.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.03)
Rab 302.05 Limitation for Certified General Real
Estate Appraiser Applicants. For
certified general real estate appraiser applicants, 1500 hours of the
experience requirement may be credited from the types of appraisals set forth
in Rab 302.04 (a). However, a minimum
of 1500 hours shall be from the types of appraisals set forth in 302.04
(c). Certified general real estate
appraiser applicants who claim experience for residential property types as set
forth in Rab 302.04 (a) shall demonstrate appraisal proficiency in appraising
those property types to satisfy the experience requirements for general
certification.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.04)
Rab 302.06 Review Experience. Applicants may claim the actual time spent
for reviews of appraisals prepared in compliance with USPAP Standard 3. However, such time claimed shall not exceed 50
percent of the credit hours listed in Rab 302.04 (a) - (c), for the type of
appraisal reviewed.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.05)
Rab 302.07 Assessor Experience. Experience as a real estate assessor shall
not be substituted for real estate appraisal experience as required under this
part.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.06)
Rab 302.08 Reports, Documentation and Criteria.
(a) Experience shall be documented in the form of
appraisal reports. Applicants presenting
such experience documents shall be prepared to provide further substantiation
to verify appraisal experience documentation, and its conformity to USPAP.
(b) To be credited with the hours outlined in Rab
302.04 (a) – (c) appraisal reports shall conform to USPAP.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07; ss
by #10270, eff 2-2-13 (from Rab 302.07)
Rab 302.09 Real Estate
Appraiser Educational Requirements.
(a) “Classroom hour” means, for the purposes of
this section, at least 50 minutes of instruction or examination out of each 60
minute course segment.
(b) Experience accrued pursuant to Rab 302.02 –
Rab 302.08 shall not be substituted for education.
(c) Applicants for
apprentice classification, licensure, or certification shall complete formal
instruction in real estate appraisals and appraisal ethics and standards for
the total number of hours indicated below, pursuant to AQB’s core curriculum
requirements as described below in this section. In addition, applicants for certification
shall also meet the general education requirements in Rab 302.03.
(d) Applicants for classification as an
apprentice shall complete a minimum of 75 classroom hours in the subject areas
and in the number of hours for each subject area as set forth in Table 3.2.4
“Apprentice 75-Hour Core Curricular Requirements” below:
Table 3.2.4 Apprentice 75-Hour Core Curricular Requirements
Basic Appraisal Principles |
30 Hours |
Basic Appraisal Procedures |
30 Hours |
The 15-Hour National USPAP Course or its Equivalent |
15 Hours |
(e) All qualifying education shall be
completed within the 5-year period prior to the date of submission of an
application for an apprentice credential.
(f) Applicants for licensure as a real estate
appraiser shall complete a minimum of 150 classroom hours in the subject areas
and in the number of hours for each subject area as set forth in Table 3.2.5
“Licensed Real Estate Appraiser 150-Hour Core Curricular Requirements” below:
Table 3.2.5 Licensed Real Estate Appraiser 150-Hour Core Curricular Requirements
Basic Appraisal Principles |
30 Hours |
Basic Appraisal Procedures |
30 Hours |
The 15-Hour National USPAP Course or its Equivalent |
15 Hours |
Residential Market Analysis and Highest & Best Use |
15 Hours |
Residential Appraiser Site Valuation and Cost Approach |
15 Hours |
Residential Sales Comparison and Income Approaches |
30 Hours |
Residential Report Writing and Case Studies |
15 Hours |
(g) Applicants for
certification as a certified residential real estate appraiser shall complete a
minimum of 200 classroom hours in the subject areas and in the number of hours for
each subject area as set forth in Table 3.2.6 “Certified Residential Real
Estate Appraiser 200-Hour Core Curricular Requirements” below:
Table 3.2.6 Certified
Residential Real Estate Appraiser 200-Hour Core Curricular Requirements
Basic Appraisal Principles |
30 Hours |
Basic Appraisal Procedures |
30 Hours |
The 15-Hour National USPAP Course or its Equivalent |
15 Hours |
Residential Market Analysis and Highest & Best Use |
15 Hours |
Residential Appraiser Site Valuation and Cost Approach |
15 Hours |
Residential Sales Comparison and Income Approaches |
30 Hours |
Residential Report Writing and Case Studies |
15 Hours |
Statistics, Modeling, and Finance |
15 Hours |
Advanced Residential Applications and Case Studies |
15 Hours |
Appraisal Subject Matter Electives (may include hours over minimums
shown above) |
20 Hours |
(h) Applicants who are
a licensed residential real estate appraiser can satisfy the educational
requirements to become a certified residential real estate appraiser, as shown
in Table 3.2.6 above, by completing the additional educational hours as set
forth in Table 3.2.7 “Certified Residential Real Estate Appraiser Core
Curricular Requirements for Licensed Residential Real Estate Appraisers” below:
Table 3.2.7 Certified Residential Real Estate Appraiser Core
Curricular Requirements for Licensed Residential Real Estate Appraisers
Statistics, Modeling, and Finance |
15 Hours |
Advanced Residential Applications and Case Studies |
15 Hours |
Appraisal Subject Matter Electives |
20 Hours |
(i) Applicants for certification as a certified
general real estate appraiser shall complete a minimum of 300 classroom hours
in the subject areas and in the number of hours for each subject area as set
forth in Table 3.2.8 “Certified General Real Estate Appraiser 300-Hour Core
Curricular Requirements” below:
Table 3.2.8 Certified General Real Estate Appraiser 300-Hour
Curricular Requirements
Basic Appraisal Principles |
30 Hours |
Basic Appraisal Procedures |
30 Hours |
The 15-Hour National USPAP Course or its Equivalent |
15 Hours |
General Appraiser Market Analysis and Highest & Best Use |
30 Hours |
General Appraiser Site Valuation and Cost Approach |
30 Hours |
General Appraiser Sales Comparison Approaches |
30 Hours |
General Appraiser Income Approach |
60 Hours |
General Appraiser Report Writing and Case Studies |
30 Hours |
Statistics, Modeling, and Finance |
15 Hours |
Appraisal Subject Matter Electives (may include hours over minimums
shown above) |
30 Hours |
(j) Applicants who are a licensed residential
real estate appraiser can satisfy the educational requirements to become a
certified general real estate appraiser, as shown in Table 3.2.8 above, by
completing the additional educational hours as set forth in Table 3.2.9
“Certified General Real Estate Appraiser Core Curricular Requirements for
Licensed Residential Real Estate Appraisers” below:
Table 3.2.9 Certified General Real Estate Appraiser Core Curricular
Requirements for Licensed Residential Real Estate Appraisers
General Appraiser Market Analysis and Highest & Best Use |
15 Hours |
General Appraiser Site Valuation and Cost Approach |
15 Hours |
General Appraiser Sales Comparison Approaches |
15 Hours |
General Appraiser Income Approach |
45 Hours |
General Appraiser Report Writing and Case Studies |
15 Hours |
Statistics, Modeling, and Finance |
15 Hours |
Appraisal Subject Matter Electives (may include hours over minimums
shown above) |
30 Hours |
(k) Applicants who are
a certified residential real estate appraiser can satisfy the educational requirements
to become a certified general real estate appraiser, as shown in Table 3.2.8
above, by completing the additional educational hours as set forth in Table
3.2.10 “Certified General Real Estate Appraiser Core Curricular Requirements
for Certified Residential Real Estate Appraisers” below:
Table 3.2.10 Certified General Real Estate Appraiser Core Curricular
Requirements for Certified Residential Real Estate Appraisers
General Appraiser Market Analysis and Highest & Best Use |
15 Hours |
General Appraiser Site Valuation and Cost Approach |
15 Hours |
General Appraiser Sales Comparison Approaches |
15 Hours |
General Appraiser Income Approach |
45 Hours |
General Appraiser Report Writing and Case Studies |
10 Hours |
(l) Classroom hours shall be credited only for educational
offerings with content that follows the AQB core curriculum requirements.
(m) Courses taken to satisfy the qualifying
education requirements shall not be repetitive.
(n) Each applicant shall take the 15-Hour
National USPAP Course, or its equivalent, and pass the associated 15-Hour
National USPAP Course Examination. At
least one of the course instructors shall be an AQB Certified USPAP Instructor
who is also a state certified appraiser.
Equivalency shall be determined through the AQB.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.08); ss by #12689, eff 12-18-18
Rab 302.10 Documentation of Formal Instruction
Required.
(a) Evidence of formal instruction shall be
submitted to the board, and shall consist of written documentation issued by
the course provider, such as an official transcript, that a passing grade was
achieved.
(b) Applicants shall
submit, in addition to the materials required in Rab 302.10 (a), a completed qualifying
education course matrix, which shall be available from the board.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.09)
Rab 302.11 College Credit. Notwithstanding the provisions of Rab 302.09
(a), appraisal courses completed at a college, university, junior college or
community college shall receive 15 hours of credit for each credit hour granted
for the course by the college, university, junior college, or community
college.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.10)
Rab 302.12 Qualified Course Credit. For the purposes of meeting the requirements
of Rab 302.09:
(a) Each course of instruction shall be for a
duration of at least 15 hours;
(b) To receive credit for a course taken, the
applicant shall achieve a passing score on an examination that tests the
subject area of the course of instruction;
(c) Where the
qualifying education course includes multiple topics identified within the
Required Core Curriculum, testing of each component shall be required and the
applicant shall comply with (b) above for each such component; and
(d) Each course of instruction shall be approved
by the board pursuant to the criteria set forth in Rab 302.17.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.11)
Rab 302.13 Course Providers. For the purposes of meeting the requirements
of Rab 302.09 formal instruction shall be provided by any of the following:
(a) Colleges or universities;
(b) Community or junior colleges;
(c) Real estate appraisal or real estate related
organizations, including but not limited to the appraisal sponsors of the
Appraisal Foundation, or the National Association of Realtors® and
its affiliates;
(d) State or federal agencies or commissions;
(e) Proprietary schools; or
(f) Providers offering courses approved by the
board pursuant to Rab 302.16.
(g) The Appraisal Foundation or its Boards.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.12)
Rab 302.14 Time Limitation. Each applicant shall have obtained at least
50% of their qualifying formal appraisal instruction within the 10 years prior
to the submission of their application.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.13)
Rab 302.15 Course Content. The content of course instruction shall meet
the minimum requirements of the AQB’s Core Curriculum as detailed in their
Guide Note 1: AQB Guidance for Curriculum Content in the Real Property
Appraiser Qualification Criteria and Interpretations of the Criteria, adopted January
1, 2008, available as noted in Appendix A.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.14)
Rab 302.16 Standards for Approval of Courses. A course to be approved by the board shall
comply with the following criteria:
(a) The content of the course of instruction
shall be within those subject areas set forth in Rab 302.15;
(b) The course shall have been approved by the
AQB’s Course Approval Program (
(c) Courses of instruction shall test competency
in the subject area of the course through the use of a
final examination;
(d) Final examinations shall consist of at least
one hour of examination time for each 15 classroom hours of instruction; and
(e) Final examinations shall include questions
that test the student’s knowledge of the subject area of the course of
instruction. Course providers shall
submit sample examination questions to the board that indicate such
examinations test knowledge.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 302.15 & 302.16)
Rab 302.17 Criteria for
Course Approval.
(a) Courses seeking approval by the board shall
submit:
(1) A completed “Request for Course Approval” form, effective July
2018, as available on the board’s website;
(2) For all submissions, the
following materials:
a. A timed outline;
b. Instructor qualification
criteria;
c. Student and instructor
materials; and
d. AQB/IDECC approval letters,
if applicable; and
(3) For qualification
education, the following materials:
a. A sample final exam and answer
key;
b. List of course
prerequisites; and
c. Passing grade requirements.
(b) Course outlines, syllabi, and examinations
shall be reviewed by the board or board staff for appraisal content and approved
if the instruction indicated conforms to the AQB.
(c) The board shall grant the waiver from AQB
approval for good cause, the course provider shall submit to the board a
completed “Request for Course Approval” form, effective July 2018.
(d) A course provider seeking to offer a course
that has already been approved by the board shall submit evidence that it has
the course owner’s permission to teach that course and evidence that the
instructor’s qualifications meet or exceed those required to teach the course.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; ss by #12689, eff 12-18-18
Rab 302.18 Distance Education. Distance
education shall not be used for qualifying education.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
PART Rab 303
EXAMINATIONS
Rab 303.01 Prerequisite Educational Requirements. Each applicant for licensure, or
certification shall meet the prerequisite educational requirements set forth in
Rab 302.09 to be qualified to sit for the uniform state certification or
licensing examination approved by the AQB, offered and administered by the
testing provider approved by the AQB, and graded according to AQB standards.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 303.02 Prerequisite
Experience Requirements.
(a) Each
applicant for licensure, or certification shall
possess the prerequisite amount of experience as set forth in Rab 302.01 to sit
for the uniform state certification or licensing examination approved by the
AQB, offered and administered by the provider approved by the AQB and graded
according to AQB standards.
(b) There shall be no maximum time limit during
which experience may be obtained however at least 25% of the experience
requirement shall have been met in the 3 years prior to the submission of the
application.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 303.03 Examination Required.
(a) A passing score on the uniform state
certification or licensing examination shall be achieved in
order to qualify for any classification, license, or certificate
described in Rab 301.01(e).
(b) The examination shall be the Uniform State
Appraiser Examination developed by the Appraiser Foundation or approved by the
AQB.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07,
EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 303.04 Notification of Examination Date;
Identification.
(a) Applicants meeting the prerequisite educational
and experience requirements in Rab 302 shall be notified in writing by the
board or its agents of their status to sit for the certification or licensing
examinations.
(b) The notification pursuant to (a) above shall
include a validation card with information concerning testing and fees.
(c) The notification and validation card in (a)
and (b) above shall be sent to each applicant upon approval of his or her
application to sit for the examination.
(d) To gain admittance to the examination, applicants
shall present the following to the examination administrators at the time of
the examination administration:
(1) A validation card; and
(2) Picture identification
of the applicant, including but not limited to a valid:
a. Driver's license;
b. Non-driver identification card issued by any
state’s division of motor vehicles or analogous agency;
c. Student identification card; or
d. Passport.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 303.05 Examination Deadlines. A
new applicant not currently licensed or certified in another jurisdiction,
shall have up to 24 months, after approval by the board, to take and pass an
AQB approved qualifying examination for licensure or certification. Successful
completion of the examination shall be valid for a period of 24 months.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
PART Rab 304 RECIPROCITY
Rab 304.01 Reciprocal
Licensing and Certification.
(a) A person licensed or certified as a real estate
appraiser in another state and whose license or certificate is in good standing
may obtain a New Hampshire license or certificate through reciprocity if:
(1) The person submits a
completed application for a license or certificate, as specified in Rab 301,
and pays the required fees; and
(2) The person is listed as
being active and AQB compliant in the Appraisal Subcommittee’s National
Appraiser Registry.
(b) Each applicant for a certificate or license
applying for reciprocity under (a) above shall be exempt from the examination
requirements of Rab 303.03, provided that the applicant submits:
(1) An executed “Irrevocable
Uniform Consent to Service of Process” form as required by
(2) A photocopy or similar
evidence of the current out-of-state license or certificate held that clearly
displays:
a. The name of the holder;
b. The license or certificate
number, and
c. Applicable expiration dates.
(c) A license or certificate shall be issued if
the applicant meets all requirements of this section.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; ss by #10369, INTERIM, eff 6-27-13, EXPIRES: 12-24-13;
ss by #10418, eff 9-24-13; ss by #12689, eff 12-18-18
PART Rab 305 APPRENTICE
CLASSIFICATION
Rab 305.01 Responsibilities of Apprentice.
(a) The holder of an apprentice classification
document issued by the board and identifying the person as a real estate
appraiser apprentice shall work only under the direct supervision of a
supervising appraiser. Only an
individual who meets the requirements of Rab 305.02(e) and who has acknowledged
in writing his or her agreement to perform the responsibilities of a supervisor
set forth in Rab 305.02 shall be accepted by the board as a supervising
appraiser.
(b) Prior to commencing any work as an
apprentice, the holder of an apprentice classification shall inform the board
in writing of the identity of any individuals who have agreed to serve as a
supervising appraiser for the apprentice.
The holder of an apprentice classification shall inform the board in
writing within 7 days of any individual previously designated as a supervising
appraiser ceasing to agree to perform the responsibilities of a supervising
appraiser, or if any individual not previously designated as a supervising
appraiser agreeing to supervise the work product of the apprentice.
(c) The holder of an apprentice classification
shall have the following duties and responsibilities:
(1) The apprentice shall
maintain and submit to the board upon application for classification renewal a
log which meets the requirements set forth in Rab 305.03;
(2) The apprentice shall
ensure that the log is available during normal work hours for immediate
inspection by the board or its agent;
(3) When performing
appraisal assignments, the apprentice shall carry on his or her person the
classification document issued by the board identifying the holder as a real
estate appraiser apprentice; and
(4) To comply with the
Competency Rule of USPAP.
(d) In the event a supervising appraiser can no
longer provide direct supervision to an apprentice and the apprentice does not
have another supervising appraiser, the apprentice shall return the
classification document within 30 days to the board. However, the board shall reissue the
classification document to the apprentice when the apprentice has obtained a
new supervising appraiser.
(e) The apprentice appraiser shall not have no
more than 2 supervising appraisers.
(f) The apprentice shall complete an AQB approved course
specifically oriented to the responsibilities of supervisory and apprentices
commencing on and after January 1, 2015.
Source. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 305.02 Responsibilities of Supervising Appraiser.
(a) An appraiser who agrees to serve as a
supervising appraiser to an apprentice shall acknowledge in writing to the
board that he or she agrees to perform all responsibilities set forth in (b)
below.
(b) A supervising appraiser shall have the
following duties and responsibilities in directly supervising the apprentice:
(1) The supervisor shall at all times be responsible for and provide direct
supervision of the work performed by the apprentice by:
a. Accepting responsibility for the appraisal report by signing and certifying
that the report complies with USPAP;
b. Reviewing and signing the apprentice appraiser’s appraisal report(s);
c. Personally inspecting
each appraised property with the apprentice appraiser until the supervising
appraiser determines the apprentice appraiser is competent, in accordance with
the Competency Rule of USPAP for the property being appraised; and
d. The supervising appraiser
shall be able to demonstrate that he or she has sufficient geographic competence to appraise the subject property until such
time that the supervising appraiser determines that the apprentice appraiser is
competent;
(2) The supervisor shall,
at least once a month, sign the log required to be kept by the apprentice
pursuant to Rab 305.03;
(3) The supervisor shall
set forth on the signed log his or her certification number;
(4) The supervisor shall
make available to the apprentice copies of any appraisal report in which the
apprentice’s work product has been utilized or in which the apprentice made
professional contribution;
(5) The supervisor shall
immediately notify the board, in writing, in the event that
he or she ceases to perform the responsibilities set forth in this section;
(6) The
supervising appraiser shall complete an AQB approved course specifically
oriented to the responsibilities of
supervisory and apprentices commencing on and after January 1, 2015; and
(7) The supervisor shall
keep copies of all apprentice appraiser reports for the longer of:
a. A
period of at least 5 years; or
b. At
least 2 years after final disposition of any judicial proceeding in which
testimony was given, whichever period expires last.
(c) “Directly supervise” for purposes of this
section, means to:
(1) Personally review the
work product of the apprentice;
(2) Approve and sign each
appraisal report including work product prepared by the apprentice or in which
the apprentice has made a professional contribution and to sign all such
reports and certify that all such reports have been independently and impartially
prepared in compliance with USPAP, these rules, and
(3) Identify the apprentice
by name in the certification section and summarizing within the report the
extent of the assistance provided by the apprentice appraiser if he or she does
not sign the appraisal report.
(d)
A supervising appraiser shall be a
(e)
For the purpose of (d) above, being in good standing shall require that all of the following are true:
(1) The certified appraiser is not currently
subject to a board-approved consent agreement, order or any other State or
jurisdiction imposed sanction that affects the certified appraiser’s
eligibility to practice and that results in prohibition
of supervision within the last 3 years;
(2) The certified appraiser is not subject to a
summary order or final order that includes terms that affect the certified
appraiser’s eligibility to practice and that results in prohibitions of
supervision; and
(3) The appraiser’s certificate or license is not
suspended or revoked.
(f) No supervising appraiser shall supervise more
than 3 apprentices at one time.
Source. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; amd by #10659, eff 8-23-14;
amd by #10856, eff 6-23-15
Rab 305.03 Real Estate Appraiser Apprentice Log.
(a) An apprentice real estate appraiser shall
maintain an appraisal log that includes the following information concerning
each appraisal assignment in which the apprentice participates:
(1) The name and address of
the client;
(2) The type of appraisal report;
(3) The address of the
appraised property;
(4) A description of work
performed; and
(5) The number of hours
claimed for the assignment.
(b) Appraisal logs submitted to the board shall
indicate the nature of the apprentice’s participation in each assignment.
(c) The apprentice shall set forth within the
log, for each assignment, information indicating whether the apprentice was
involved in obtaining, calculating or preparing the following:
(1) Land/site inspections and
descriptions;
(2) Building inspections
and descriptions;
(3) Neighborhood
descriptions and analysis;
(4) Highest and best use
analysis;
(5) Research of comparable
sales and analysis;
(6) Cost analysis;
(7) Income analysis for
income properties;
(8) Meaningful sales
analysis;
(9) Correlation of data
into final value; and
(10) Any other components
of the appraisal process.
Source. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
PART Rab 306 FEE SCHEDULE
PART Rab 306
FEE SCHEDULE
Rab
306.01 Maintenance of a Fee Schedule. Application, classification, certification,
renewal, and license fees shall be as follows:
(a) The application fee shall be $150.00;
(b) The apprentice classification fee shall be
$150.00 per year;
(c) The fee for licenses shall be $400.00 for a 2
year term;
(d) The fee for certificates shall be $400.00 for
a 2 year term;
(e) The application fee for registration of
appraisal management companies shall be $900.00, plus $25.00 per appraiser who
performed an appraisal for the company on a covered transaction within New
Hampshire in the last year;
(f) The renewal fee for registration of appraisal
management companies shall be $800.00 per year, plus $25.00 per appraiser who
performed an appraisal for the company on a covered transaction within New
Hampshire in the last year;
(g) The temporary permit practice fee shall be
$250.00;
(h) The biennial renewal fee for a license or
certification shall be $250.00, unless (i) applies;
(i) The renewal fee for individuals licensed less than 24 months in a
biennial renewal period shall be the federal registration fee required pursuant
to RSA 310-B:5, II and $13.34 for each month licensed;
(j) The licensee shall pay a late fee of $50, in
addition to the regular renewal fee, for renewal of a license up to 6 months
after license expiration; and
(k) The fee for rosters showing names,
classification, and place of business of all real estate appraisers licensed or
certified under this chapter shall be $25.00.
Source. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #9551, eff 9-22-09; ss by #10270, eff 2-2-13; amd
by #10335, eff 5-9-13; ss by #12689, eff 12-18-18; ss by #12826, eff 7-18-19
Rab 306.02 Fees.
(a) All fees shall be paid in the form
of cash, money order, bank draft, credit card
or check payable to: “Treasurer, State of New Hampshire” and shall be
non-refundable.
(b) Whenever any check is returned to the board
as uncollectible, the board shall, pursuant to
Source. #10270, eff 2-2-13;
ss by #12689, eff 12-18-18
PART Rab 307 TEMPORARY
PRACTICE
Rab 307.01 Purpose. The purpose of this part is to permit
appraisers certified or licensed in another state but not certified or licensed
in this state to engage in limited temporary appraisal practice in this state
when the properties to be appraised are part of federally-related transactions
as defined in
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13
Rab 307.02 “Assignment” means one or more real estate
appraisals and resulting written appraisal reports that are the subject of a
single contract to provide an appraisal.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13
Rab 307.03 Issuance of Temporary Practice Permit. The board shall issue a temporary practice
permit as described in Rab 307.04 to an appraiser who is not certified or
licensed in this state but is currently certified or licensed in another state
when:
(a) The property or properties to be appraised
under the temporary practice permit are part of a federally-related
transaction;
(b) The appraiser’s business is of a temporary nature;
and
(c) The appraiser is personally eligible for and
applies for such a permit pursuant to Rab 307.06.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13
Rab 307.04 Temporary Practice Permits.
(a) A temporary practice permit shall confer on
the appraiser to whom it is issued the right to perform a specific appraisal
assignment.
(b) Temporary practice permits shall be issued
with the following limitations:
(1) The appraisal or appraisals
shall be limited to the class of licensure or certification from among the
classes listed in
(2) Each temporary practice
permit shall be valid for a single assignment; and
(3) Each temporary practice
permit shall be valid for an initial duration of 6 months, renewable one time
upon notice to the board.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13; ss by #12689, eff 12-18-18
Rab 307.05 Rights and Obligations of Holders of
Temporary Practice Permits.
(a) Holders of temporary practice permits shall
comply with
(b) Holders of temporary practice permits shall
develop their appraisals and issue their appraisal reports in conformance with
USPAP.
(c) The board shall take disciplinary action
against a holder of a temporary practice permit for any act or omission for
which the board would take action against an appraiser
licensed or certified by the board.
(d) Following disciplinary action against a
holder of a temporary practice permit, the board shall forward to the
regulatory body of the state that issued the underlying certification or
license a copy of the evidence upon which the disciplinary action was based and
a copy of the decision and order of the board.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13
Rab 307.06 Temporary Practice Permit Application
Procedure.
(a) Application for a temporary practice permit
shall be made by submitting prior to beginning any appraisal in
(1) A completed Temporary
Practice Permit Application as further described in Rab 307.07;
(2) The documents specified
in Rab 307.08; and
(3) The permit fee in the
amount and form specified in Rab 306.01.
(b) Within 5 business days of its receipt of the
materials described in and submitted pursuant to (a) above, the board shall
either deny the permit application in writing or issue a temporary practice
permit bearing a temporary practice number.
(c) A temporary practice permit shall be granted
only if:
(1) The application was
timely and complete; and
(2) The applicant paid the
required fee.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13
Rab 307.07 Application Form. The applicant shall provide the following on
or with the Temporary Practice Permit application form obtained from the board:
(a) Whether the applicant is a state licensed
appraiser, state certified residential appraiser, or state certified general
appraiser;
(b) The name of the applicant;
(c) The applicant’s residential address;
(d) The applicant’s business address;
(e) The applicant’s business and residence
telephone numbers;
(f) The applicant’s fax number;
(g) The applicant’s date of birth;
(h) The applicant’s tax identification number;
(i) The applicant’s drivers license number;
(j) The state that issued the applicant’s
appraiser license or certification;
(k) The telephone number of the state regulatory
body that issued the applicant’s appraiser license or certification;
(l) The license or certificate number;
(m) Whether the applicant has ever been found
guilty, whether by verdict or pursuant to a plea of any kind, of a misdemeanor
or felony described in
(n) Whether the applicant or any partnership or
corporation in which the applicant was a legal or financial participant has
ever been disciplined, sanctioned, or fined or had a license, certificate or
registration suspended, revoked, surrendered or resigned by the board or agency
issuing the license, certificate or registration;
(o) Whether the applicant has ever been denied a
real estate appraiser license or certification or a non-resident temporary
practice registration or permit;
(p) The name of the applicant’s client;
(q) The name of the contact person for the
client;
(r) The addresses, including city, county, and
state, of the properties to be appraised;
(s) The types, whether industrial building,
farmland or the like, of the properties to be appraised;
(t) Whether the properties to be appraised are
part of a federally-related transaction;
(u) Whether the appraisals sought to be permitted
are under a single contract with a single client; and
(v) The estimated time required to complete the applicant’s
assignment.
(w)
Applicants shall pay the application fee specified in Rab 306.01.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13
Rab 307.08 Documents Required
to Accompany Application Form. The
following documents shall be submitted with the completed “Application for
Licensure/Certification as a Real Estate Appraiser” form, as specified in Rab
301:
(a) In the case of an affirmative response to Rab
307.07(m), (n), and (o), a written explanation addressing all material facts
and copies of all official documents relating to the explanation;
(b) A copy of the applicant’s current
out-of-state appraiser license or certification;
(c) A copy of the engagement letter or contract
covering the appraisals sought to be permitted; and
(d) A fully executed irrevocable consent for
service of process as required pursuant to RSA 310-B:11, I.
Source. #7648, eff 2-20-02;
ss by #9018, eff 11-1-07; ss by #10270, eff 2-2-13; amd by #10418, eff 9-24-13; ss by #12689, eff 12-18-18
PART Rab 308 REGISTRATION OF APPRAISAL MANAGEMENT
COMPANIES
Rab
308.01 Appraisal Management Company
Requirements.
(a) Appraisal management companies offering
appraisal services in New Hampshire shall meet the requirements established
pursuant to
(b) Each appraisal management company shall
designate one controlling person who is an employee of the appraisal management
company that will be the designated contact for all communication between the
board and the appraisal management company.
(c) No appraisal
management company applying for a certificate of registration shall:
(1)
Be owned by or employ any person to perform job functions related to the
ordering, preparation, performance or review of appraisals who has had an
appraiser license or certificate in this state or in any other state, refused,
denied, cancelled, surrendered in lieu of revocation, or revoked, unless such
license or certificate was subsequently granted or reinstated; and
(2) Be more than 10 percent owned by a person who
has been convicted of, or entered a plea of nolo contendere to, a felony
relating to the practice of appraisal, banking, mortgage lending or the provision
of financial services, or any crime involving fraud, misrepresentation or moral
turpitude.
(d)
Applicants for appraisal management company registration shall provide,
or cause to be provided, the following on or with a “Appraisal Management
Company (AMC) Application for Practice in New Hampshire” form supplied by the
board:
(1)
The applicant company’s name, including any names previously used, and
AMC number;
(2)
The fictitious name or names listed as doing business (dba) under which
it does business in any state;
(3)
The applicant’s business addresses, contact person(s), email address,
and telephone numbers;
(4)
An indication as to whether the applicant is a single state or multi-state
company;
(5)
The applicant’s employer identification number (EIN);
(6)
The name and address of the company’s agent if the person is not a
corporation that is domiciled in this state, for service of process in this
state;
(7)
The names, and addresses, of any individual or any corporation,
partnership, or other business entity that owns 10 percent or more of the appraisal
management company;
(8) A statement indicating whether the
company is more than 10 percent owned by a person who has been convicted of, or
entered a plea of nolo contendere to, a felony relating to the practice of
appraisal, banking, mortgage lending, or the provision of financial services, or
any crime involving fraud, misrepresentation, or moral turpitude;
(9) Name, address, and email
address of one controlling person designated as the main contact for all
communication between the appraisal management company and the board;
(10) A statement indicating that the appraisal
management company has a system and process in place to verify that an
individual being added to the appraiser panel of the appraisal management
company holds a license in good standing in this state;
(11) A statement that the person requires appraisers
completing appraisals at its request to comply with USPAP including the
requirements for geographic and product competence;
(12) A statement indicating that the person has a
system in place to verify that only licensed or certified appraisers are used
for federally related transactions;
(13) A statement indicating that the
person has a system or process to require that appraisals are conducted
independently and free from inappropriate influence and coercion as required by
the appraisal independence standards established under section 129E of the
Truth in Lending Act, including the requirement that fee appraisers be
compensated at a customary and reasonable rate when the appraisal management
company is providing services for a consumer credit transaction secured by the
principal dwelling of a consumer;
(14) A statement indicating that the person
maintains a detailed record of each service request that it receives and the
appraiser that performs the residential real estate appraisal services for the
appraisal management company;
(15) A statement indicating the applicant gives
permission to the board to examine books and records and to provide such
records to the board upon request;
(16) A statement that the applicant will only
employ appraisers duly certified or licensed by the board to perform appraisals
within the state, and that the applicant will verify such licensure prior to
issuing an appraisal assignment;
(17) A statement indicating whether the applicant
is or ever has been subject to any disciplinary action taken by any other real
estate appraisal licensing entity and, if so, a description of such action;
(18) A statement indicating whether the entity for
which the application is submitted has ever been convicted of a crime and, if
so, a description of such conviction and copies of relevant court documents;
(19) A statement indicating whether the entity for
which the application is submitted has any criminal charges pending in any
jurisdiction and, if so, a description of such charges and copies of the
charging documents;
(20) The applicant’s dated signature;
(21) If the appraisal management company is not
domiciled in New Hampshire, an irrevocable uniform consent to service of
process, required pursuant to
(22) The application fee specified in Rab 306.01.
(e) Each applicant shall submit to the department
of safety, division of state police, a notarized criminal record release authorization
along with any required fee, with the board identified as the recipient of the
record or records.
(f) Applicants for appraisal management company
registration shall be of good moral character, as evidenced by:
(1) The past disciplinary history with
this board of any individual that owns 10% or more of the appraisal management
company. If the appraisal management
company is wholly owned by another company, the past disciplinary history of
the CEO or head of that company;
(2)
The answers to questions Rab 308.01(d)(17)–(19), as provided on the
application form; and
(3)
Any criminal offender record reports obtained pursuant to (e) above.
Source. #10270, eff 2-2-13; amd by #12689, eff 12-18-18; ss by #12826, eff 7-18-19
CHAPTER
Rab 400 CONTINUED STATUS
PART Rab 401 RENEWALS
Rab 401.01 Renewal Requirements.
(a) Pursuant to
(b)
Biennially, the board shall issue a pocket card upon receipt of the
biennial renewal form and fee. The card
shall certify that the appraiser holds a license in good standing and is
authorized to perform appraisals to the date of expiration as shown on the
card.
(c) The following requirements shall be met for
renewal of an apprentice classification, a license or a certificate:
(1) The applicant shall
apply for renewals on a renewal form provided by the board;
(2) The applicant for renewal shall have completed the applicable
continuing education requirements set forth in Rab 403 prior to submitting a
renewal application; and
(3) The applicant shall
submit the applicable fee set forth in Rab 306.01 with the application for
renewal.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 401.02 Renewal Application. The applicant shall supply the following on
or with the “Real Estate Appraiser Renewal Form” for license renewal:
(a) The applicant’s full name;
(b) The applicant’s license number;
(c) The applicant’s
mailing address, electronic address, home phone number, and work phone number;
(d) Principal business address and all other
addresses at which the applicant is currently engaged in the business of
preparing real estate appraisal reports;
(e) A statement indicating that the applicant has
complied with the continuing education requirements of Rab 403;
(f) A log showing the type and date of continuing
education activity claimed, sponsoring provider, and continuing education hours
earned;
(g) A statement indicating whether the applicant
has been convicted of any felony or misdemeanor since the last renewal that has
not been annulled by a court pursuant to RSA 651:5 and, if not annulled, the
name of the court in which the conviction occurred, the details of the offense,
the date of conviction, and the sentence imposed;
(h) A statement indicating any disciplinary or
legal action brought against the applicant by any appraiser board of licensing
authority since the last renewal or not previously disclosed to the board;
(j) A statement indicating that the applicant has
adhered to the ethical and professional standards of Rab 500;
(k) Acknowledgment that the provision of
materially false information in the application knowingly provided is a basis
for denial;
(l) Acknowledgement that, if the applicant
provided false information that is discovered after the license is renewed, it
shall be a basis for disciplinary action by the board;
(m) The applicant’s signature under penalty of
unsworn falsification and date; and
(n) The application fee specified in Rab 306.01.
Source. #10270, eff 2-2-13;
ss by #12689, eff 12-18-18
Rab 401.03 Denial of Renewal.
(a)
Renewal applicants shall be investigated for the purpose of verifying
all application materials.
(b)
The board shall notify the applicant of any deficiencies in the renewal
application within 60 days of receipt. Failure to remedy the deficiencies
within 60 days thereafter shall result in denial of the renewal application. An
application shall be considered complete when all deficiencies are
corrected.
(c)
Renewal shall be denied if, after notice and an opportunity for hearing,
there is a finding of:
(1) Noncompliance
with the continuing education requirements of Rab 403;
(2) Any unethical or unprofessional act for which
discipline shall be imposed under Rab 500;
(3) Reasons for
which an initial application would have been denied; or
(4) Failure to
furnish complete or accurate information on a renewal license application.
Source. #10270, eff 2-2-13
Rab
401.04 Appraisal Management Company Renewal. Appraisal management company registrations
shall expire on December 31 each year. A renewal notification shall be sent to
all registered appraisal management companies at least one month prior to
expiration.
Source.
#10270, eff
2-2-13
Rab 401.05 Appraisal Management
Company Renewal Application. Each
applicant for annual renewal of the appraisal management company registration
shall provide the completed form required pursuant to Rab 308.01 (d).
Source. #10270, eff 2-2-13
PART
Rab 402 revocation, suspension,
Rab 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct investigations,
settlements of misconduct allegations, or disciplinary hearings, when
warranted, in response to any information which reasonably suggests that a
licensee has engaged in professional misconduct.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 402.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by
(1) After prior notice and an opportunity to be heard;
or
(2) Pursuant to a mutually agreed upon
settlement.
(b)
After a finding that an appraiser has committed misconduct, the board
shall impose one or more of the disciplinary sanctions authorized by
(c)
When a person subject to the board’s disciplinary authority is found,
after notice and opportunity for hearing, to have committed misconduct, the
board shall impose sanctions after considering aggravating and mitigating
factors including, as specified in Rab 402.02 (d) and (e):
(d) The following shall be considered aggravating
circumstances:
(1) The seriousness of the offense;
(2)
The licensee’s prior disciplinary
record;
(3) Lack of willingness to cooperate with the
board;
(4) Potential harm to the consumer; and
(5) The purpose of the rule or statute violated.
(e) The following shall be considered mitigating
circumstances:
(1)
Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(f)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements shall be sent to the licensing body of each state in
which the appraiser is licensed and to such other entities, organizations,
associations, or boards as are required to be notified under applicable state
or federal law.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 402.01)
Rab 402.03 Revocation.
(a)
“Revocation” means the permanent and complete cancellation of any
specially-conferred rights, authority, or privileges that were granted to an
appraiser through
(b)
The most severe sanction, revocation, shall be imposed only for those
cases in which:
(1) An appraiser has made a third false claim of
inspecting a property;
(2) An appraiser has committed a third major
violation of USPAP; or
(3) An appraiser’s license to practice real
estate appraisal in any other state has been revoked.
(c)
The minimum period for revocation shall be 3 years commencing from the
latter of:
(1) The date that the revocation goes into
effect; or
(2) The date on which no further appeal may be
taken.
(d)
Upon receipt of a revocation order from the board, the apprentice or
appraiser shall immediately cease holding him or herself out to the public as
an appraiser. Further, such appraiser
shall immediately cease engaging in any act for which licensure or
certification issued pursuant to
(e)
Failure to comply with (d) above, shall constitute separate grounds for
further disciplinary action.
(f)
A subsequent license or certification shall be obtained only after:
(1) The passage of the amount of time specified
in the revocation order;
(2) Complying with all of
the requirements of
(3) Demonstrating that the cause for revocation
does not exist at the time of the subsequent application; and
(4) Demonstrating that any corrective actions
that were ordered by the board have been fully implemented.
Source. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 402.02)
Rab 402.04 Suspension.
(a)
“Suspension” means the temporary withdrawal of any specially-conferred
rights, authority, or privileges that were granted to an appraiser through
(b)
The sanction of suspension shall be imposed only after notice and
opportunity for a hearing in those cases in which the board determines that at
least one of the following is true:
(1) An appraiser has, for a third time, engaged
in willful acts that are intended to:
a. Mislead someone who has a right to rely upon
the appraisal; or
b. Influence the value of the subject property
in such a way as to favor the client’s interests;
(2) An appraiser has, for the third time,
violated a competency requirement;
(3)
An appraiser has, for the second or
subsequent time, failed to disclose assistance provided by others; or
(4) An appraiser’s license to practice real
estate appraisal in any other state has been suspended;
(c)
The minimum period for suspension shall be that amount of time necessary
for the appraiser to take corrective action ordered by the board and return to
compliance. Suspension shall have no
effect upon the expiration of licensure or certification. Specifically, suspension shall not cause
expiration to be advanced or delayed.
(d)
Upon receipt of a suspension order from the board, the appraiser shall
immediately cease holding him or herself out to the public as an
appraiser. Further, such appraiser shall
immediately cease engaging in any act for which licensure or certification is
required until the board grants reinstatement pursuant to (f), below.
(e)
Failure to comply with (d) above, shall constitute separate grounds for
further disciplinary action.
(f)
An appraiser seeking reinstatement shall petition the board, providing
documentation of all corrective actions taken.
The board shall review the petition and supporting documentation and
grant the petition if it determines that all corrective action ordered by the
board has, in fact, been taken and the appraiser has returned to compliance.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 402.03)
Rab 402.05 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of administrative fines
shall be commenced against any person subject to such penalties under any
provision of
(b)
When persons subject to the board’s disciplinary authority are directed
to pay administrative fines in accordance with Rab 402.02, such penalties shall
be assessed in accordance with the factors stated in Rab 402.02 (d) and (e) and
the following additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee’s ability to pay an
administrative fine assessed by the board.
(c) Administrative fines shall not exceed the
following amounts:
(1) When no violation of the same type has occurred
within the 3 years preceding the board’s notice to the respondent, the penalty
assessed shall not exceed $100.00 per day or $1,000.00 per offense whichever is
greater;
(2) When a single disciplinary infraction of the
same type has occurred within the 3 years preceding the board’s notice to the
respondent, the penalty assessed shall not exceed $100.00 per day or $1,500.00
per offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred within the 3 years preceding the board’s notice to
the respondent the penalty assessed shall
not exceed $100.00 per day or $2,000.00 per offense whichever is greater.
(d) In the case of continuing violations, a
separate penalty shall be assessed for each day the violation continues.
(e) A single course of continuing conduct shall
be treated as a single violation for purposes of Rab 402.05 (c).
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 402.04)
Rab
402.06 Procedures for Assessing and
Collecting Administrative Fines.
(a)
Payment of administrative fines shall be included among the options
available for settling disciplinary allegations, and shall be included among
the types of disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of apparent
liability” describing the alleged offense, stating the amount of the assessed
fine, and notifying the alleged offender that he or she shall pay the fine by a
certain date or request that an administrative hearing be held. If a hearing is requested, the notice of
apparent liability shall be withdrawn and a notice of hearing shall be issued.
In such hearings, the board’s disciplinary options shall not be limited to the
assessment of an administrative fine.
(c)
Nonpayment of an administrative fine by a licensee or respondent in contravention
of an order, agreement or promise to pay, shall be grounds for discipline by
the board and a basis for judicial action seeking to collect the fine.
Source. #10270, eff 2-2-13
(from Rab 402.05)
Rab 402.07 Disciplinary Continuing Education.
(a) “Disciplinary continuing education” means any
course or seminar that an apprentice or appraiser is ordered, by the board, to
take for the purpose of addressing a finding of misconduct based upon deficient
appraisal skills, and which is in addition to and does not count toward meeting
the continuing education requirements set forth in Rab 403.
(b)
The sanction of disciplinary continuing education shall be imposed only
after notice and opportunity for a hearing in those cases in which the board
determines that the apprentice or appraiser’s misconduct arose, at least in
part, through deficient skills necessary for some aspect of conducting an
appraisal.
(c)
The failure by an appraiser to take the disciplinary continuing
education ordered by the board shall be grounds for further discipline by the
board and a basis for judicial action seeking to collect the penalty.
Source. #10270, eff 2-2-13
(from Rab 402.05)
PART Rab 403 CONTINUING
EDUCATION
Rab 403.01 Purpose. The purpose of continuing education
requirements for the renewal of apprentice classifications, appraiser licenses and
certificates is to ensure that the appraiser
participates in a program that maintains and increases his or her skill,
knowledge and competency in real estate appraising.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 403.02 Specific Renewal Requirements. To be eligible for renewal of an apprentice
classification, appraiser license or certificate, the
applicant shall meet the continuing education requirement for renewals
developed by the AQB and the requirements of these rules:
(a)
The apprentice or appraiser shall take the equivalent of at least 14
class hours of instruction in courses or seminars for each year of practice
during the period preceding the renewal;
(b)
Appraisers shall successfully complete the 7-Hour National USPAP Update
Course, or its equivalent, every 2 calendar years. Equivalency shall be
determined through the AQB Course Approval Program or by an alternate method
established by the AQB;
(c) USPAP continuing education credit shall be
awarded only when the course is taught by at least one AQB certified instructor
who is in good standing as a certified residential appraiser or a certified
general appraiser, or through any USPAP courses meeting the AQB distance
education criteria;
(d) Continuing education credit shall not
be recognized for any repeat program attended or completed within an
appraiser’s 2 year continuing education cycle; and
(e) Instructors under (c) above shall meet the
requirements established by the AQB in “The Real Property Appraiser Qualification
Criteria and Interpretations of the Criteria”
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 403.03 Credit.
(a) Credit toward meeting the continuing
education requirement for renewal shall be granted only for:
(1) Courses provided by any
of the organizations or individuals outlined in Rab 302.13 which meet the
requirements for board approval; and
(2) Courses which include
instruction in any one or more of the following subject areas:
a. Ad valorem taxation;
b. Arbitration and dispute resolution
c. Courses related to practice of real estate appraisal or
consulting;
d. Development cost estimating;
e. Ethics and standards of professional practice, USPAP;
f. Land use planning, zoning;
g. Management, leasing, timesharing;
h. Property development,
partial interests;
i. Real estate law, easements and legal
interests;
j. Real estate litigation, damages, condemnation;
k. Real estate financing and investment;
l. Real estate appraisal
related computer applications;
m. Real estate securities and syndication;
n. Green building;
o. Seller concessions;
p. Developing opinions of
real property value in appraisals that also include personal property; and
q. Business value.
(b)
Up to one half of an individual’s continuing education requirement may
also be granted for participation, other than as a student, in appraisal
educational processes and programs. Credit for instructing any given course or
seminar shall be awarded only once during a continuing education cycle.
(c)
Educational offerings taken by an individual in order
to fulfill the class hour requirement for a different classification
than his/her current classification may be simultaneously counted towards the
continuing education requirement of his/her current classification.
(d)
A certificate of completion shall be delivered to the student upon
successful completion of the course and, if applicable, confirmation of a
satisfactory score on the final examination. The certificate shall state at a
minimum, the student’s name, the course name, the name of the provider, the
completion date and the credit hours awarded.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab
403.04 Record Keeping.
(a)
The licensee shall maintain records to be used to support credits
claimed.
(b)
Records required shall contain a log showing the type of activity
claimed, sponsoring organization, location, instructor’s or speaker’s name, and
continuing education credits earned.
(c)
Attendance verification records shall be in the form of
completion certificates or other documents supporting evidence of attendance
such as:
(1) Signed attendance completion certificates; or
(2) Completed continuing education transcript
from a board approved provider.
(d)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such documentation shall be made available to the board
for random audit and/or verification purposes. Documentation shall support continuing
education hours claimed. Failure to provide documentation for audit verification
shall result in disciplinary action.
(e)
Not less than 10% of the licensees shall be randomly selected each year
by the board for compliance with the continuing education requirements of Rab
403.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 403.05 Extension of Continuing Education
Deadlines.
(a)
No waiver or deferral shall be granted to a licensee who fails to meet
the continuing education requirements.
Instead, pursuant to
(b)
Notwithstanding (a) above, deferrals shall be granted to individuals
returning from active military duty.
Such individuals shall be permitted to be placed on active status for up
to 90 days pending completion of all continuing education requirements.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 403.04)
Rab 403.06 Distance Education.
(a)
No more than 50% of a renewing appraiser’s required continuing education
hours may be obtained via distance
education.
(b) Distance education activities shall include a
verifiable written proctored examination which tests the licensee’s
comprehension of the content of that course or program.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 403.05)
Rab 403.07 Standards for Approval of Continuing
Education Courses.
(a) Continuing education credit shall be granted
only for courses approved by the board. A list of currently approved courses
shall be provided by the board upon request.
(b) The content of the course of instruction
shall be within those subject areas set forth in Rab 403.03(a)(2);
(c)
Credit towards the continuing education hour requirements for each
appraiser classification shall be granted only where the length of the
educational offering is at least 2 hours.
(d) Course providers shall submit
an application for approval provided by the board, including as
attachments all additional materials listed in that application.
(e) The board shall approve continuing education
courses if it determines that:
(1) The application
demonstrates compliance with (b) – (d) above;
(2) The course is led by an
instructor with sufficient experience in and mastery of the subject matter of
the course;
(3) The course is sponsored
by a group or individual possessing the intent and ability to produce a course
of sufficient quality to improve or establish an appraiser’s competence; and
(4) The course is organized
in such a way as to fulfill the objectives of the course and the overall
purpose of continuing education.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 403.06)
Rab 403.08 Additional Standards for Approval of
Distance Education Courses.
(a)
A distance education course provider shall not seek board approval pursuant
to Rab 403.07 until the distance education course has been approved by the AQB
Course Approval Program and the course design and delivery method has been approved by an organization
authorized by the AQB to provide such approval.
Distance education courses that are currently approved by the board but
not by the AQB shall continue to be accepted for credit only until such
approval expires.
(b)
An approved distance education course/seminar shall be subject to random
review by the board at any time. If the
results of that review indicate that the approval criteria in Rab 403.07(e) are
no longer being met, the board shall, after notice and opportunity for hearing,
revoke approval for that distance education course. The provider shall be notified of the board’s
decision in writing. Revocation of the
previously granted approval shall become effective 45 days from the date of
decision. Appraisers having taken that
offering prior to the revocation’s effective date shall still be granted credit
for completing that course.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13 (from Rab 403.07)
PART
Rab 404 ONGOING REQUIREMENTS
Rab 404.01 Change of Address. All apprentices, appraisers, and applicants shall
notify the board in writing of any change in home or business address within 10
days of such change. Failure to provide a written notification of change of
address shall not be exculpatory grounds for failing to respond to governing
board inquiries or timelines and shall be grounds for disciplinary actions.
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
Rab 404.02 Compliance with USPAP. Each apprentice and appraiser shall, pursuant
to
Source. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13
PART
Rab 405 VOLUNTARY LICENSE SURRENDER
Rab 405.01 Procedure for Surrendering a License Any person holding a license may voluntarily
surrender that license by returning it to the board accompanied by a signed
letter stating that he/she intends to surrender his/her license.
Source. #10270, eff 2-2-13
Rab
405.02 Effect of Voluntary License Surrender.
(a)
A licensee who voluntarily surrenders a license shall retain no right or
privilege to practice real estate appraising in New Hampshire unless
specifically set forth in a board order or settlement agreement authorizing the
voluntary surrender. Unless otherwise
provided by the board, a licensee who reapplies for licensure in
(b)
Surrender or non-renewal of a license shall not preclude the board from
investigating or completing a disciplinary proceeding based upon the licensee’s
professional conduct while the license was still in effect. Such investigations and proceedings shall be
handled in the same manner as other disciplinary investigations and
proceedings.
Source. #10270, eff 2-2-13
Rab 405.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a) A licensee who wishes to surrender his/her
license as part of a settlement of pending misconduct allegations shall make a
written settlement offer to the board before the close of the record in a
disciplinary hearing.
(b)
Any settlement agreement reached under (a), above, shall include the
following concessions:
(1) That the license surrender has occurred in
settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be issues to be resolved in any future application the licensee may
submit in
(c) The board shall decline to accept a
settlement agreement under (a), above, if the board believes the licensee has
unreasonably declined to disclose material information concerning the alleged
misconduct or has refused to stipulate to the truth of specific material facts
concerning the alleged misconduct which would be necessary to protect the public
interest in the event the licensee subsequently reapplies for a license.
(d)
A licensee’s stipulation of facts shall be exempt from public disclosure
to the extent permitted by
(e)
The fact of license surrender and the terms of
any settlement agreement pertaining thereto shall be distributed to all
relevant licensing authorities and professional societies in the same manner as
a final decision containing specific finding of professional misconduct.
Source. #10270, eff 2-2-13
CHAPTER Rab 500 ETHICAL STANDARDS
PART
Rab 501 CODE OF ETHICS
Rab 501.01 Purpose. The purpose of this chapter is to establish a
New Hampshire code of ethics in accordance with RSA 310-B:18-a
and Uniform Standards of Professional Appraisal Practice (USPAP) by which all
licensed and certified real estate appraisers shall abide.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff
3-24-07, EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; ss by #13785, eff 12-19-23
Rab 501.02 Obligation To Obey.
(a)
The ethical requirements set forth in this part shall bind all apprentice,
licensed, or certified real estate appraisers or appraisal management
companies, and violation of any such requirements shall result in disciplinary
sanctions.
(b) All persons licensed or certified under RSA 310-B shall be
considered to have knowledge of the existence of the code of ethics described in Rab 501.03 and shall abide
by their provisions. Such knowledge shall
encompass the understanding that the practice of appraisal is a privilege, as
opposed to a right, and the apprentice, licensed, or certified real estate
appraiser or appraisal management companies shall be forthright and candid in
the licensee's statements or written response to the board or its representatives
on matters pertaining to professional conduct.
(c) All persons licensed or certified under RSA 310-B
shall submit only truthful and correct information in any application or
other document filed with or statement made to the board.
Source. (See Revision Note at chapter heading for Rab
100) #5435, eff 7-15-92; ss by #6787, INTERIM, eff
7-15-98, EXPIRED: 11-12-98
New. #6958, eff 3-23-99,
EXPIRED: 3-23-07
New. #8854, INTERIM, eff 3-24-07,
EXPIRED: 9-20-07
New. #9018, eff 11-1-07;
ss by #10270, eff 2-2-13; ss by #13785, eff 12-19-23
Rab 501.03 Uniform Code of Ethics. An appraiser shall remain informed and abide
by the USPAP ethical and professional conduct standards in effect at the time of the appraisal assignment.
Source. #10270, eff 2-2-13
(from Rab 501.02); ; ss by #13785, eff 12-19-23
APPENDIX A: Incorporation by
Reference Information
Rule |
Title |
Obtain at: |
Rab 302.01
(a) |
The Real Property
Appraisal Qualifications Criteria and Interpretations of the Criteria,
revised May 1, 2018 |
The Appraisal
Foundation, |
APPENDIX B
Rule |
|
Rab 101.01 |
RSA 310-B:2; RSA
541-A:16, I(b) |
Rab 101.01 (k),
(l) and (v) |
RSA 310-B:2 |
Rab 102.01 |
RSA 310-B:4, VI |
Rab 102.02 |
RSA 310-B:24, IX |
Rab 102.03 |
RSA 310-B:24
VIII; RSA 310-B:18 |
Rab 103.01 |
RSA 91-A:4, IV |
Rab 201.01 |
RSA 541-A:16, I
(b) |
Rab 201.02 |
RSA 541-A:16, I
(b) intro. |
Rab 301 |
RSA 310-b:5 and RSA 310-b:24, 1 |
Rab 301.01-301.02 |
|
Rab 301.03 |
|
Rab 301.04 |
|
Rab 302.01 – Rab 302.02 |
|
Rab 302.03 |
|
Rab 302.04 – Rab 302.08 |
|
Rab 302.09 |
|
Rab 302.10 – Rab 302.18 |
|
Rab 303 |
|
Rab 304 |
|
Rab 304.01 |
|
Rab 305 |
|
Rab 305.02 (d) |
|
Rab 305.02 (e) intro., (1) and (2) |
RSA 310-B:6, I(a), 12 U.S.C. 3345 |
Rab 306 |
|
Rab 307 |
|
Rab 308 |
|
RSA 310-B:12-b; |
|
Rab 401 |
|
Rab 402 |
|
Rab 403 |
|
Rab 404.01 |
|
Rab 404.02 |
|
Rab 500 |
RSA 310-B:18-a |