New Hampshire Administrative Code

"Sanction" means a level of disciplinary action determined by the commissioner to ensure the integrity of the DRA certification process by requiring a time period ranging from one month to 6 months in which the sanctioned person, at his or her own expense, is supervised by: (a) A…

"Self-study" means an approved on-line course that allows for testing in person or proctored by an electronic monitoring service. Notes N.H. Admin. Code § Asb 301.52 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12776, Effective 5/9/2019, Expires 5/9/2029…

"Statistical testing" means the use or application of numerical statistics to understand the results of a reappraisal or the need for a reappraisal. Notes N.H. Admin. Code § Asb 301.53 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12776, Effective 5/9/201…

"Suspension" means a level of disciplinary action determined by the commissioner to ensure the integrity of the DRA certification process by requiring a loss of certification for a time period up to 5 years pursuant to RSA 21-J:14-f. Notes N.H. Admin. Code § Asb 301.54 Derived fr…

"Unethical" means not in conformity with the ethics and standards that govern professional conduct in appraisal practice. Notes N.H. Admin. Code § Asb 301.55 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12776, Effective 5/9/2019, Expires 5/9/2029. Amende…

"Uniform standards of professional appraisal practice (USPAP)" means the generally accepted and recognized standards of appraisal practice printed by The Appraisal Foundation as authorized by Congress as the source of appraisal standards and appraiser qualifications. Notes N.H. A…

"USPAP-compliant report" means an appraisal report based upon the standards established by the ASB pursuant to RSA 21-J:14-b, I, (c). Notes N.H. Admin. Code § Asb 301.57 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12776, Effective 5/9/2019, Expires 5/9/…

"Year of experience" means that one year of work experience is equivalent to 2,000 hours. Notes N.H. Admin. Code § Asb 301.58 Derived from Volume XLI Number 45, Filed November 10, 2021, Proposed by #13274, Effective 10/14/2021, Expires 10/14/2031

(a) Assessing services contracts and agreements shall be in accordance with RSA 21-J:11 and the applicable Rev 600 rules. (b) Prior to starting any work, every person, assessor, contractor, or company intending to engage in the business of providing appraisals, appraisal work, or…

Unless statutorily authorized to assess property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13, a person or an employee of a municipality or company who is not certified by the DRA as an appraiser as defined in Asb 301.04 shall not be trained to perform measuring and l…

(a) Pursuant to RSA 21-J:14-f, persons, unless statutorily authorized to assess property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13, who, by their action, provide an appraisal, appraisal work, assessing services, or establish or change assessed property value for an…

(a) Prior to training any person to conduct an assessment of real estate, the appraiser, contractor, or in-house assessor, shall comply with Asb 302.02. (b) The in-service supervised field training shall be in the presence of a DRA-certified appraiser as defined in Asb 301.04. (c…

A person requesting certification under this section shall meet either of the following: (a) The requirements to be a DRA-certified building measurer and lister shall include: (1) A total of 160 documented hours of in-service accompanied supervised field training in measuring, li…

A person requesting certification under this section shall meet either of the following: (a) The requirements to be a DRA-certified property assessor assistant shall be: (1) All of the requirements for a DRA-certified building measurer and lister, specified in Asb 303.03; (2) Sig…

(a) In lieu of the requirements in (b)(1) and (2), below, a DRA-certified property assessor applicant may submit to the DRA a copy of his or her current New Hampshire Association of Assessing Officials' professional designation certificate. (b) The requirements to be a DRA-certif…

(a) In lieu of the requirements in (b)(1), (2) and (7) below, a DRA-certified property assessor supervisor applicant may submit to the DRA a copy of his or her current New Hampshire Association of Assessing Officials' professional designation certificate. (b) The requirements to …

(a) For revaluation or assessing services, under the guidance and oversight of a DRA-certified property assessor or DRA-certified property assessor supervisor, a DRA-certified building measurer and lister may perform: (1) Data collection; (2) Data verification; and (3) Cyclical i…

(a) For revaluation or assessing services, under the guidance and oversight of a DRA-certified property assessor or DRA-certified property assessor supervisor, a DRA-certified property assessor assistant may assist with: (1) Assessment tasks as defined in Asb 301.06; (2) Sale val…

(a) A DRA-certified property assessor may, in accordance with Asb 303.05: (1) Perform appraisal work which includes: a. The annual maintenance of assessments by using the base year data collection manual and USPAP-compliant report; and b. The use of the computer assisted mass app…

A DRA-certified property assessor supervisor may, in accordance with Asb 303.06: (a) Perform and supervise all appraisal work; (b) Conduct and supervise a revaluation, cyclical revaluation, or partial update by: (1) Compilation of the data collection manual; (2) Performing a mark…

(a) Each DRA-certified property assessor and DRA-certified property assessor supervisor shall provide documentation that he or she has, over the previous 5 years, completed a total of 50 hours of approved continuing education, as defined in Asb 301.05(a), which includes:(1) A uni…

(a) Any person certified by the DRA, prior to the expiration date of his or her certification, may request in writing for an extension of a period of time not to exceed 6 months, from the DRA for completion of their continuing education hours. (b) Any person certified by the DRA,…

(a) A person, or an employee of a municipality or company requesting certification and meeting the requirements of Asb 303.01 through Asb 303.06 excluding a conditional approval provided in Asb 306.01(f), who has not committed any conduct that would be prohibited under Asb 307.02…

The DRA, upon determining a person's certification, or recertification status, shall notify the person within 30 days that: (a) The person did meet the criteria for the level requested; (b) The person did not meet the criteria to certify at the level requested and will be certifi…

(a) Certification at all levels shall be effective upon DRA approval. (b) Certification duration for the approval of new applicants or for approval that will change the level of DRA certification, when approved on or before June 30, shall: (1) Start January 1 of the year of the D…

(a) The DRA shall, by March 1, send a notice to all DRA-certified personnel whose certification will expire within that year. (b) A person notified in (a), above, by the DRA shall respond in writing no later than December 1 of that year, that he or she: (1) Requests to: a. Remain…

(a) A complainant charging a DRA-certified person with misconduct shall complete and file a form provided by the DRA, "Request for Commissioner Review and Determination" Form PA-71, or, in lieu of filing the form, a letter including all of the required information in (b) below, w…

Charges of misconduct shall include: (a) The practice of deceit-fraud as defined in Asb 301.20, or bad faith as defined in Asb 301.09; (b) Unsworn falsification in procuring, or attempting to procure, DRA certification, or recertification; (c) The allowance, by a person with DRA …

A person who has practiced deceit-fraud as defined in Asb 301.20, bad faith as defined in Asb 301.09, shall be, as the maximum penalty determined by the commissioner, decertified for a time period up to 5 years plus corrective action. Notes N.H. Admin. Code § Asb 308.01 #10093, e…

A person who has practiced unsworn falsification in procuring, or attempting to procure, DRA certification shall be, as the maximum penalty determined by the commissioner, prevented from applying again up to a period of 2 years. Notes N.H. Admin. Code § Asb 308.02 #10093, eff 2-2…

A person with current DRA certification, who delegates work to either an individual who is not DRA-certified or an individual where the work is above their certification level shall be, as the maximum penalty determined by the commissioner, suspended up to a time period of 3 mont…

A person with DRA certification who performs negligent or willful acts in a manner inconsistent with the health or safety of persons under the person's supervision shall be, as the maximum penalty determined by the commissioner, suspended for a time period of up to 5 years plus c…

The penalty for misconduct that affects the practice of assessing or violation of any NH applicable property assessing statutes, Asb 300 or Rev 600 rules shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus correcti…

A person with DRA certification who performs sales chasing shall be, as the maximum penalty determined by the commissioner, decertification for a time periodup to 5 years plus corrective action. Notes N.H. Admin. Code § Asb 308.06 #10093, eff 2-28-12 Amended by Volume XXXIX Numbe…

Suspension or decertification similar to one issued under RSA 21-J:14-g, in another jurisdiction, without reinstatement of certification, shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus corrective action. Notes…

The penalty for breaching duty of confidentiality shall be, as the maximum penalty determined by the commissioner, decertification for a time period up to 5 years plus corrective action. Notes N.H. Admin. Code § Asb 308.08 #10093, eff 2-28-12 Amended by Volume XXXIX Number 24, Fi…

Non-compliance with an individual's right to know pursuant to RSA 91-A, shall be, as the maximum penalty determined by the commissioner, suspension for a time period up to 6 months. Notes N.H. Admin. Code § Asb 308.09 #10093, eff 2-28-12 Amended by Volume XXXIX Number 24, Filed J…

The penalty for a conviction within the past 5 years or since last certification shall be, as the maximum penalty determined by the commissioner: (a) Suspension up to 5 years for a Class A misdemeanor; and (b) Decertification for a felony. Notes N.H. Admin. Code § Asb 308.10 #100…

A DRA-certified person who does not notify the DRA within 10 business days of suspension or decertification similar to one issued under RSA 21-J:14-g, the New Hampshire association of assessing officials, the international association of assessing officers, or the NH real estate …

A person who does not include any information about suspensions or decertification similar to one issued under RSA 21-J:14-g prior to becoming DRA-certified shall be prohibitedfrom applying for certification for up to 2 years. Notes N.H. Admin. Code § Asb 308.12 #10093, eff 2-28-…

In determining the penalty to be imposed under Asb 308.01 through Asb 308.12, the commissioner shall utilize the following factors: (a) The DRA certification level and years of experience; (b) Whether the offense is a first time occurrence; (c) Whether the offense is one in a ser…

Discipline imposed upon a DRA-certified person under Asb 308 shall be intended to be the minimum sanction or sanctions, both in type and extent, that the commissioner believes will, based upon the unique facts and circumstances of each act of misconduct: (a) Protect the public; a…

Public Disclosure. Notwithstanding any other confidentiality requirement of rule or law, all findings and decisions denoting the amount and type of discipline imposed shall be made available to the public. Notes N.H. Admin. Code § Asb 308.15 Derived from Volume XXXIX Number 24, F…

These rules implement the statutory responsibilities of the governing board of athletic trainers pursuant to RSA 326-G. Notes N.H. Admin. Code § Ath 101.01 #8345, eff 5-7-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12946, Effective 12/20/2019.

Pursuant to RSA 326-G:2 these rules shall not apply to athletic training when it consists in: (a) Self-care by a patient; (b) First aid by a coach; (c) Gratuitous care by a friend or family member who does not represent himself or herself as an athletic trainer; (d) The activitie…

"Athletic trainer" means "athletic trainer" as defined in RSA 326-G:1, II, namely, "a person licensed under this chapter to practice athletic training." Notes N.H. Admin. Code § Ath 102.01 #8345, eff 5-7-05; ss by #9872, eff 2-24-11 Amended by Volume XL Number 2, Filed January 9,…

"Athletic training" means "athletic training" as defined in RSA 326-G:1, III, namely, "the practice, with respect to injuries or conditions incurred by participants in organized or recreational sports, of: (a) Prevention; (b) Assessment and evaluation; (c) Acute care, management,…