New Hampshire Administrative Code

(a)The rules of this title implement the statutory responsibilities of the New Hampshire board of home inspectors created by RSA 310-A: 182. (b) These provisions regulate but are not limited to the licensing of home inspectors and the practice of home inspection in the state of N…

As used in these rules, the following terms shall have the meanings indicated: (a) "Board" means the New Hampshire board of home inspectors created by RSA 310-A:183. (b) "Executivedirector" means the board's staff director, a person with delegated authority to perform administrat…

The board shall administer the provisions of RSA 310-A:182-201 which include but are not limited to safeguarding property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of home inspectors in this state. Notes N.H. …

Pursuant to RSA 310-A:186, Ithe board shall consist of 7 members who meet the eligibility requirements of RSA 310-A:186 I-, III. Notes N.H. Admin. Code § Home 103.02 #9503, eff 7-8-09

The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside. Notes N.H. Admin. Code § Home 103.03 #9503, eff 7-8-09

The board shall designate an executive director and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's day-to-day operations. Notes N.H. Admin. Code § Home 103.04 #9503, eff 7-8-09

Every two years, the board shall elect or appoint a chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year. Notes N.H. Admin. Code § Home 103.05 #9503, eff 7-8-09

The seal of the board shall be an embossed circular seal consisting of 2 concentric circles, the outer circle having a diameter of 1 7/8 inches and an inner circle having a diameter of 1 3/8 inches. In the space between the 2 circles at the top of the seal there shall be the word…

(a) The board's office shall be located at the New Hampshire Office of Professional Licensure & Certification, 121 South Fruit Street, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m. (b) Correspondence shall be addressed to …

Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental record and shall be available for inspection during the board's ordinary office hours…

Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided. If records are requested which contain both public and co…

Copies of a roster containing names, addresses, and assigned numbers of licensed home inspectors shall be furnished upon request. The fee shall be $30.00. Notes N.H. Admin. Code § Home 104.03 #9503, eff 7-8-09

Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or secretary. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meet…

A quorum of the board shall consist of not less than 4 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or secretary, aquorum of the board shall designate a pro tempo…

The board shall conduct its meetings in the following order: (a) Reading of the minutes; (b) Interviews/meetings; (c) Reading of communications; (d) Reading and consideration of applications; (e) Unfinished business; (f) New business; and (g) Adjournment. Notes N.H. Admin. Code §…

Roberts Rules of Order, 10th edition dated 2000 shall govern the procedures of the board. Notes N.H. Admin. Code § Home 105.04 #9503, eff 7-8-09

(a) When necessary to conduct the board's business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative d…

(a) A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board. (b) When expressly authorized by the board, the authority of a committee shall include: (…

The Plc 200 rules shall govern the board of home inspectors 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 stateme…

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard and issuing an order which finds that waiver would be necessary to advance the purpose of RSA 310-A:182 through RSA 310-A:201. (b)…

(a) Persons wishing to become licensed as a home inspector in New Hampshire shall submit an application form provided by the board which contains the information specified in Home 301.02, 301.03 and the application fee specified in Home 301.04. (b) An application, which is not si…

(a) Each applicant for licensure shall provide, or cause to be provided, the following on the "Application for Licensure as a Home Inspector Form", effective January 2018 and supplied by the board:(1) The applicant's name, including any names previously used; (2) The applicant's …

Applicants for licensure shall provide the following: (a) A completed department of safety, division of state police "Criminal Record Release Authorization Form", revised 05/12, pursuant to RSA 310-A:190, I (e); (b) Proof of liability insurance coverage consisting of at least the…

(a) The application for licensure shall be $200.00. (b) The wall display certificate fee for licensees shall be $50.00. (c) The biennial renewal fee shall be $200.00. (d) If the renewal is not received by the date of expiration, there shall be a late fee of 20 percent per month. …

(a) All fees shall be paid in the form of cash, money order, bank draft, check or credit card number payable to "Treasurer, State of New Hampshire" and are non-refundable. (b) Applicants paying with credit card shall do so by completing a "Credit Card Sheet", effective January 20…

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:190, before a license shall be granted. The board shall require documentation of the applicant's education and work experience to help determine competency if the application is unclear, contradicto…

An application shall be denied if, after notice and an opportunity for hearing, there is a finding that: (a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board in connection with the application; (b) There is evidence of past …

(a) Applicants for approval of pre-licensing courses shall submit the following: (1) A course outline describing content and course hours to be taught, at least 3 months prior to the implementation of the course on subject areas approved by the board, including: a. New Hampshire …

(a) Candidates for licensure shall have successfully passed the National Home Inspectors examination created and graded by the Examination Board of Professional Home Inspectors. (b) The examination shall be administered on a computer at National Home Inspector Examination test ce…

Candidates for licensure who are licensed or registered in another state, provided that the other state grants reciprocity to residents of this state and whose licensure or registration requirements are substantially equivalent to or higher than those of this state, shall apply t…

An applicant for licensure as a home inspector, who has satisfactorily met all the requirements of RSA 310-A and who has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license authorizing the practice of home inspection that shall sho…

Biennially, the board shall issue a licensure card, numbered to correspond with the home inspector's assigned number to each licensed home inspector upon renewal of the license. The card shall certify that the home inspector holds a license in good standing and is authorized to p…

(a) Upon issuance by the board of a license to an applicant as a licensed home inspector, the licensee shall acquire an impression type seal or rubber stamp of the design approved by these rules and submit the seal to the board for approval. This seal shall bear the licensee's na…

Pursuant to RSA 310-A:192, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The board shall notify each home inspector one month prior to expiration of their license. If properly renewed, a license shall r…

(a) Any licensee wishing to renew a license shall submit:(1) The completed "NH Home Inspector Renewal Form" supplied by the board; (2) The fee specified in Home 301.04; (3) If the renewal is not received by the date of expiration, a late fee of 20 percent per month for a period o…

The applicant shall supply the following information on or with the "NH Home Inspector Renewal Form" for license renewal: (a) The applicant's full name, license number, and license expiration date; (b) The applicant's business address and telephone number; (c) The applicant's hom…

Renewal shall be denied if, after notice and an opportunity for hearing, the board finds: (a) Noncompliance with the continuing education requirements of Home 403.01; (b) Any unethical act for which discipline shall be imposed under RSA 310-A:185; (c) Reasons for which an initial…

A home inspector whose license to practice home inspection in this state has been allowed to lapse for a period of 12 months or more shall: (a) File an "Application for Reinstatement", effective January 2018, with the board that shall include at least the following:(1) The applic…

Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds: (a) Noncompliance with the continuing education requirements of Home 403.01; (b) Any unethical act for which discipline shall be imposed under RSA 310-A:185; (c) Reasons for which an i…

The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, in response to any information which reasonably suggests that a licensee has engaged in professional misconduct. Notes N.H. Admin. Code § Home 402.01 #9506, eff 7…

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:(1) After prior notice and an opportunity to be heard; or (2) Pursuant to a mutually agreed upon settlement or consent decree. (b) When the board receiv…

(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred. (b) When persons subject to the bo…

(a) Payment of a fine 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 sancti…

(a) Continuing education hours shall be earned pursuant to RSA 310-A:192. (b) A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that he or she has completed the minimum requ…

Continuing education hours shall meet the following criteria: (a) Continuing education activities shall be relevant to the practice of home inspection or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content; (b) Th…

Continuing education hours shall be credited as follows: (a) A maximum of 6 continuing education hours shall apply to activity on a state or national board of licensure; (b) Courses or programs awarded one college semester hour of credit shall equal 45 continuing education hours …

(a) The responsibility of maintaining records to be used to support credits claimed shall be the responsibility of the licensee. (b) Records shall contain at least the following documentation: (1) A log showing the type of activity claimed, sponsoring organization, location, inst…