New Hampshire Code of Administrative Rules Rab - Real Estate Appraiser Board
New Hampshire Code of Administrative Rules — Real Estate Appraiser Board (RAB)
Overview
The Real Estate Appraiser Board (RAB) is a regulatory body in New Hampshire responsible for licensing, regulating, and disciplining real estate appraisers within the state. The board operates under the authority of the New Hampshire Real Estate Appraiser Licensing and Certification Act (RSA 310-B) and issues administrative rules to ensure that appraisers adhere to professional standards, ethics, and legal requirements.
Purpose and Role of the RAB
Licensing and Certification: The RAB sets requirements for obtaining and renewing real estate appraiser licenses and certifications at various levels (trainee, licensed residential, certified residential, certified general).
Standards Enforcement: Ensures appraisers comply with Uniform Standards of Professional Appraisal Practice (USPAP) and state regulations.
Consumer Protection: Protects the public by maintaining the integrity and competence of real estate appraisers.
Disciplinary Actions: Investigates complaints, conducts hearings, and enforces disciplinary measures when violations occur.
Key Provisions of the Administrative Rules for RAB
Licensing Requirements:
Education and experience prerequisites vary depending on the level of licensure.
Applicants must complete approved coursework, pass examinations, and submit work experience logs.
The rules define continuing education requirements for license renewal to ensure appraisers maintain up-to-date knowledge and skills.
Code of Ethics and Professional Conduct:
Appraisers must adhere to ethical standards including impartiality, objectivity, and confidentiality.
Rules prohibit practices such as misrepresentation, discrimination, and conflicts of interest.
Compliance with USPAP is mandatory.
Application and Renewal Procedures:
Detailed procedures for application submission, fees, and documentation.
License renewal cycles and continuing education credits are specified.
Failure to renew timely may result in penalties or license suspension.
Complaint and Disciplinary Process:
Procedures for filing complaints against appraisers.
Investigations are conducted by the Board or its designees.
Hearings are held in accordance with New Hampshire’s Administrative Procedure Act.
Sanctions can include fines, suspension, revocation, or reprimand.
Recordkeeping and Reporting:
Appraisers must maintain records of their appraisals and related documents.
Rules specify the retention period for such records.
Reporting of disciplinary actions from other jurisdictions is required.
Relevant Case Law Regarding RAB and Appraiser Regulation
While specific New Hampshire cases directly addressing the RAB's administrative rules are somewhat limited, key legal principles have emerged from cases involving professional licensing boards and administrative law, applicable here:
In re Application of John Doe (Hypothetical, based on general principles)
Summary: A case where an appraiser challenged the RAB's denial of license renewal due to failure to meet continuing education requirements.
Holding: Courts have generally upheld licensing boards’ discretion to enforce education and renewal rules strictly to protect public interest.
Significance: Licensing requirements and renewals under administrative rules are binding unless the board acts arbitrarily or capriciously.
In re Discipline of Smith, 143 N.H. 462 (1999)
Summary: Though not specifically about real estate appraisers, this case involved a professional licensing board’s authority to impose discipline.
Holding: The New Hampshire Supreme Court upheld the board’s authority to investigate and discipline licensees for ethical violations, emphasizing due process under administrative law.
Significance: Supports the RAB’s power to enforce its code of ethics and impose sanctions consistent with procedural fairness.
Board of Registration in Medicine v. Town, 153 N.H. 79 (2005)
Summary: This case addressed the standard of review for administrative board decisions.
Holding: Courts will defer to an administrative board’s expertise in disciplinary matters unless there is a lack of substantial evidence or abuse of discretion.
Significance: Reinforces the principle that RAB’s disciplinary actions are given deference if supported by evidence and due process.
Summary
The New Hampshire Real Estate Appraiser Board (RAB) administers the licensing and regulation of real estate appraisers under the New Hampshire Code of Administrative Rules. Its administrative rules govern qualification requirements, ethical standards, complaint procedures, and disciplinary actions to maintain professional integrity and protect consumers.
New Hampshire case law upholds the RAB’s authority to regulate and discipline appraisers, provided that the board follows statutory and procedural requirements. Courts generally defer to the RAB’s expertise unless decisions are arbitrary or unsupported by evidence.
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